Terms of Employment
Terms of Employment
Your employment with the Company will be subject to your acceptance of this Offer cum Appointment
Letter and the terms and conditions set forth hereinbelow. If you wish to accept employment with the
Company, please convey your acceptance in the manner provided for by the Company. The offer of
employment contained in this Offer cum Appointment Letter will expire if you have not accepted the
same on or before 10 business days.
Upon your acceptance of the offer herein, this Offer cum Appointment Letter shall form the
employment contract that is a valid and binding agreement of employment between Amazon India
and you, and you shall be bound by the terms and conditions stipulated herein below.
1. Date of Commencement
You shall be on probation for a period of 3 months (“Probation Period”) from the date of
joining. Your performance will be reviewed and evaluated at regular intervals during the
Probation Period. Depending on the outcome of such evaluation/s, the Company may, at its
sole discretion, either (a) if your performance is found satisfactory, confirm your appointment;
or (b) if your performance is found to be unsatisfactory, extend, in writing, the Probation
Period by a
further period of 3 more months or terminate your employment with Amazon India with
immediate effect and without any advance or prior notice, and with no further liabilities to
Amazon India, except for payment of remuneration up to the date of termination of
employment.
2. Duties
2.1 You will be employed in the position of CRM Role. Your manager will advise you about
your job responsibilities after your joining with us. You will be expected to do your job to
the best of your ability at all times as per the job responsibilities advised by your manager
at the time of joining or as amended from time to time, as well as such other tasks as may
be required by Amazon India.
2.2 You will be required to comply with Amazon India’s rules, regulations and policies from
time to time in force, including, without limitation, those policies set out in Amazon
India’s Policies and Procedures, as communicated to you. Amazon India reserves the right
to change Amazon India’s Policies and Procedures from time to time at its sole discretion
and you shall be bound by the same.
2.3 You acknowledge that during the course of your employment, as the business of Amazon
India changes, it may be necessary to rotate you in other departments / units. Amazon
India therefore reserves the right to change your role and responsibilities from time to
time at its sole discretion and without assigning any reason, it being understood that you
will not be assigned responsibilities which you cannot reasonably perform.
2.4 Unless specified in writing, you shall not be authorised to enter into any contractual
obligations on behalf of Amazon India or its affiliates including creating a lien (statutory or
other), security interest, mortgage, pledge, assignment, encumbrance, chattel or
conditional sale or other title retention agreement or any other financial obligations or
otherwise on behalf of Amazon India or its affiliates.
The normal business hours of the office, at which you work, will apply to you and these
will be advised on commencement of employment and when there is a change. You
may be required to work in shifts for different work hours or workdays during the week
depending on the business or team that you may be working for. You will be advised by
your manager or department about such requirements at the time of joining and from
time to time during the course of your employment, as appropriate. Certain business
teams also operate on 24x7 basis and hence, may have rotational shifts or related
requirements for their respective team members. Please refer to Amazon India’s
Policies and Procedures for further details.
4. Place of Work
Your initial place of work will be at Amazon India’s facility in Hyderabad. However, you should be aware
that the Company and/or its affiliates have offices throughout the world and because of the nature of
your duties, the Company has the right to transfer you from one place to another or from one section to
another or from one unit to any other unit of the Company, its parent company or to any of its sister
concerns, which are either existing or may be set up in future. The decision of the Company in this
regard shall be final and binding on you. As you are joining during the period of the Covid-19 Pandemic,
you may be permitted to work from a location of your choice in India with the prior approval of your
manager under the condition that you are willing to get back to the location mentioned above as and
when required by Amazon.
5. Remuneration
5.1 Your Annual Base Pay will be Rs.8,00,000 per annum made payable in arrears in
accordance with Amazon India’s standard payroll practice and subject to all lawful
deductions of income tax, provident fund contribution (if any), insurances or otherwise.
Your Base Pay is inclusive of both the employer`s and the employee`s provident fund
contributions. Your Base Pay will be reviewed in accordance with internal performance
review systems, details of which are set out in Amazon India’s Policies and Procedures.
5.2 Amazon India has the right to deduct from your pay/salary any sums which you may owe
Amazon India, including without limitation, any over-payments or loans made to you by
Amazon India or any demand raised by any judicial or quasi-judicial authority for your
acts or omissions and / or losses suffered by Amazon India as a result of your negligence
or breach of the terms contained in this Offer cum Appointment Letter/Amazon India’s
Policies, or your failure to return Amazon India’s property.
