Employment Letter for Sales Executive
Employment Letter for Sales Executive
Chemudugunta Alekhya
29 5th floor sree ram Nagar hongasandra, GB palya road besides sn creations, BANGALORE-
560068, Karnataka, INDIA
LETTER OF EMPLOYMENT
Dear Chemudugunta Alekhya,
Thank you for exploring career opportunities with us. You have successfully completed our selection
process. We are pleased to appoint you as Executive - Sales with effect from 13/01/2025 with
[Link] (India) Private Limited(The Company).
This letter of employment is valid and open for acceptance for a period of 3 days from the date of
issue.
This appointment is subject to the terms and conditions outlined below. The comprehensive terms of
employment and policies are detailed and are available on our Internet/Employee Portal.
2. PROBATION PERIOD
2.1. You will be on probation for a minimum period of Six (6) months. Your probation date may be
reduced or extended on the basis of your performance.
2.2. Your employment will be deemed confirmed automatically on completion of this probation
period unless otherwise informed by the HR department in writing within 30 days of
completion of the probation period.
2.3. During the probationary period and any extension thereof, your services may be terminated
from either side upon following of the notice period specified from time to time by the
Company in its policies available in the Intranet//Employee Portal or through any
communication from the HR department in this regard or by giving basic salary in lieu thereof.
2.4. Upon confirmation of your employment, the services can be terminated from either side by
following the notice period specified from time to time by the Company in its policies available
in the Intranet//Employee Portal or through any communication from the HR department in
this regard or by giving basic salary in lieu there of. You will be governed by all terms and
conditions of service applicable to employees of the Company that are currently operational.
The Company reserves the right to modify the terms and conditions of employment as and
when required and you shall be deemed to have accepted such terms and conditions if you
continue your employment with the Company. You are advised to regularly check the
Company's Intranet/Employee Portal for any amendments to it.
3. APPLICABLITY OF SPECIFIC LABOUR LAW PROVISIONS
The employee will be classified as worker or non-worker having regard to the designation of the
employee by virtue of nature of duties and responsibilities assigned, employee's engagement in
managerial, administrative and/or supervisory capacity, and drawing wages beyond the
prescribed limit and such other criteria as may be prescribed and notified by the competent
authorities from time to time.
4. HOURS OF WORK
4.1. The employee is expected to work 8 hours per day (48 hours per week) in 6 days working
week and 9 hours per day in 5 days working week with one hour of break for lunch. The
Employee understands that there will be times when the working hours of the Employee may
need to be flexible, within the allowed spread-over limit as applicable from time to time. In
such case, no additional compensation will be paid to the Employee by the Company.
4.2. Notwithstanding the Employee's normal duties, subject to the exigencies of work that may
require the Employee to travel and work from elsewhere in India or outside India on behalf
of the Company and to work in flexible working hours required by the nature of work for the
business of the Company. The Employee agrees to accept such reasonable travel and
flexible hours of work without any additional remuneration / compensation.
4.3. You will abide by the working hours, weekly offs and paid holidays of the department, office
or establishment where you are posted. The hours of work of the company can be changed
from time to time in compliance of applicable labour laws and having regard to the business
exigencies and work requirements.
5. REMUNERATION
5.1. Your remuneration with effect from the date of your joining is Rs. 4,20,000 /- per annum
(Total Fixed Compensation/CTC). The remuneration components shall be as per the
prescribed limits. The company will provide you the applicable allowances and statutory
benefits under the applicable laws within the prescribed limit of the total remuneration (except
statutorily excluded components). The details of the same are set out in Annexure-I.
The Employee's remuneration may be reviewed annually by the Company, provided however
that the remuneration may be modified from time to time by the Company at its sole
discretion.
5.2. In addition to the fixed salary mentioned above, the Employee may be entitled to variable
pay/commission ("Incentive Pay") subject to the organization, business and/or individual
performance or any incentive program/policies that may be in place and Employee achieving
sales /KPI targets, Key Performance Indicators ("KPI") outlined by the Company from time to
time. Incentive Pay is contingent on pre-agreed performance criteria as agreed with the
Employee's Reporting Manager in line with the Company's business plan at the beginning of
each variable pay period. The frequency of this Variable Pay may be Annual (end of each
financial year), Bi-Annual, Quarterly or monthly according to business requirements/mutual-
agreed terms and conditions subject to the condition that Employee should be on the rolls of
the organization on the date of the payout to receive the same and subject to the achievement
of such specified targets.
