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TERMS AND CONDITIONS OF EMPLOYMENT

  1. You shall be on probation for a period of six months from the date of your joining however Company reserves the sole discretion to extend or reduce the same. On successful completion of probation or any extension thereof, you will be confirmed in the services of the Company, effective 1st day of the month following such completion of probation or extension as the case may be. Confirmation shall take effect only upon the issue of confirmation letter and from the date given in the letter.
  2. You will be entitled to leave & holidays in accordance with the rules of the Company in force from time to time.
  3. Company shall, from time to time, at its discretion conduct performance-based review of your employment
  4. We owe and assure a smoke free environment for our employees and the entire office premises is a NO-SMOKING Zone.
  5. You may be required to work beyond and / or outside normal office hours at the discretion of the Company and Company will not compensate for such additional work, unless otherwise agreed in writing by Company.
  6. Reference check will be made from your previous employers. In case there is any adverse report against you which can be detrimental to the interests of the Company or if the information furnished by you is not true, the Company reserves the right to terminate your services forthwith (not withstanding any other provisions) on grounds of misrepresentation of facts and intention of cheating.

8. Assignments/Transfer/Deputation

a) You shall be presently located at the branch office at New Brunswick, NJ. However, you shall be liable to be transferred to any other office or work sites of the Company/affiliates (either in existence or to be formed later) in USA or abroad without any previous notice. While posted at the work sites of the Company you shall be entitled to facilities and allowances as per Company rules as applicable to you.

b) You shall be required to undertake travel in connection with Company’s work as and when required. In case of such travel you will be entitled to claim travel allowance / expense as per the “Travel Policy” of the Company.

c) As the Company may be spending substantial amount of time and money for your deputation/training/familiarization/onsite implementation abroad, you may be required to sign a deputation agreement with the Company and also execute a Surety Bond on such terms, as the Company may deem appropriate.

9. Confidentiality

Your employment with Company is subject to provisions of Secrecy / Inventions and Copyright / Non Disclosure Agreement, which you will have to sign on or before the joining date.

10. Non Solicitation - Non Compete

a) You agree that during the subsistence of your employment and for a period of 12 months thereafter you shall not solicit, endeavor to solicit, influence or attempt to influence any employee, client, customer or other person dealing with the Company, directly or indirectly, in any manner whatsoever that would be in conflict with or adversely affect or be in competition with the business interests of the Company.

b) You agree that during the subsistence of your employment and for a period of 12 months thereafter you shall not directly or indirectly carry on, assist, engage in, be concerned or participate in any operations/activity (whether directly or indirectly, as a partner, shareholder, principal, agent, director, affiliate, promoter or in any other capacity or manner whatsoever) which is similar to the Company and/or its affiliates, nor engage in any activity that conflicts with your obligations to the Company.

11. Termination of Employment

a) Termination during Probation Period: During probation, you can terminate this employment by serving a notice of one (1) month whereas Company can terminate this employment by serving, a notice of Fifteen (15) days, forthwith without assigning any reason or any compensation. The Company at its discretion may allow purchase of full/part notice by the employee. In the event of your giving such a notice of termination, leave(s) available if any will not be adjusted in the notice period. You are required to return all visa / training and such other expenses as may be incurred by the Company before the above said reliever.

b) Termination after Confirmation: On confirmation, Company may terminate this employment by serving a notice of 2 months (60 days) on you or payment of basic salary in lieu of the notice period. You may terminate this employment by serving a notice of 2 months (60 days) on the Company. The Company at its discretion may allow purchase of full/part notice by the employee.

c) In case you are governed by service agreements for serving a minimum stipulated period, you can exercise the option mentioned above in clause 12(a) and 12(b) only on their completion of the stipulated service period agreed to and provided therein.

d) Unauthorized absence or absence without permission from duty for a continuous period of 5 (five) days shall make you lose your lien on employment. In such an event, Company shall have a right forthwith terminate your employment s without any notice of termination or compensation in lieu thereof.

e) Your continuation in the service of the Company shall be subject to your maintaining yourself in a state of medical fitness. In the event of any sickness preventing you from satisfactorily performing your duties over a prolonged period, Company reserves right to terminate your service or otherwise vary the terms and conditions of employment over a given period

f) You will be governed by the Company’s laid down Code of Conduct and if there is any breach of the same or non-performance of the contractual obligation or the terms and conditions laid down in this letter of appointment, your services could be terminated without any notice notwithstanding any other terms and conditions stipulated herein. The Company further reserves the right to invoke other legal remedies as it deems fit to protect its legitimate interests.

g) Your appointment is based on your proficiency on Technical/Professional skills that you have declared to possess as per the application and on the ability to handle any assignment/job independently anywhere in USA or overseas. In case at a later date, any of your statements / particulars furnished are found to be misleading, or your performance is not up to the mark or falls short of the minimum standards set by the Company, the Company shall have right to terminate your services forthwith without giving any notice, not withstanding any other terms and conditions stipulated herein

h) You shall during the duration of your employment render service exclusively to the Company and shall not undertake any other employment either full time or part time or directly or indirectly participate or undertake in any other business, trade or profession. It is expressly understood that contravention of this condition shall give a right to the Company to terminate your employment without any notice and to forfeit all your dues.

i) If and when the Company feels suspicious about your integrity or lose confidence in you, your services are liable to be terminated after due process of law.

j) In the event of termination of or separation from employment, for any reason whatsoever, Company shall have a right to recover from you, cost incurred by Company or reimbursed to you, within 12 (twelve) months preceding such termination/separation, towards including but not limited to your relocation, joining bonus, purchase of notice period from your previous employer, guest-house accommodation, visa, training etc.

k) In the event of resignation by you till such time as the Company accepts your resignation and relieves you of the responsibilities, you will be deemed to be an employee of the Company and the terms and conditions of your employment shall continue to bind you.

l) Breach on your part of any of the conditions of this letter of appointment will give the Company or its representative right to dispense with your services without notice. In such a case you will have no claim whatsoever against the Company.

  1. Every Personnel in this Organization is liable to be Security Checked, Irrespective of his Status and Designation. (Unless otherwise specified by the Directors through a written circular).

  2. E-mail facility provided by the Company is to be used exclusively for Company’s official business. The Company will have the right to check the e-mails sent and received. Sending of any information related to the Company’s commercial / financial / technical data to unauthorized persons will be treated as a breach of trust and a serious offense. You will be responsible for the misuse of e-mail and all its consequences including litigation arising therefore.

  3. The facilities and amenities granted by the Company in excess of the statutory requirements do not form a part of the conditions of service and are subject to change at the discretion of the Company. Any change in the rules, regulations, policies and orders announced by the Company from time to time and applicable to you will form a part of this letter of appointment/employment.

  4. No authority is vested upon you to make any financial commitment and / or enter into agreements/contracts/understandings of any nature with any person on behalf of Company, without seeking the prior permission/approval of the Company. Any violation to exceed your specified authority as mentioned will be seriously viewed and disciplinary/appropriate legal action will be taken.

  5. You will be governed by Company’s rules and regulations in force from time to time in respect of matters not covered by this letter of appointment of appointment.

  6. Company retains the right, at any time, to reassign you to a different position, to modify your job duties, review cycle and reporting relationship to meet business needs. Our industry changes rapidly and we must be flexible to meet the needs of the business. Except for items related to your Salary, other compensation, benefits, bonus etc., Company can modify the terms of this offer, at its reasonable discretion.

19. Code of Conduct

During the period of your employment, you will work honestly, faithfully, diligently and efficiently for the growth of the company.