Employment Agreement

EMPLOYMENT AGREEMENT

This Employment Agreement ("Agreement") is made effective {date}.

BETWEEN:

{Employee name}, S/O, D/O, W/O {Name} whose permanent address is {address} and temporary address is {address}

AND

webdew Pvt.Ltd., a Company incorporated under the Indian Companies Act, 1956, having its registered office at Plot No. C-205, Phase 8-B, SAS Nagar (Punjab) - 160055, India (hereinafter referred to as "Employer" or "Company"), duly authorized by the Board of Directors of the company to enter and execute this Employment Agreement:

The employee and employer are jointly termed as "Parties" hereinafter in the present agreement.

Work Description

The Company is indulged in various services related to the IT Sector, having its registered office at Plot No. C-205, Phase 8-B, SAS Nagar (Punjab) - 160055, India. The Company reserves its right to expand its work in other fields from time to time.
The employee has expressed his/her readiness and willingness to work for the Employer, and the Employer has agreed to employ the Employee, on the following terms, covenants, and conditions provided below:-

The Employees Agreed as Follows:

Employment Designation of Employee

The Employer recruits the employee as {Designation} to work for and on behalf of the Company, further agrees to accept and adhere to the oral, written, expressed and implied instructions, directions and orders/guidelines issued by the Employer or his authorized person on his behalf.