5.3. The payment of any such variable pay, commission, and/or incentive (whether in cash or in
another form) shall be subject to achieving the targets and/or specified performance criteria
and/or the company's performance which shall be at the absolute discretion of the Company,
and the Employee shall not have any right whatsoever to have any claim thereof, either in law
or equity, even if such payment was made repeatedly in the past and without any explicit
reservation as to its voluntary and discretionary nature. The Company reserves the right to
withhold any incentive pay or withdraw any such payment at any time at its sole discretion
without giving any reason thereof.
5.4. Income Tax provisions, Profession Tax, and its applicability on remuneration would be borne
by you. The Company shall however be responsible for withholding taxes on your behalf as
per the prevailing provisions.
5.5. You will not be entitled to any other remuneration/benefits/amenities other than what is
explicitly stated to you in your Appointment Letter. Further, if at a future date, the Company
introduces any new remuneration/facilities, makes modifications, or restructures the
emolument structure in compliance with the applicable labour laws, the present remuneration
structure will also be suitably modified/amended. The reasonable and necessary professional
expenses for travel and lodging incurred by the Employee in furtherance of the Company's
business shall be reimbursed to the Employee in accordance with the standard policies of the
Company, as amended from time to time, upon presentation by the Employee of documentary
evidence acceptable to the Company. In the event you are eligible flexible flexi benefit plan,
you can have the option to avail the benefit of the said flexi benefit plan.
8. TERMINATION
8.1. During the probationary period and any extension thereof, your services may be terminated
on either side by following the notice period specified from time to time by the Company in its
policies available in the Intranet/Employee Portal or through any communication from the HR
department in this regard without any payment of compensation for termination.
8.2. If you wish to terminate your employment, you are required to give prior written notice of such
period as specified from time to time by the Company in its policies available in the
Intranet/Employee Portal or through any communication from the HR department in this
regard or payment of basic salary in lieu of such specified notice period. Conversely, the
Company may, at its sole and absolute discretion, waive off the specified notice period or
reduce it if circumstances so warrant.
8.3. In case of the Company desires to terminate the employment, it may, at its sole and absolute
discretion do so by giving notice of such period as specified from time to time by the Company
in its policies available in the Intranet/Employee Portal or through any communication from the
HR department in this regard or basic salary in lieu of such specified notice period.
Completion of serving the above-mentioned notice period does not mean automatic relief from
employment. Release from the services of the Company will be done in writing only after the
Company is satisfied regarding the proper handover of all documents and company assets, if
any.
8.4. The Company may terminate your employment immediately upon summary notice, without
notice or compensation if it is found that you have prima facie:
i. Willfully disobeyed a lawful or reasonable order from the Company or the Company's
Rules and Regulations applicable to you; or
ii. Conducted yourself in any way that is inconsistent with the due and faithful discharge of
your duties; or
iii. Committed a crime involving moral turpitude (whether or not such crime was committed in
connection with the Company's business) or committed any other act or omission
involving theft, embezzlement, dishonesty, disloyalty or fraud with respect to the
Company or any of its customers; or any kind of offenses at his/her personal capacity
shall be ground of termination at the sole discretion of the Company.
iv. Breached a fiduciary duty, were grossly negligent, or have committed willful misconduct
with respect to the Company in connection with the performance of your duties; or
v. Breached any terms and conditions of this letter or the Intranet/Employee Portal.
vi. Committed any act or omission which would entitle the Company to terminate your
employment forthwith under applicable law; or
vii. Been found guilty of any other act of misconduct.
viii. Your employment with the Company shall be terminated automatically if you are absent
from work without the Company's written consent for a continuous period of five working
days or if you exceed the number of leaves granted to you in a year without obtaining the
Company's prior written consent unless your absence is due to circumstances beyond
your control: Provided that the Company has the right to investigate your absence and
apply fair procedures to determine if the termination is to be made effective even if such
absence is due to circumstances beyond your control.