3
Amazon India will contribute to Employees' Provident Fund (EPF) as and when required by the
Employees' Provident Funds and Miscellaneous Provision Act, 1952 read with the Employees'
Provident Funds Scheme, 1952, and as further described in Amazon India’s Policies and
Procedures.
The Employees’ Provident Fund Organization ('EPFO'), the statutory body established under
Employees' Provident Funds and Miscellaneous Provisions Act, 1952, requires linking of the
employee's Aadhaar details with their respective Universal Account Number ('UAN'). For this
purpose and to enable Amazon India to make the EPF contributions, Amazon India will collect a
copy of your e-aadhar, which needs to be uploaded by you on Amazon HRS tool prior to
commencement of your employment with Amazon India. Foreign Nationals / Overseas Citizens
of India shall be required to provide a copy of the first and last page of their valid passport for
this purpose.
You acknowledge and provide your consent to Amazon India to use your aadhaar/e-aadhaar or
passport (as the case may be) during the tenure of your employment with Amazon India for
the purpose of any other requirement under a Government scheme or benefit that may
mandate production of such documents as per the applicable law(s) and/or for Amazon India's
compliance with its obligations under applicable law(s).
7. Leave
Amazon India will grant you leave as provided in Amazon India’s Policies and Procedures. All
leave scheduling and organisation will be arranged to ensure smooth business operation; your
manager’s approval is required prior to your scheduling or changing any leave.
8.1 “Confidential Information” means and includes any information that relates to the
business of the Company that is not generally available to the public. Without limiting
the foregoing, Confidential Information includes:
(1) the identity of, contractual terms with, and any information relating to, the
Company's business partners, customers, services clients, sellers, agents,
employees, contractors, investors, joint ventures, vendors, or suppliers and the
terms on which the Company does business with each such entity, or generally;
(2) computer code (including source code and object code) or software developed,
modified, or used by the Company;
4
(5) the fact that the Company uses, has used, or has evaluated for potential use
any particular database, source of data, algorithm, procedure or technique, or
the essential ideas and principles underlying such algorithm, procedure or
technique, developed or supplied by a party other than the Company (including
any algorithms, procedures or techniques in the public domain), whether or
not such algorithms, procedures or techniques are embodied in a computer
program;
(7) information about the Company's future plans, including, but not limited to,
plans for expanding into new products, geographical areas, market segments,
or services;
(8) any information that would typically be included in the Company's financial
statements, including, but not limited to, the amount of the Company's assets,
liabilities, net worth, revenues, expenses, or net income;
(b) any and all pricing or marketing strategies, the essential ideas and
principles on which such strategies are based, and any information
that might reasonably be expected to lead to the development of such
strategies, conceived, originated, adapted, discovered, developed,
acquired by the Company (from a third party or otherwise), evaluated,
tested, or applied by you during the course of your employment with
the Company;
(c) information relating to any and all products and services, and the
essential ideas and principles underlying any and all products and
services, conceived, originated, adapted, discovered, developed,
acquired by the Company (from a third party or otherwise), evaluated,
tested, or applied by you during the course of your employment with
the Company, whether or not such products or services are marketed,
sold, or provided by the Company; and
(10) any other information gained in the course of your employment with the
Company that could reasonably be expected to prove deleterious to the
Company if disclosed to third parties, including without limitation, any
information that could reasonably be expected to aid a competitor or potential
competitor of the Company in competing more effectively with the Company;
(11) any information received by the Company from third parties, whether or not
under obligation of confidentiality;
(12) any information derived from any of the above, including any intellectual
property rights attached thereto; and
(1) You acknowledge that you have acquired and/or will acquire Confidential
Information during the course of, or incident to, your employment with the
Company, and that the ability of the Company to continue in business could be
seriously jeopardized if such Confidential Information were to be used by you
or by other persons or firms to compete with the Company. Accordingly, you
agree that you shall not, directly or indirectly, at any time, during the term of
your employment with the Company or at any time thereafter, and without
regard to when or for what reason, if any, such employment shall terminate,
use or cause to be used any Confidential Information in connection with any
activity or business except the business of the Company, and shall not disclose
or cause to be disclosed any Confidential Information to any individual,
partnership, corporation, or other entity unless such disclosure has been
specifically authorized in writing by the Company, or except as may be required
by any applicable law or by order of a court of competent jurisdiction, or any
regulatory or governmental body. Further, you agree that you will give the
Company prompt notice of any such order/direction of a court/ regulatory or
governmental body so that the Company may seek relief by way of a protective
order or other appropriate remedy, and further will provide any assistance
which the Company may reasonably require in order to secure such order or
such remedy (with your expenses reasonably incurred in providing such
assistance to be reimbursed by the Company). In the event such protective
order or other remedy is not obtained, you shall furnish only that portion of
the Confidential Information which is legally required by the governmental
entity or regulatory authority; and will use reasonable efforts to obtain
confidential treatment for any Confidential Information so disclosed.