Salary/Emoluments and Statutory Dues
1. The Employee will be entitled to annual CTC (Cost to Company) of INR XX/- (Rupees XX Only) per month for the next twelve months. This is equivalent to a package of XX/- (Rupees XX Only) for the next 12 months from the date of joining.
2. The employee will be eligible for appraisals/incentives/deductions as per company policies which can be revised from time to time with a notice of one month.
3. The CTC includes 3% as internet connection expense. In case an employee ends up with no broadband connection, 3% of the CTC will be deducted for that particular month. The CTC also includes fixed performance based incentives.
4. It is further clarified that the amount of salary is subject to appropriate deductions as per applicable government laws amended from time to time during the course of his/her employment.
5. If the employee has incurred any expenditure on behalf of the company then the expense can be claimed on submission of the original bills to the Human Resource department. The claim will be processed only if the expense was incurred with prior approval of the Reporting Manager or the Human Resource department. After the approval of the claim, the claim amount will be credited with the salary of the following month.
Scope of Work
1. That the employee has agreed to perform the roles and responsibilities as settled between the Employee and Employer, but not limited to anything mentioned in the Job Description alone.
2. The employee agrees to perform all kinds of work assigned to him/her by the Company. The employee shall not cause any act prejudicial to the business of the company or to ruin the goodwill and reputation of the company.
3. Every employee must have a smartphone as it is highly important to stay active on emails, chat, etc to maintain proper communication for mutual growth.
Working Hours and Holidays
1. The working hours are 3:30 PM to 1:00 AM from Monday to Friday. 1st, 2nd, 3rd and 4th Saturdays are considered as Provisional Off’s and may be working based on the operational requirements. In case a month has 5 Saturdays, the fifth is a working day. The shift timing is subject to the company's operational flow.
2. The employee will be entitled to a meal/lunch break/interval of one continuous hour from 8:30 PM to 9:30 PM. Interruptions will normally not be permitted, however operational circumstances may justify an interruption whereupon equivalent time off will be given.
3. Every employee must log at least 8 hours 30 minutes, excluding lunch break, on Time Doctor/ClickUp (Online software/application) per day. The employee may extend the day if the assigned tasks for the day are not completed. A duration less than 8 hours 30 minutes will not be considered as a full working day and attendance will be marked accordingly.
4. The employee herein allows the company to have access to the screenshots and webcam shots taken through the Time Doctor during the course of time when the employee has logged time to the company.
5. The employee must show strong availability on calls, chat and emails to fulfill all his/her professional commitments.
6. Every employee would be eligible for 10 Gazetted holidays per year, January to December. The 8 gazetted holidays will include 5 fixed Indian holidays and the 3 National festivals. The employee can select the other 2 gazetted holidays as per his/her choice of festivals out of the list of gazetted holidays as shared by the employer at the beginning of the year. Full-time employees will be paid for these holidays as long as the employee was present for work on the work days immediately before and after that holiday.
Leave
1. All leaves except those taken on medical grounds and/or in emergency will have to be approved by the Reporting manager and Human Resource department at least 7 (seven) days prior to seeking the same.
  1. There are a total of 24 leaves per year, two per month, in which 12 are paid and 12 are unpaid, which can be consumed for any purpose like health issues or emergencies. Additionally, 10 extra leaves are granted, comprising 8 fixed holidays, 1 birthday off, and 1 chosen from a company-provided list at the year's beginning.
  2. Paid leaves are effective only if a person undergoes 45 or more working days.
  3. The Employee will not be eligible for any leaves granted under the present Clause, during the first 45 days of joining the company and 45 days of the notice period.
  4. One is either eligible for a half-day or full-day leave after the prior approval of both the Reporting Manager and the Human Resource department.
  5. In case of medical leave, the employee shall produce the original medical certificate/record along with the laboratory report of a Registered Medical Practitioner.
  6. It is further agreed that in case, an employee is found for excessive absenteeism or intolerable emergency leaves leading to loss of work/business of the company, then the company is entitled to deduct the double salary of his/her average daily wage basis for the period of such leave.
  7. Leaves taken by employees will be subjected to sandwich and clubbing policies.
2. The female employees can avail Maternity Leave with due approval by the Reporting manager and the Human Resource department at least 12 (twelve) weeks prior to seeking the same.
  1. The maternity leave can be availed only by permanent, full-time female employees.
  2. After completion of 160 working days in one year with the employer in the capacity of a permanent employee, the employee is entitled to 26 weeks of maternity leave.
  3. The employee can apply to the Human Resource department, for work from home for a maximum period of 3 months. This can be availed before or after the maternity leave. The approval is subject to the conditions prevalent at the time of application.
  4. The employee availing maternity leave must commit beforehand that she will continue to serve the company for at least 12 months, after joining work post the maternity leave. If the employee fails to do so then she will reimburse the salary paid during the leave period.
  5. The employee will be eligible for Performance Appraisal once the person has completed 350 working days excluding the maternity period. In the case where the employee has accepted the performance appraisal, she cannot avail maternity leave within the first three months of receiving the revised salary as per the performance appraisal.
3. The male employees can avail Paternity Leave with due approval by the Reporting manager and the Human Resource department at least 4 (four) weeks prior to seeking the same.