8.5. All property of, or relating to, the Company as shall have been in your possession, including
Company records and all documents containing Confidential Information or Proprietary
Information of the Company and any letter of authority or power of attorney issued to you,
shall be surrendered by you to someone duly authorized by the Company upon the
termination of your employment.
14. NON-COMPETE
14.1 You agree that so long as you are in the employment of the Company and for a period of
six months thereafter, you shall not, directly or indirectly, own, manage, operate, control,
enable (whether by license, sublicense, assignment or otherwise) engage or participate
in or be connected or interested, whether as principal, agent, investor, director,
shareholder, proprietor, partner, consultant or otherwise be interested in any corporation,
limited liability Company, partnership or other entity or person that, directly or indirectly
engages in any business that is in competition with the business of the Company.
14.2 The company may agree in writing with some specific employees, for restraint of
competing with the business of the company and/or its subsidiaries for specific period of
time after discontinuation of employment relationship by paying non-compete allowance
to such employees in the interest of the business of the Company.
19. JURISDICTION
Any dispute arising out of your employment will be governed by and construed in accordance
with the laws of India and the courts at Delhi shall have the jurisdiction to decide any disputes
that may arise hereunder.
20. SEVERABILITY
In case any one or more of the provisions contained in this letter shall for any reason be held
to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this letter, but this letter shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein and there shall be deemed substituted for such invalid, illegal or unenforceable
provision such other provision as will most nearly accomplish the intent of the parties to the
extent permitted by the applicable law.
21. Miscellaneous
21.1 This Letter of Appointment constitutes the entire agreement between the Company and
Employee and revokes and supersedes all previous agreements, whether written, oral or
implied, between the Parties, if any, concerning the matters covered herein. The terms
and condition of this Letter of Appointment shall not be changed or modified except by
written advance notice of 21 days by the company for any material amendments duly
agreed between the The Company and the Employee. Any minor revision which have
not any material change in terms and conditions or under the applicable labour codes,
shall not be treated as change in these terms and conditions. Any other matter not
provided for in this Letter of Appointment shall be governed by the applicable laws of
India.
21.2 The failure on part of any of the Party to enforce at any time or for any period of time any
provision hereof shall not be construed to be a waiver of any provision or of the right
therefore to enforce any or each and every provision of this Letter of Appointment.
21.3 The Employee shall keep the terms of this Letter of Appointment strictly confidential and
shall not disclose the contents hereof to any person, save and except as required by law.
21.4 The Company and the Employee acknowledge and agree that this Agreement accurately
describes the relationship that the Employee is willing to enter into with the Company.
The Company and the Employee further agree that this Letter of Appointment is fair and
reasonable.
Please maintain strict confidentiality of the terms and conditions of your employment. The
Company takes a very serious view of such disclosures and you will be liable for
disciplinary action in case of breach of this condition of service.
We take this opportunity to wish you a long and successful career with us.
Best Regards,
For [Link] (India) Private Limited
Ruchi Ahluwalia
Group Chief People Officer (CPO)
Kindly note that by accepting this letter of employment you hereby state your acceptance
of the above terms and conditions mentioned herein.
Signature
Name: Chemudugunta Alekhya
Date :9-Jan-2025
Compensation Break up w.e.f 13/01/2025
B – Retiral Benefits
Employers Contribution - PF * 1,800 21,600
Employers Contribution - ESI 0 0
Sub Total 1,800 21,600
C – Flexi Benefits(Fixed)
Flexi Benefit 0 0
Flexi Benefit-Total 0 0
Total Fixed 35,000 4,20,000
Compensation/CTC (A+B+C)
D - Variable
Target Variable 2,10,000
Compensation**
Business Incentive 0
On Target compensation 52,500 6,30,000
(A+B+C+D)
Your Overall Total Compensation is Six Lakh Thirty Thousand Rupees only, Fixed Four Lakh Twenty Thousand Rupees only and Business incentive Zero
Rupees only
** Target variable compensation would be based on actual performance and prevailing company policy. To be eligible the employee must complete
minimum of 6 months in the organization. You may be eligible for an incentive pay/performance-based variable pays ("Variable pay") subject to
organization, business, and/or individual performance or any incentive program/policies that may be in place. The frequency of this Variable pay may be
annual (end of each financial year), Bi-Annual, or Quarterly according to the business requirements/mutually pre-agreed terms and conditions. If you are
not covered under a business role-specific incentive plan, you will be covered under a 'Quarterly Variable Pay Plan' (Policy details are available on the
employee portal). Please note that it is mandatory that you should be on the rolls of the organization on the date of the pay out to receive the same. The
Company reserves its right to change your variable pay percentage at its sole discretion and the Employee shall not have any right whatsoever to have
any claim, either in law or equity, in respect of without any explicit reservation as to its voluntary nature.