(2) During the course of your employment with the Company and at the date of
termination thereof (hereinafter the “Date of Termination”), you shall
promptly disclose and deliver over to the Company, without additional
compensation, in writing, or in such form and manner as the Company may
reasonably require, the Disclosure Information defined in Section 9.1(9)
hereinabove, to the extent that such disclosure could reasonably be expected
to be of interest to the Company.
(3) Nothing in this Offer cum Appointment Letter shall be deemed to dilute or
waive any rights related to the protection of trade secrets that the Company
may have under common law or any applicable statutes.
9.1 All patents, copyrights, trade secrets, trade/commercial names, proprietary rights, logos,
slogans and all other intellectual property rights developed by or for the Company by any
person, including but not limited to intellectual property rights relating to any and/or all
of the Confidential Information, (“Intellectual Property Rights”) shall be owned by the
Company. For good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, you hereby agree to irrevocably, perpetually and unconditionally
sell, assign, transfer and convey to the Company and its successors your entire right, title
and interest in the Confidential Information and/or Intellectual Property Rights and any
improvements thereto throughout the world, including, without limitation:
(1) all patents, copyrights, trade secrets, trade/commercial names, logos, other
proprietary rights and all other intellectual property rights in the Confidential
Information and all rights to secure registrations, renewals and extensions of
the same;
(2) all rights to make, have made, use, practice, import, export and otherwise fully
exploit the Confidential Information and any and all improvements that the
Employee or Company may hereafter make or develop;
(3) all rights to file and prosecute applications for patent, copyright and all other
intellectual property protection covering the Confidential Information and
improvements thereon, and the processes and designs embodied therein, in
India, the United States and in every other country and jurisdiction throughout
the world;
(4) all rights under any patent, copyright and all other intellectual property which
may be issued on the Confidential Information or the improvements thereon,
and any processes and designs therein, and all rights to enjoy the same; and
9.2 During the period of your employment with the Company and as may be reasonably
necessary subsequent to your employment, you agree to cooperate with the Company as
may be necessary to obtain patent, copyright and all other intellectual property
protection for the Intellectual Property Rights and improvements thereto throughout the
world and
9
9.3 For the purposes of the assignment, transfer or conveyance referred to hereinabove, you
acknowledge and covenant that your employment with the Company and the benefits
received thereunder shall be treated as good and valuable consideration and that you are
not entitled to any further consideration in any form or manner whatsoever in relation
thereto.
9.4 Notwithstanding any other provision hereof to the contrary, this Offer cum Appointment
Letter does not obligate you to assign or offer to assign to the Company any of your rights
in an invention for which no equipment, supplies, facilities, Intellectual Property Rights,
Confidential Information or trade secret information of the Company was used and which
was developed entirely on your own time, unless (a) the invention relates (i) directly to
the business of the Company, or (ii) to the Company's actual or demonstrably anticipated
research or development, or (b) the invention results from or is related to, any work
performed by you for the Company.
You agree that all rights, title and interest in the Intellectual Property Rights and Confidential
Information shall be owned exclusively by the Company. Nothing herein contained shall
be construed as a grant by implication, estoppel or otherwise, of a license of any kind by
either you to the Company, or by the Company to you, for example, to make, have
made, use or sell any product using the Intellectual Property Rights, Confidential
Information, or as a license under any patent, patent application, utility model,
copyright, mask work right, or any other intellectual property right.
10. Non-Solicitation
10.1 During your employment with the Company and for a period of 12 months from the date
of termination thereof, you shall not solicit or cause or authorize, directly or indirectly, to
be solicited for any competitive business, for or on behalf of any person or customer, or
otherwise take any action that might divert the business or patronage of any customer
10
10.2 During your employment with the Company and for a period of 12 months thereafter, you
shall not solicit or attempt to influence any person employed or engaged by the Company
(whether as an employee, consultant, advisor or in any other manner) to terminate or
otherwise cease such employment or engagement with the Company or become the
employee of, or directly or indirectly offer services in any form or manner to, yourself or
any person or entity which is a competitor of the Company.
11.1 You authorise Amazon India to collect, process and transfer all personal employee-related
information obtained by Amazon India for the purpose of proactively managing the
employment relationship.