  1. The paternity leave can be availed only by permanent, full-time male employees.
  2. After completion of 160 working days in one year with the employer in the capacity of a permanent employee, the employee is entitled to 15 days of paternity leave.
  3. The employee availing paternity leave must commit beforehand that he will continue to serve the company for at least 6 months, after joining work post the paternity leave. If the employee fails to do so then he will reimburse the salary paid during the leave period.
  4. The employee will be eligible for Performance Appraisal once the person has completed 350 working days excluding the paternity period. In the case where the employee has accepted the performance appraisal, he cannot avail maternity leave within the first three months of receiving the revised salary as per the performance appraisal.
Performance Appraisal
1. The employer conducts performance appraisals after a gap of 12 months since the date of joining or last performance appraisal to determine the contribution of employees to the company's growth. The period of 12 months is defined as 350 paid working days in the period of 12 months. The employee would receive the benefit of the same from time to time. The decision of the HR Department shall be binding on the employee.
2. The employee shall be deemed to work under the same arrangement and upon agreed terms and conditions within the gap period arising between his/her upcoming performance appraisal and cessation service bond period.
3. In unforeseen circumstances, the company reserves the right to alter or postpone the period of performance appraisal.
Code of Conduct
1. That the employee agrees to adhere to and comply with the code of conduct amended by the company with or without prior information to the employee.
2. That the employee undertakes to abide and implement the policies/rules/regulations/initiatives as shared/issued from time to time in the employee portal of the company’s website by the employer or the designated person on the employer's behalf. No separate/individual communication written or oral will be deemed required for the acceptance of the employee.
3. The employee undertakes that in case of any breach of any condition of the code of conduct, the employee will be subject to penalty as decided by the Human Resource department.
Probation
1. The Employee shall be on probation for a period of three months from the date of Employment. The aforementioned probation period, at the discretion of the Company, can be extended depending upon the employee's performance in the interest of the parties.
2. That during the first fifteen working days of probation, the Employee's performance would be monitored by the Employer or any person authorized on his/her behalf and if the Employer is not satisfied with the Employee's act, conduct, efficiency or work performance, his/her services can be terminated with notice of a maximum of 2 days and with or without assigning any reason thereof. In case the employee leaves voluntarily or involuntarily within the initial 15 working days of his employment then he shall not be entitled to any salary/remuneration. The employee undertakes not to take any legal/illegal recourse for salary/remuneration of the initial 15 working days.
3. The employee is also at liberty to leave the job within the first fifteen days of his joining, if he fails to adjust with the Company's work environment or due to any other personal reasons after informing the Employer or his authorized person on his behalf in written form with at least a notice of 2 days.
4. Upon successful completion of the aforesaid probation period or extension, the Employee shall be awarded as a permanent employee status of the Company, once he/she receives an email from the Human Resource department.
5. In the circumstances to cater for the demand of the client/project/campaign, and for the better experience and skill development of the employee/team, an Employee can be transferred to any other section or department in the same establishment/ undertaking or can be transferred to any other establishment. As per the instructions of the Employer or his authorized person on his behalf , with the mutual consent of the employee and the employer, the employee can be transferred to any team/department/establishment at any place throughout the country.
Service Period
1. The Employer invests money and resources in skill development, creativity to increase the output and efficiency of the Employee being a professional. The Employee with his/her free consent, without any coercion agrees not to leave the Company for a minimum period of 1 (one) year from the date of joining/appraisal.
2. If the employee commits any breach of the conditions of his/her service commitment period with the company, the company shall be entitled to recover a gross salary of two months in the due course of law apart from the loss/damages caused to the company due to the unethical, illegal act and conduct of the employee.
3. The employee is entitled to receive an Experience Certificate once the commitment period is duly served
Higher Studies and Qualification(s)
1. The Employee is eligible to pursue further/extended courses or higher studies with the prior approval of the Company.
2. That the Employee agrees to pursue/enroll in any course/learn language required during the course of his/her employment upon the instructions, directions and approval of the Company.
3. The employee has to ensure that his/her commitments towards the company are not hampered/affected with the study commitments of the employee.
Double Employment
1. The employee agrees that during the tenure of his/her employment with the Company, the Employee shall completely dedicate himself / herself to the Company for its assigned work and shall not undertake any other employment/honorary services either in full or on a part time basis without the prior permission of the Company in writing.
2. The employee undertakes that he/she shall not indulge in any kind of freelancing during his/her tenure with the Employer.
Gender Sensitization:
1. That the employer is against the mind-set of patriarchal society. With the change in Education and Urbanization, women are equally empowered. Each and every employee shall pay respect and behave appropriately towards every colleague irrespective of gender. Any complaint/misconduct against any woman employee shall not be tolerated. In case, any employee is found guilty by the committee of the company, he/she shall be subjected to immediate termination.