** Flexi Benefit Plans are flexible. This list implies the maximum amount that can be taken from each component along with the total amount allocated to
each component under Flexi Benefit Plan. If you choose the 'Flexi Benefit Plan' as a taxable component, it will be taxed accordingly and paid to you in the
same month as Additional Special Allowance.
Ruchi Ahluwalia
Group Chief People Officer (CPO)
NON-DISCLOSURE AND NON-COMPETE AGREEMENT
This Non-Disclosure and Non-Compete Agreement ("Agreement") dated this 13/01/2025 , by
and between:
1. [Link] (India) Private Limited, a company registered under the Companies Act, 1956
with CIN: U72200TG2000PTC035617 and having its registered office at Wing B, 6th Floor,
Smartworks, Aurobindo Galaxy, Plot No 01, Sy. No 83/1, TSIIC, Raidurg, Hyderabad,
Telangana, 500082. (hereinafter referred to as "Company" which expression shall, unless it
be repugnant to the context or meaning thereof, be deemed to mean and include its
successors, assigns and Affiliates); and
2. Chemudugunta Alekhya, being son/daughter of Mr. Chemudugunta Suresh Babu , aged
about 23, bearing Permanent Account Number DVFPA5283J, residing at 29 5th floor sree
ram Nagar hongasandra, GB palya road besides sn creations, BANGALORE-560068,
Karnataka, INDIA (hereinafter referred to as "Employee").
Company and the Employee are herein individually referred to as the "Party" and collectively
as "Parties".
WHEREAS
A. The Employee has been employed by the Company and as part of performance of his/her
services, the Employee is privy to the Confidential Information (defined later) of [Link]
India Pvt Ltd(the Company) (defined later).
B. In consideration of the employment of the Employee with the Company, the Employee hereby
agrees to the terms set forth in this Agreement in respect of Confidential Information and in
respect of non-compete obligations.
IT IS AGREED
1. Definitions
"Affiliate" shall mean any person who directly or indirectly controls that Party or any person
who is under the control of that Party or any other person who is under the common control of
that Party and the term "control" shall mean the direct or indirect beneficial ownership of or
the right to vote, in respect of, directly or indirectly, more than 50% of the voting shares or
securities of a person and/or the power to control the management or majority of the
composition of the board of directors of a person and/or the power to create or direct the
management or policies of a person by contract or otherwise, or any or all of the above and in
case of a limited liability partnership, shall be deemed to apply to the beneficial ownership
interest of the partners of such limited liability partnership;
"Business" shall mean any business in which the Company and/or its Affiliates may be
engaged in from time to time independently or along with its strategic partners including but
not limited to the business of workforce management, operating asset management and tech
services.
