Professional Documents
Culture Documents
Employment Contract
Far-Galaxy Networks
Inh. Sebastian Fohler
Asternstr. 5
D-80689 Munich
and
Mr/Ms/Mrs
Kodihalli Ramesh Sharathguru
Gangadharapur Layout, house no. 3
Block 2 Doddaballapur
561203 Karnataka
INDIA
Gender clause
For reasons of legibility, gender-specific phrasings will not be used below. Where personal
designations are only used in the male form, they refer equally to men, women and other.
The employment shall commence on 01 October 2020 and shall continue till 31 March 2021.
The first six months shall be deemed probation. During probation, the employment may be
terminated by either party with a period of notice of two weeks without any fixed end date.
§ 2 Work
He commits to also perform other work – including in a different location – that corresponds to his
prior knowledge and skills. This shall apply as far as reasonable upon reconciliation of Employer's
and Employee's interests, and not connected to a reduction in wage.
The regular workplace may be chosen freely as far as not explicitly instructed otherwise.
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§ 3 Remuneration
§ 4 Working time
The beginning and end of the daily working time shall be determined by operational needs.
The regular weekly working time already considers standby work in the scope of the legally
permitted maximum total weekly working time.
Employee is obligated to record his working hours performed every day and to observe instructions
of Employer concerning the content and form of the record.
Employee commits to put his entire labour into the company's service. Any overtime and additional
work that arises shall generally be compensated by time off in lieu. Monetary compensation shall
not take place.
The following shall apply as far as Employee works at home or at the customer's site:
Home Office
1. Employee is obligated to report any pending relocation to Employer in writing without undue
delay.
2. Employee declares that the home office is located in a room that meets the requirements
for permanent presence of people, is intended for this and suitable for performing
Employee's tasks. The home office must be lockable. It must comply with the requirements
of the workplace regulation, the screen regulation, the accident prevention provisions and
any other relevant provisions, each as amended from time to time. Suitability of the home
office according to the above provisions may be reviewed by Employer or an officer
charged by him by way of inspection. The data protection officer may participate in the
inspection if there are any legitimate interests.
3. Employee is obligated to keep the necessary technical prerequisites at hand in the room to
be used as the home office. The technical devices required must be coordinated with
Employer beforehand. In case of internet access, at least an access of the DSL connection
category is required.
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Equipment
§ 6 Data protection
1. Protection of data and information, as well as data security, shall be according to the
provisions of the employment contract and the relevant statutory and internal provisions as
amended from time to time. Employee is obligated to strictly comply with these provisions.
Employer shall inform Employee of this in a suitable manner.
2. Employee is obligated to take suitable measures to prevent viewing of, and access to, data
and information by Third Parties. In particular, passwords and access paths to Employer's
data network must not be passed on to any Third Parties (in particular to household
members of Employee). Employee shall lock the home office when not inside.
3. Employee commits to not take any measures for recording or analysis of the data
transactions with Employer and the virtual PC in the network infrastructure used. No
documents or data must be exchanged with other home computers or stored there.
4. Employer shall have the right to store data on use of the operational telecommunication
systems for a duration of three months. Connection and content data alike are to be stored
in the scope of the personal data in question.
§ 7 Access rights
Employee is obligated to grant access to the home office to Employer or its officer upon Employer's
request, as well as to any persons who have an access right by law. Access shall be coordinated
with Employee in advance and must take place during the common operational working time.
Employee represents that his household members agree with this provision.
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§ 8 Liability
Employee must report any damage to the equipment to Employer without undue delay.
Employee must not use any operational EDP systems outside of the employment.
§ 10 Holidays
1. Employee has a claim to a statutory minimum holiday that currently amounts to 20 working
days per calendar year – based on a five-day-week. The statutory holiday claim shall be
used and granted first unless stipulated differently in a written agreement.
2. The holiday shall be granted and taken in the current calendar year. It is only transferred to
the next calendar year if urgent operational reasons or personal reasons of Employee
justify this. In case of transfer, the additional contractual holiday must be granted and taken
in the first 3 months of the subsequent calendar year. Otherwise, it will expire at the end of
31 March of this subsequent calendar year. This shall also apply to cases where Employee
is unable to take the additional contractual holiday due to illness. If the additional
contractual holiday is not transferred to the subsequent year according to the proviso of the
above absences, it shall expire at the end of 31 December of the respective calendar year.
Transfer of the statutory holiday shall be according to the respective statutory provisions.