Work From Home
1. The company can assign the employee to work from home. Under such a situation, the below mentioned rules for Work from Home must be sincerely followed by the employee.
2. The employee undertakes to follow the code of conduct as maintained by the employer from time to time. The employee shall not indulge in any kind of double employment or freelance during the period of work from home due to any reason whatsoever.
3. The employee shall maintain professionalism and take due care and diligence of equipment/or any article/record/data entrusted by the employer to the employee during lockdown or work from home. The employee further undertakes to maintain confidentiality of all the projects/assignments/campaigns/initiatives/work entrusted to the employee during the course of his employment.
4. The employee working from home undertakes this option of work in his/her own best judgment. And are responsible to maintain the following setup at their respective work location:
  1. Laptop/Desktop
  2. Broadband connection
  3. Inverter/Generator
  4. Webcam
  5. Table and Chair, and any such other basic requirement for an efficient working environment.
5. While working from home, the employee will be held responsible for their productivity/output as well as for maintaining proper decorum with minimal background movement and noise.
6. The employee has to be available on email, Slack, call and/or any other form of official communication channel.
7. If an employee working from home is provided by any company resource/property like sim card, mobile, etc. then the employee undertakes that he/she will use it only for official purposes. Any damage or misuse to/of company property will lead to strict implications, even salary deduction.
8. Employees have to complete 8 hours and 30 minutes as working time on every working day of the company. This will be monitored through Time Doctor (TD) and Clickup so do ensure to switch it on and off promptly.
9. Employee has to send his/her Work report on Slack to his/her Reporting Manager/Lead on a daily basis.
10. Employees should interact with his/her Reporting Manager/Lead on a regular basis and update him/her about work periodically.
11. Each Reporting Manager/Lead has to compile his/her team's daily Work report and send it in turn to their Reporting Manager/Lead on a daily basis.
12. Any team meeting, client meeting or any other form of time commitment has to be added by the employee on his/her Google Calendar and should be conducted through Google Meet.
13. This arrangement of Work from Home is subject to the approval of the Human Resource department.
14. Employees opting for Work from Home are expected to report at office premises on the defined date and time as communicated by the Human Resource department.
Issuance/Return of Company Property
1. An employee can raise a request for a company laptop/desktop/sim card to the Human Resource department. On approval, the equipment can be issued to the employee after completion of the due process.
2. If the employee is provided with the company property/equipment then the employee must take full responsibility to keep it safe and to use it only for official purposes. Due care must be taken by the employee to keep it in the best of condition and to only use it for the purpose as directed by the company. For any damage to the property/equipment, the employee will be solely held responsible.
3. The employee should use the company email primarily for work. He/she can use the corporate email for work-related purposes without limitations. For example, he/she can sign up for newsletters and online services that will help him/her in his/her job or professional growth. The email must be kept safe, and avoid spamming and disclosing confidential information.
4. Accounts on various online freelancing portals, social media portals, recruitment portals such as Upwork, LinkedIn, Twitter, Facebook, Indeed, etc are the assets of the company. The employee should maintain utmost confidentiality in regard to the login details and the related campaigns/strategies/initiatives. The employee should not use the access to these accounts for his/her personal use.
5. The Employee shall return/disclose/communicate any laptop/desktop/phone/sim card/internet or intranet passwords upon termination/retirement/expiry of notice period/emergency or medical leave for whatever reason on Employer's directions/instructions. Further, the Employee shall immediately return any property/device/uniform belonging to the Company or a third party provided in connection with employment with the Company.
6. The Human Resource department reserves the right to instruct the employee to return the company property/equipment with or without a prior notice. The employee agrees to adhere to the instructions.
Security
1. That the Employee with his free will, without any pressure, coercion, fear has deposited a security cheque worth INR XX/- (Rupees XX Only) till his/her employment with the employer. That the Company is entitled to present the same before its Banker in case of intentional/unintentional absconding, damages, loss, non-fulfillment of service commitment period, found breaching the confidentiality of employer's data/material/information/record expressly or impliedly or any other unforeseen circumstances occurred/committed during his/her employment with the Company. It is further clarified that the cheque will only be returned after 45 days of the employee’s relieving.
Non Disclosure
1. The employee during the course of employment or after resignation/termination/ leaving the job of the employer shall not provide/leak any information regarding the work performed by the employee during the course of his/her job with the employer.
2. Further the employee shall not, directly or indirectly, divulge/disclose/communicate to any person/firm/corporation, or other entity in any manner whatsoever any information concerning any matters affecting or relating to the business of Employer, including but not limited to any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products/services, or any other information concerning the business of Employer, its manner of operations/plans/processes, or other data without regard to whether all of the above-stated matters will be deemed confidential material, or important, Employer and Employee specifically and expressly stipulating that as between them.
3. Such matters are important material, and confidential and gravely affect the effective and successful conduct of the business of Employer, and Employer's goodwill, and that any breach of the terms of this clause shall be a material breach of this Agreement.