"Confidential Information" includes information about the Company, its business, business
partners, sub-contractors, customers, business activities or its associate companies, investee
companies, Affiliate's business and/or activities of any nature or of any other person
(collectively referred to as "[Link] India Pvt Ltd(the Company)")(whether in writing,
electronic, visual or oral form) that is proprietary and confidential which shall include but not
be limited to information regarding plans for research, development, new products, strategic
plans, marketing and selling, business plans, due diligence reports, acquisition plans, budget,
payroll data, licenses, price and costs, prospective or current suppliers and customers,
financial, business, economic, technical, operational, commercial, employment, management,
planning and other information, data, material and expertise of whatever kind relating to
[Link] India Pvt Ltd(the Company) or each of the entities/person's directors, agents,
representatives, employees, officers or authorised advisors (hereinafter referred to as the "
Representatives") which is marked or designated as confidential or proprietary or which by
the nature of circumstances surrounding the disclosure, ought to be, reasonably and in good
faith, treated as confidential (regardless of whether it can be registered under copyright,
patent, trade mark or other intellectual property rights) and shall further include any
information provided to the Employee in relation to the services which may reasonably be
deemed to be proprietary in nature such as trade secrets, inventions, mask works, concepts,
ideas, processes, formulas, source and object codes, data, programs, other works of
authorship, know-how, discoveries, developments, software developed or in various stages of
development, tapes, compact discs, digital video discs, mark-up languages (HTML,XML), flow
charts, designs, drawings, specifications, charts, graphs, techniques and which is either
directly or indirectly disclosed to or acquired by the Employee from [Link] India Pvt Ltd
(the Company) or its authorised Representatives whether on, before or after the date of
countersigning this Agreement. It is clarified that the information may relate to [Link]
India Pvt Ltd(the Company), its Affiliates, associate companies, customers and/or any other
third parties, which the Employee becomes privy to pursuant to his/her employment with the
Company;
"Person" means any natural person, limited or unlimited liability company, corporation,
partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union,
association, government or other agency or political subdivision thereof or any other entity
that may be treated as a legal person under Applicable Law;
"Restricted Period" means:
i. a period of 2 (Two) years with respect to the restrictions mentioned under Clause 3.2(i),
3.2(ii), 3.2(iii), 3.2(iv), 3.2(v) and 3.2(vi); (b) a period of 3 (Three) years with respect to the
restrictions mentioned under Clause 4.1(i); and (c) a period of 5 (Five) years with respect
to the restrictions mentioned under Clause 4.1(ii) and 4.1(iii) commencing on the date
when the Employee ceases (pursuant to the termination of his/her employment with the
Company, resignation or retirement) to be employed by the Company in accordance with
the employment agreement, or otherwise; and
ii. an indefinite period with respect to the restrictions mentioned under Clause 2 commencing
from the date of employment of the Employee with the Company.
3. Non-Compete
3.1 During the term of employment of the Employee with the Company (including the notice
period):
i. The Employee shall not, directly or indirectly, undertake employment with, or provide
any consultancy or other services (whether with or without consideration) to, any
Person in India, other than the Company and its Affiliates;
ii. If the Employee desires to take up any non-executive directorship or invest in any
entity which is directly or indirectly not in competition with the Business, then the
Employee must seek written permission from the Company with an undertaking that
the Employee will abide by all the obligations and responsibilities as listed out in this
Agreement.
iii. In the event the Company or its Affiliates propose to enter into or acquire any
business, which could be directly or indirectly in competition with the business of an
entity in which the Employee acts as a non-executive director or investor (holding
more than 2% equity/preference capital) upon receipt of notification from the
Company, then the Employee shall undertake to resign from such entity forthwith and
take steps to disinvest in such entity, in order to protect the legitimate business
interests of the Company and/or its Affiliates.
iv. The Employee must provide the disclosures as per format given in Exhibit A
(herewith attached)
i. upon the execution of this Agreement;
ii. within 15 (Fifteen) days of any change to his/her directorships/shareholding (in
excess of 2% or more of equity/preference capital); and
iii. annually as on March 31st of the relevant financial year.
3.2 During the term of the employment of the Employee with the Company (including the
notice period) and during the applicable Restricted Period, the Employee shall not,
directly or indirectly, or on behalf of any third party:
i. undertake employment with, or provide any consultancy or other services (whether
with or without consideration) to, any Person, other than the Company and/or its
Affiliates, which is directly or indirectly in competition with the Business of the
Company or a strategic partner of the Company;
ii. make any investment into a competing Business in India, provided that the forgoing
limitation shall not limit the Employee from owning up to 2% (Two Percent) of the
outstanding equity securities of a Person whose shares are traded on any stock
exchanges in India;
iii. commence or engage in any business that competes with the Business in India;
iv. enter into any type of partnership/joint venture in India for the purpose of pursuing a
business venture that competes with the Business;
v. substantially takeover any company in India which is involved in the Business; and
vi. support any Person in India, either financially or in any other way, which is involved in
the Business.
