Employment Contract Draft — Key Clauses

EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT ("Agreement") is made at [City] on this [Day] day of [Month, Year] BETWEEN:

[Company Name], a company incorporated under the Companies Act, 2013 having its registered office at [Address] (hereinafter the "Company", which expression shall include its successors and assigns); AND

[Employee Name], S/o / D/o [___], residing at [Address], holding PAN [PAN] and Aadhaar [Aadhaar] (hereinafter the "Employee").

Clause 1. Appointment & Designation. The Company appoints the Employee to the position of [Designation] in the [Department], and the Employee accepts such appointment on the terms herein. The appointment takes effect from [Date of Joining].

Clause 2. Probation & Confirmation. The Employee shall be on probation for [6] months, extendable at the Company's discretion. On satisfactory completion, the Employee shall be confirmed in writing. During probation either party may terminate with [15] days' notice.

Clause 3. Place of Work. The Employee shall be based at [Location] and may be transferred/deputed to any office, branch, group company or client site of the Company in India or abroad.

Clause 4. Remuneration. The Employee shall be paid a Cost-to-Company of ₹[__] per annum, structured as per Annexure A (Salary Break-up) — Basic, HRA, Special Allowance, employer PF, gratuity, etc. Salary is payable monthly by the [7th] of the following month, subject to deduction of TDS under Section 192 of the Income-tax Act, 1961, Provident Fund (EPF Act, 1952), Professional Tax and ESI (where applicable).

Clause 5. Working Hours & Leave. Normal working hours are [9] hours/day, [5/6] days a week, subject to the [State] Shops & Establishments Act. Leave (casual, sick, earned/privilege) shall be as per Company policy and the applicable Act.

Clause 6. Duties & Conduct. The Employee shall devote whole-time attention to the Company's business, faithfully discharge assigned duties, obey lawful instructions, and abide by the Company's HR policies, POSH policy and code of conduct as amended from time to time.

Clause 7. Confidentiality. The Employee shall not, during employment or thereafter, disclose or use any trade secret, client data, pricing, source code, business plan or other confidential information of the Company except in the proper discharge of duties. All records remain Company property and shall be returned on exit.

Clause 8. Intellectual Property. All inventions, works, code and materials created by the Employee in the course of employment shall vest solely in the Company, and the Employee assigns all such rights (including under the Copyright Act, 1957 and Patents Act, 1970) to the Company.

Clause 9. Non-Compete & Non-Solicit. During employment the Employee shall not engage in any competing business. For [12] months after exit the Employee shall not solicit the Company's clients or employees. (Note: post-employment non-compete restraints are void under Section 27 of the Indian Contract Act, 1872; only non-solicitation and confidentiality survive.)

Clause 10. Notice & Termination. After confirmation, either party may terminate on [2/3] months' notice or salary in lieu. The Company may terminate forthwith without notice for misconduct, fraud, breach of confidentiality or unauthorised absence, following due process.

Clause 11. Full & Final Settlement. On separation, dues shall be settled after adjusting Company property, advances and notice-pay recovery; the Employee shall be entitled to gratuity under the Payment of Gratuity Act, 1972 if eligible (5 years' service).

Clause 12. Governing Law & Dispute Resolution. This Agreement is governed by the laws of India. Disputes shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seat at [City]; courts at [City] shall have exclusive jurisdiction.

IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above.

Witnesses: 1. ______________    2. ______________