11.2 You further authorise the transfer to, and storage of, your personal information in the
worldwide employee database currently located in Seattle, Washington, U.S.A. (or such
other location as Amazon India determines from time to time). Human Resources and
selected management throughout the Amazon group worldwide will be authorised to
access this database.
During your employment, you will be required to devote your full time, attention and abilities to your
job duties during working hours, and to act in the best interests of Amazon India at all times.
You shall not, without the written consent of Amazon India, be in any way directly or indirectly
engaged or concerned in any other business or undertaking .
13.1 With effect from 08/15/2022, this agreement will be terminable by either party by giving
a prior written notice of a tenure (exclusive of any leaves availed during that period) as
provided below based on the employee’s job level at the time of exit:
a) Employees at job levels L6 or higher will be required to provide a 2 (two) months’
prior written notice. Amazon India may terminate the employment of such
employees by providing 2 (two) months’ prior written notice or payment in lieu
thereof;
11
13.2 Amazon India reserves the right to terminate your employment forthwith “for cause”
without advance notice and without payment of severance, in the event you:
(i) have been found guilty of any misconduct or indiscipline after due enquiry by
Amazon India;
(ii) have violated or are in breach of any of the terms of this Offer cum
Appointment Letter or Amazon India’s Policies and Procedures;
(iii) have been grossly negligent, or have neglected your duties, or have
underperformed your duties, or have performed your duties in a manner
unacceptable to Amazon India;
(iv) have suppressed any information or submitted false information with the view
to obtain employment in Amazon India;
(v) are convicted for any offence under any law for the time being in force in any
jurisdiction;
(vi) commit any act detrimental to the interest of Amazon India;
(vii) abstain from work for seven consecutive days without informing Amazon India;
13.3 On the termination of your employment for any reason whatsoever, you will return to
Amazon India, without delay, all assets belonging to Amazon India, correspondence,
records, specifications, models, notes, formulations, lists, papers, reports and other
documents and all copies thereof and other property belonging to Amazon India or
relating to its business affairs or dealing, including any Confidential Information and
Intellectual Property Rights, which are in your possession or under your control. At
Amazon India’s option, you agree to provide a written certification of your compliance
with this Section. Further, you agree to sign a termination certificate in accordance with
Amazon India’s Policies and Procedures, which will reaffirm your compliance of your post-
termination obligations, including return of Amazon India’s property/properties and
releasing Amazon India from all claims, liabilities and obligations. Where Amazon has
made any excess payment to you as part of your relieving formalities, whether or not
12
13
14. Gratuity
Gratuity will be paid as and when required by the Payment of Gratuity Act, 1972 and as further
described in Amazon India’s Policies and Procedures.
You will be eligible to receive employee benefits as may be provided by Amazon India in Amazon
India’s Policies and Procedures. These are subject to change with or without prior notice for
both existing and prospective employees. Revised policy will supersede any previous policy
which would have been applicable and would have been communicated as part of offer letter.
16.1 It is Amazon India’s policy to investigate all its new hires. Your employment is conditional
upon the information contained in your application form and/or curriculum vitae being
true and accurate, including (but not limited to) your educational and professional
qualifications, the documents furnished by you being genuine, and upon reference checks
to be conducted by Amazon India being successfully completed.
16.2 You authorise Amazon India to conduct such searches with government or enforcement
authorities as are necessary to enable it to verify that you do not hold any criminal
convictions.
16.3 In case you are waiting for the results of your examinations and you are hired prior to the
same, your continued employment with Amazon India will be subject to passing the said
examination and completing the course, failing which Amazon India reserves the right to
take action including termination of your employment without notice.
17.1 In case you are not an Indian national and, under any law, are required to obtain
applicable visa / work permit / authorisation or permission from appropriate government
authorities to work in India, you are required to ensure all such permissions are obtained
before commencement of employment with Amazon India.
14
17.3 It is made clear that possessing valid work permit / authorisation at all times of your
employment is an inherent requirement of your employment with Amazon India. Any
time after the execution of this Offer cum Appointment Letter, if it is found that you do
not have required work permit / visa, Amazon India shall terminate your employment,
without notice, with immediate effect, without any liability towards you.