5. General Covenants
5.1. In the event the Employee has breached any of his/her obligations under this Agreement,
or that the representations and warranties made by the Employee are false or incorrect,
then, notwithstanding anything contained herein, the remaining obligations of the
Employee shall continue and the Company shall not, subject to applicable law, be liable
to make any payment to the Employee whatsoever. Further, the Company shall be free
to pursue such remedies against the Employee as may be prescribed herein or
otherwise available to it under law.
5.2. The Company shall be entitled to claim damages including cost of litigation and legal
consultations from the Employee in the event of non-compliance of Clauses 2, 3 and 4 of
this Agreement.
7. Validity
7.1. In case any one or more of the provisions contained in the Agreement shall, for any
reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect the other provisions of this Agreement, and
this Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained herein. Any invalid or unenforceable provision of this
Agreement shall be replaced with a provision, which is valid and enforceable and most
nearly reflects the original intent of the unenforceable provision
7.2. The Employee hereby acknowledges and agrees that the terms and conditions under
this Agreement are reasonable and fair and will not unreasonably impose limitations on
the Employee. In addition, the Employee agrees and acknowledges that the potential
harm to Company of the non-enforcement of Clause 2, 3 and 4 outweighs any potential
harm to the Employee by this Agreement and the Company has given careful
consideration to the restraints imposed upon the Employee by this Agreement, and is in
full accord as to their necessity for the reasonable and proper protection of Confidential
Information of the Company now existing or to be developed in the future. The Employee
expressly acknowledges and agrees that each and every limitation imposed by this
Agreement is reasonable with respect to subject matter, time period and geographical
area.
8. Miscellaneous
8.1. The Employee agrees and acknowledges that monetary damages would not be an
adequate remedy for breach of the provisions contained herein and that the Company
and/or [Link] India Pvt Ltd(the Company) shall be entitled to equitable relief,
including injunctive relief, specific performance and other equitable relief's, in the event of
any threatened or actual breach of the provisions hereof and that no proof of special
damages shall be necessary for the enforcement of this Agreement. Such remedies shall
not be deemed to be exclusive remedies for a breach of this Agreement by the Employee,
but shall be in addition to and without prejudice to all other remedies available at law or
equity.
8.2. The terms of this Agreement shall be deemed to be incorporated in the employment
agreement entered into amongst the Employee and the Company and shall be read in
harmony and in addition to the terms relating to the subject matter of this Agreement in
the employment agreement and with the terms as set forth in the code of conduct policy
issued by the Company to the employees.
8.3. This Agreement is personal in nature and the Employee will not subcontract or otherwise
delegate the obligations under this Agreement without the prior written consent of the
Company. Neither this Agreement nor any right or interest hereunder will be assignable
by the Employee.
8.4. Except as may be otherwise provided herein all notices, requests, waivers and other
communications made pursuant to this Agreement shall be in writing and shall be
conclusively deemed to have been duly served:
i. In case of hand delivery, when hand delivered to the other Party;
ii. In case of registered post acknowledgement due, postage prepaid, upon receipt;
iii. In case of a national overnight delivery service, postage prepaid, addressed to the
Parties as set forth below with next- business-day delivery guaranteed, provided that
the sending Party receives a confirmation of delivery from the delivery service
provider; and
iv. In case of e-mail, upon receipt by the sender of the return receipt delivery notification.
All such notices, requests, waivers and other communications shall be served at such address
and/or e-mail address as may have been notified in writing by the Party for such purposes to the
other Party in accordance with this Clause 8.4 and shall be as follows (unless otherwise notified):
If to the Employee:
Address: 29 5th floor sree ram Nagar hongasandra, GB palya road besides sn creations,
BANGALORE-560068, Karnataka, INDIA
Email: chemuduguntaalekhya@[Link]
Telephone: 91-6305620527
If to the Company:
Address: Wing B, 6th Floor, Smartworks, Aurobindo Galaxy, Plot No 01, Sy. No 83/1, TSIIC,
Raidurg, Hyderabad, Telangana, 500082.