3. If the statutory holiday cannot be granted wholly or in part due to termination of the
employment, it shall be compensated according to the proviso of the respective applicable
statutory rules. Compensation for the additional contractual holiday claim is excluded.
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4. In the entry and leaving year, the contractual
holiday shall be granted pro rata temporis each.
The statutory holiday claim shall be subject to the
statutory provisions in this respect. As far as the
statutory claim is to be granted pro rata temporis
as well, the statutory and contractual holiday
claims shall be added up under observation of the
rounding rule of § 5 (2) BUrlG, and the pro rata
temporis ratio is to be determined from the total.
The above rounding rule shall only be applied in
the last step.
§ 11 Illness
If Employee is unable to work due to illness not caused by his own fault, he shall have a claim to
continued remuneration for the work for up to six weeks according to the statutory provisions. The
prevention from work must be reported to Employer without undue delay. If the inability to work
exceeds two calendar days, Employee shall submit a medical certificate of his inability to work and
its expected duration no later than on the second calendar day. This evidence obligation shall
apply after the end of the six weeks as well. Employer shall have the right to demand submission
of the certificate of inability to work at an earlier time.
§ 12 Confidentiality
1. Employee shall keep any operational matters that become known to him in the scope or
due to his work for Employer confidential, including after the end of the employment.
Employee commits to keep the provisions in his employment contract and any operational
matters of a confidential nature, in particular business and operating secrets that become
known to him in the scope of, or due to, his work for Employer, both during the term of this
contract and after its termination, confidential. Confidential matters shall also include the
personal situation of employees and supervisors (e.g. attachment of salaries, advance
payments, loans). The obligation to confidentiality shall not apply to facts that are obvious
or do not require secrecy based on their relevance.
2. The obligation to secrecy shall cover the corresponding matters of other companies with
which Employer is organisationally or economically affiliated as well. The obligation to
secrecy shall also cover any data and information that has become known concerning the
customers of Employer and its affiliated companies. It shall continue beyond the end of the
employment.
3. He commits to pay a contractual penalty amounting to two gross monthly salaries (this
corresponds at present to EUR 900.00) for any violation of the obligation to confidentiality.
4. Furthermore, Employee shall owe Employer reimbursement for any damage it incurs from
the violation of obligations.
5. If Employee violates his confidentiality obligations, this may lead to termination. Employer
also informs Employee that betrayal of secrets is punishable under § 17 UWG.
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§ 13 Secondary work
§ 14 Termination
After the end of probation, the period of notice shall be 1 months at the end of a calendar month for
either party. Any statutory extension of the period of notice to the benefit of Employee shall equally
apply to the benefit of Employer. Notice of termination must be given in writing. Electronic form is
excluded.
Employer shall have the right to suspend Employee until the end of the employment. Suspension
shall take place subject to off-setting of any holiday claims that Employee may still be due and any
credit in the working time account. During the period of suspension, Employee shall accept off-
setting of any remuneration he acquires by use of his labour against the remuneration claim
against Employer.
If the contract ends by termination, amendment agreement or notice of termination for amendment,
the provided work equipment shall be returned to Employer, along with all provided documents,
without undue delay upon prompting from Employer. This shall also apply in case of irrevocable
suspension of Employee.
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§ 15 Special obligations of Employee at the end
of the contract
§ 16 Expiration/limitation periods
Any claims from the employment shall expire if not asserted against the contracting partner in text
form within a limitation period of three months after they become due, and, in case of refusal by the
contracting partner, in court within another three months. This shall not affect claims due to actions
based on malice or gross negligence.
The limitation period shall not apply to an employee's claim to statutory minimum wages.
Remuneration claims of Employee that exceed the statutory minimum wage, however, are subject
to the agreed limitation period.
§ 17 Place of work
§ 18 Additional agreements
The employment shall only be concluded upon submission of a police clearance certificate. § 616
German Civil Code shall be excluded.
Furthermore, Employee shall be obligated to participate in further and additional training measures
upon Employer's instructions if this is necessary for operational reasons.
There are no implied, oral or written side agreements. Modifications of, and amendments to, this
contract shall require text form. This shall also apply to revocation of this clause. Employee shall
not acquire any claims from operational habit. Contract modifications by individual agreements
shall be effective without any requirements to form.
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If individual provisions of this contract are, or become,
ineffective, this shall not affect the effectiveness of the
remaining contract.
§ 21 Severability
_____________________________ ___________________________
Place, date Place, date
_____________________________ ___________________________
Employee's signature Employer's signature
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