4. In case any employee is found indulged in committing breach of the conditions of non-disclosure clause, then the company shall be at liberty to prosecute the employees criminally for criminal breach of trust, cheating and shall be entitled to claim the damages, loss caused to it by affecting its business.
Non-Solicitation and Non-Compete
1. That the Employee during the course of his employment or after resignation/termination/ leaving the job of the employer shall not in any manner or at any time, solicit/advise any person, firm, corporation or other business entity who are clients, business associates or referral sources of the Company to restrain/reduce business with the Company or to do business with the Employee or any other business entity for the period of three years following the cessation of the relationship with the Company.
2. Non-competition with company clients, that the employee agrees during the course of his employment or after resignation/termination/ leaving the job of the employer, he/she shall not join as employee/partner/Director or provide any service to or lend any aid or device or advice to any of the clients/direct competitor of the Employer/HubSpot partner agency for the period of two years following the cessation of the relationship with the Company.
Assignment
1. The employee undertakes not to claim any work/project/assignment performed or completed by him/her during the course of his/her employment. Every task performed or completed by the employee for the employer, is property of the Employer. Any other person claiming or projecting/showcasing it as his/her work shall face criminal/civil prosecution/proceedings.
Defamation
1. That the Employee during the course of his employment or after resignation/termination/leaving the job of the employer shall not make any misleading, false or derogatory statements in private or public or post derogatory comments on the internet about the Employer's practices, character, financial status, morals or reputation. The Employer reserves its right to take appropriate legal action under the law.
Resignation
1. Upon completion of the Service commitment period, the Employee shall be at liberty to resign from the Company. Upon acceptance of the written resignation letter by the Human Resource department, the employee must serve a period of 45 working days prior to the intended last working day (hereinafter referred to as "Notice Period").
Termination
1. If any information regarding indulgence of the Employee in illicit, illegal, unethical activity during his/her service commitment period of employment with the company or suppresses any information or furnishes false information with a view to obtain employment with the Company then the employer will be entitled to terminate the employee’s employment with or without notice by providing the reason. Under such circumstances, the employee ceases to be eligible for any further documentation of employment.
2. Notwithstanding anything contained in clause-A, in case, due to any other reason, the Employer deems fit to terminate the service of the employee, then he shall give 30 days advance notice or a salary of one month to the employee.
Exit Policy
1. On the date of completion of the notice period, the employee will be provided a Relieving Letter from the Human Resource department.
2. The employee shall be entitled to an Experience Certificate after 45 days of his/her relieving along with the security cheque
3. If the employee fails to complete the service commitment period or is terminated by the employer because he/she breached the confidentiality or any other clause as mentioned in this agreement, then the employer shall not provide any document from the Human Resource department.
Dispute Resolution
1. In case, any dispute arises between the employee with any of his/her colleagues or Senior employee, then he/she shall bring the same into the notice of the Human Resource Department in written form. The decision of the Human Resource Department, after considering both sides with an unbiased approach, shall be treated as final and binding upon the concerned employees.
2. In case, any dispute arises between the employee and the employer, the same shall be brought into notice of the employer in written form. The decision of the Employer, after considering both sides with an unbiased approach, shall be treated as final and binding upon the employee and employer.
Jurisdiction
1. All disputes arising out of this Contract of Employment shall be subject to the exclusive jurisdiction of courts at SAS Nagar, Punjab, India.
Miscellaneous Conditions
1. That the Company shall have no responsibility for any illegal/unauthorized actions of the Employee, whether at the workplace or outside thereof during the period of his/her employment.
2. The employee agrees to never indulge in offensive/ abusive conduct or language towards any member of the company. With the extensive geographical presence of the company clients and employees, the preferred language of communication is English. With due respect to all the regional and international languages, we are committed to build a professional atmosphere with healthy communication.
3. The employee agrees to never report to work while under the influence of drugs, alcohol or narcotics.
4. The Employee further promises to never engage in any sort of theft, fraud, misrepresentation or any other illegal act neither in the employment space nor outside the premise of employment. The employee promises to never defraud the Employer in any manner. If he/she shall do so, the Company shall not be liable for such an act done at his own risk.
5. This Agreement between the parties constitutes the entire arrangement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior negotiations, correspondence, agreements, understanding duties or obligations between the parties with respect to the subject matter thereof. This contract has been executed between the parties with their free mutual consent without any fear, coercion, force, or pressure.

IN WITNESS WHEREOF, the parties have duly affixed their signatures under hand and seal on the Date day of Month, Year.

_____________________. ______________________ Employee: Employer: Danish Wadhwa
Date: Date:

*******************************************************************************************************

Updated by Saumya Singh on 22nd August, 2023

Employment Agreement

This Internal KB comprises of the updated Employment Agreement