Email: [Link]@[Link]
Attention: Ruchi Ahluwalia
Telephone: 080 61056001
8.5. This Agreement shall be governed by and shall be construed in accordance with the laws of
India and the courts at Hyderabad shall have exclusive jurisdiction to settle any dispute that
may arise in relation to the interpretation and performance of this Agreement.
8.6. Any provision of this Agreement may be amended or waived if, and only if such amendment
or waiver is in writing and signed, in the case of an amendment by each of the Parties, or in
the case of a waiver, by the Party against whom the waiver is to be effective. No waiver by
any Party of any term or condition of this Agreement, in any one or more instances, shall be
deemed to be or construed as a waiver of the same or any other term or condition of this
Agreement on any future occasion. All remedies, either under this Agreement or by
applicable law or otherwise afforded, will be cumulative and not alternative.
8.7. All the expenses incurred with respect to the execution of this Agreement shall be borne by
the Company.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE ENTERED INTO THIS AGREEMENT
AS ON THE EFFECTIVE DATE :
SIGNED AND DELIVERED by the within named [Link] (India) Private Limited., by the
hand of Ms. Ruchi Ahluwalia, authorized signatory.
Ruchi Ahluwalia
Group Chief People Officer (CPO)
Witness 1:
Witness 2:
Witness 1:
Witness 2:
PREVENTION OF SEXUAL HARASSMENT (POSH)
Introduction
[Link] India Pvt Ltd(the Company)(formerly IKYA Human Capital Solutions Limited) (the
"Company") is an equal employment opportunity company and is committed to creating a healthy
working environment that enables employees to work without fear of prejudice, gender or racial
bias and sexual harassment. The Company believes that all employees of the Company have the
right to be treated with dignity. The Company does not tolerate any behaviour that is detrimental
to a healthy working environment.
Following the enactment of THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSEL) ACT, 2013 by the Government of India,
Ministry of Law and Justice on 9th December 2013, sexual harassment of employees occurring
in the workplace is an offence and is, therefore, punishable.
The Company will respond promptly to complaints of sexual harassment and where it is
determined that such inappropriate conduct has occurred, prompt and appropriate corrective
action by conducting an enquiry as is necessary, including disciplinary action, will be taken in
accordance with the relevant Service Rules and the Company Policy.
Scope
This Policy extends to all employees of [Link] India Pvt Ltd(the Company) and its
subsidiaries, as well as JVs, whether on probation or permanent, including those on deputation,
contract, part-time or working as Consultants, trainees, interns, unless explicitly stated otherwise.
The policy is also applicable to any vendor resource working in the company premises, including
extended work place.
Sexual harassment includes any unwelcome behaviour of a sexual nature that could be
reasonably expected to make someone feel offended, humiliated or intimidated.
This may include (but is not restricted to):
1. An unwelcome physical contact and advance
2. A request for sexual favours
3. Unwelcome comments about someone's sex life, physical appearance or clothes.
4. Leering and ogling
5. Sexually offensive comments, stories or jokes, obscene messages/MMS/pictures through
mail/SMS or WhatsApp.
6. Displaying sexually offensive photos, pinups or calendars, reading matter, objects or on
clothes
7. Sexual propositions or continued requests for dates
8. Physical contact such as touching or fondling, or unnecessary brushing up against someone
9. Indecent assault or rape (these are criminal offences).
Further, the following behaviour or acts shall also amount to Sexual Harassment Implied or
explicit promise of preferential treatment in her/his employment, or Implied or explicit threat of
detrimental treatment in her/his employment, or Implied or explicit threat about her/his present or
future employment status, or Interference with her/his work or creating an intimidating or
offensive or hostile work environment for her/him, or Humiliating treatment likely to affect her/his
health or safety
Procedure
Any employee, who feels he/she is being sexually harassed directly or indirectly, may give a
written complaint of the alleged incident to any member of the Committee (table below) within (3)
three months of the occurrence of the incident. This period may be increased by another (30)
thirty days by the IC if the reason for such a delay is bonafide/legitimate/genuine
Complaints may be made in writing and submitted to the members of the committee. An e-mail id
speakup@[Link] has been set up for this purpose. Alternatively, employees can also
reach out to the Regional SPOCs.