18.1 the information furnished by you for the purpose of your employment with the Company
is true and correct to the best of your information, knowledge and belief;
18.2 you shall not, during the course of your employment with the Company, use or disclose
any document/s that in any way constitutes confidential, proprietary for trade secret
information of a third party (including a former employer), except pursuant to written
authorization by such third party to do so;
18.3 you are not in unauthorized possession or control of any document/s that in any way
constitutes confidential, proprietary of trade secret information of a third party (including
a former employer);
18.4 during the course of your employment with the Company, you will not violate any
non- solicitation or similar agreements or obligations that you have with any third
party; and
18.5 there are no other agreements executed by you with third parties that conflict with the
terms and conditions of your employment with Amazon India or that restrict your ability
to execute this Offer cum Appointment Letter;
18.6 You recognize that the restrictions set forth in this Offer cum Appointment Letter may
limit your future flexibility in many ways. You expressly acknowledge that (i) the
limitations specified herein are fair and reasonable in view of the nature of the business
15
16
19.1 You confirm that there are no other agreements executed by you with third parties that
conflict with the terms and conditions of your employment with Amazon India or that
restrict your ability to execute this Offer cum Appointment Letter
19.2 You hereby represent and warrant that the information furnished by you for the purpose
of your employment with the Company is true and correct to the best of your
information, knowledge and belief.
20. Notices
All notices issued by you to the Company or by the Company to you shall be sent either by registered
post, courier through a recognised courier service provider or by email transmission which
shall be deemed to have been received the next working day provided the notice is also sent
by registered post the next working day after email transmission.
21. Waiver
Failure of the Company to insist upon strict adherence of any term of this Offer cum Appointment
Letter on any occasion/s shall not be considered a waiver thereof or deprive the Company of
the right thereafter to insist upon strict adherence to that term or any other term of this Offer
cum Appointment Letter.
22. Severability
The holding of any provision of this Offer cum Appointment Letter to be illegal, invalid, or
unenforceable by a court of competent jurisdiction shall not affect any other provision hereof,
which shall remain in full force and effect.
23. Assignment
17
The relationship between the Company and you hereunder shall be solely that of an employer and
employee and and no modification of responsibility or compensation made hereinafter shall be
construed so as to constitute the relationship of partners or joint ventures or so as to as to
construe you as an independent contractor of the Company.
You acknowledge and accept that your breach of any of the terms contained in this Offer cum
Appointment Letter or in Amazon India’s Policies and Procedures, may cause the Company
irreparable harm for which there is no adequate remedy at law, and therefore, the Company
shall be entitled to the issuance by a court of competent jurisdiction of an order of injunction,
restraining order, or other equitable relief in favor of itself, without the necessity of posting a
bond, restraining you from committing or continuing to commit any such violation. Exercise or
waiver by the Company of its rights to obtain an injunction, restraining order, or other
equitable relief hereunder shall not be deemed a waiver of any right to assert any other
remedy the Company may have at law or in equity. In any legal action or other proceeding by
the Company against you in connection with this Offer cum Appointment Letter (e.g., for
recovery of damages or other relief), the Company will be entitled to recover its reasonable
attorneys' fees and other costs incurred.
You hereby grant consent to the Company to notify any of your new employer/s about your rights and
obligations under this Offer cum Appointment Letter.
18
Your employment, and any disputes which may arise under, out of, or in connection with your
employment, shall be governed by and construed in accordance with the laws of India; and the
Courts having territorial jurisdiction over the registered office of the Company shall alone have
exclusive jurisdiction to try and entertain such disputes to the exclusion of any other Courts
situated elsewhere.
28. Agreement/Modifications
The terms described in this Offer cum Appointment Letter and Amazon India’s Policies and
Procedures will cumulatively constitute the terms of your employment, and shall supersede
any previous discussions, offers or agreements relating to your employment, or to the subject
matter hereof. Any additions to, deletions of, or modifications of these terms are valid and
effective only if the same are carried out in writing and signed by you and an officer of Amazon
India.
29. Headings
The Section headings appearing in this Offer cum Appointment Letter are used for convenience
of reference only and shall not be considered a part of this Offer cum Appointment Letter or in
any way modify, amend or affect the meaning of any of its provisions.
30. Survival
Your obligations under Sections 9, 10, 12, 14, 22, 23, 24, 26, 27, 28 and this Section 31 hereof
shall survive the termination of this Offer Cum Appointment Letter and of your employment
with the Company.
19
AUTHORIZATION
By
ACCEPTANCE
I acknowledge receipt of this Offer cum Appointment Letter and, after reading and understanding the
same, I accept Amazon India’s offer of employment on the terms set out in this Offer cum
Appointment Letter.
We want to clarify that Amazon's offer letters are hosted on Employee Document
portal and not sent as email attachments or through any other communication
channel. If you have received an offer letter as an attachment, we recommend you to
utilize the QR code provided here to access Employee Document portal and verify
authenticity. This step ensures the genuineness of your offer and helps protect you
from potential fraud.
20