The IC will hold a meeting with the Complainant within (5) five days of the receipt of the written
complaint. At the first meeting, the Committee members shall hear the aggrieved party and
record her/his signed statements. The aggrieved party can also submit any corroborative material
with documentary proof, oral or written material, etc., to substantiate his/her complaint. In the
event that the aggrieved party cannot make the complaint/statement for reasons including death,
poor health, or medical rest then a relative may make the complaint/statement on the behalf of
the employee.
Thereafter, the person against whom the complaint is made shall be called for a deposition
before the Committee and an opportunity will be given to him/her to give an explanation and
his/her statement shall be recorded and signed. Thereafter IC shall within 10 (ten) days from the
date of completion of the enquiry, furnish a report documenting its findings and recommendations
to the employer. This report shall be shared with both the concerned parties. The IC shall ensure
that the enquiry concludes within 90days from the date of filing or as modified by law thereafter.
In the event the allegations are proven then the IC recommendations to the employer shall
include (but not be limited to):
Action for sexual harassment as misconduct as defined in the relevant service rules, if not then
Section 509 IPC shall be applicable.
Workplace Policy:
a. Drug and Alcohol Policy: To ensure a safe and healthy workplace this policy is applicable
to all employees of the Company. Any employee found to be under the effect of Alcohol or
drugs will be liable for disciplinary action against him including instantaneous dismissal.
b. Anti-Smoking Policy: Smoking is strictly prohibited in all offices of [Link] India Pvt
Ltd(the Company) and its subsidiaries. This policy must be communicated to all vendors and
clients when they visit offices.
c. Identity Card/Access Card Policy: Identity Cards and Access Cards are exclusive to an
employee and are non-transferrable.
d. Misconduct: The following are considered acts of misconduct and will invite disciplinary
action
• Willful insubordination or instigation
• Theft, fraud, misappropriation or other dishonest acts. Willful damage to or loss of
employer's goods or property, taking or giving bribes or any illegal gratification
• Habitual absence without leave or absence without leave for 10 days
• Habitual late attendance
• Habitual breach of any law, applicable to any establishment
• Riotous or disorderly behavior during working hours at the establishment or any
subversive act, habitual negligence towards work
• Striking work or inciting others to strike work in contravention of the provision of any law,
or rule having the force of law
• Drunken or riotous behavior at work
• A record of habitual absence from work. Any act of moral turpitude.
• Use/possession of drugs
• Consumption of alcohol
e. Nepotism: To ensure effective supervision, internal discipline, security, safety, and positive
morale in the workplace and to avoid any situation of nepotism, all employees are required to
abide by this policy.
The employment of a family member is not allowed in the following situations:
• The employee is involved in the hiring decision concerning the family member
• The employee is in a supervisory, subordinate or control relationship with a family
member
• Where the employment of a family member creates any actual, perceived or potential
conflict of interest. The company will make all reasonable effort to mitigate any such
potential conflict of interest by transferring one or the other of the related employees to
another position.
f. Falsification of Records: Falsification of records with the intent to cheat, trick, steal,
deceive, or lie - is both dishonest and, in most cases, criminal. Intentional acts of fraud are
subject to strict disciplinary action, including dismissal and possible civil and/or criminal
action against the concerned Employee.
Self
+Spouse+2
L1,
7,00,000 7,00,000 40,00,000 kids+ 5000 5500
M2,
M1 2 Parents /
Twice the In-laws
fixed CTC per Self
annum +Spouse+2
L2
3,50,000 1,75,000 30,00,000 3000 3500
and / min of 10 Lacs kids+
2 Parents /
L3
In-laws
Self
+Spouse+2
L4 & L5 3,00,000 1,50,000 25,00,000 kids+ 2000 3000
2 Parents /
In-laws
Self
+Spouse+2
L6 to L8 2,50,000 1,25,000 20,00,000 kids+ 800 2200
2 Parents /
In-laws
Only self is
Temp 1,00,000 NA 10,00,000 0 0
covered
Only self is
NAPS 1,00,000 NA 10,00,000 0 0
covered
Gratuity 4.81% of Basic- as per Payment of To be paid on completion of 4 years and 190
Gratuity Act days continuous service
**All other terms and conditions of your employment are mentioned in the offer letter.