Tuesday 20 October 2020

Pro-forma for Appointment Letter for Fixed-Term Employment

Pro-forma for Appointment Letter for Fixed-Term Employment


To

.....................................

.....................................

We are pleased to offer you an appointment in ............ ...... .... (Henceforth called Company), for a fixed period of employment on the following ;-

Terms & Conditions

Designations : Refueling Associate/ Senior Refueling Associate

1. This fixed-term employment contract is for a period of 2 years starting from ............ and will automatically come to end on................... unless renewed by the Company for further period of ..........................

2. Be it clearly understood and agreed that your appointment is for a specified period as stated above and no notice or pay in lieu thereof or retrenchment compensation will be payable to you in the Management at the end of tenure with the Company. Since your appointment is being made for a specific period as above, you will neither have any right nor a lien on the job held by you in the Company. You are also not eligible to claim regular employment in the Company even if there is such a vacancy for the post held by you or otherwise.

3. At the end of your tenure on the period as specified above or on termination of employment with the company for any reason, you must return all items and documents if any, failing which you will be held guilty and suitable legal action can be taken against you.

4. You will be initially posted at......................... However, based on business exigencies you may be relocated by the company anywhere in India or abroad. You may be transferred to a different position or unit/ department of the company either in existing or which may come up pursuant to the requirements of the company. In addition, your services may be deputed to any of our client companies for work pertaining to or incidental to the clients business.You may be transferred one of the company's subsidiaries or affiliates, pursuant to the requirements of the company and / or its subsidiary / affiliates at the sole discretion of the management.

5. Not withsatanding this, in the event of the project / work at ........................ for which you are being employed comes to an end before the above mentioned period, so the fixed-term employment contract willstand to be terminated.

6. Be it clearly understood and agreed that you are eligible to claim one month's notice or salary in lieu of such notice only and the Management is not liable to pay any compensation or any claim of remaining amount or claim of any kind for unexpired period of the tenure mentioned above if your service is discontinued by the Management prior to the expire of period as specified above. 

7. You agree to undertake to serve............... for a minimum period of 12 months failing which you will be liable to pay a sum of Rs..........(Rupees................) in lieu of the training and misc expenses including selection process.

8. The breakup of your Total remuneration in INR is annexed herewith but can be split or modified in future.

9. Your duties will include efficient,satisfactory and economical operation in the area of responsibility that may be assigned to you from time to time.

10. It is a condition of your service to ensure secrecy and confidentiality of all documents, process and techniques of Company and Company's client and use such information only in connection with the services provided persistently the .......................... or any other client.

11. During the period of employment with this Company, you will not engage yourself in any other work either paid or in honorary capacity.

12. Your appointment is being made on the basis of the information furnished by you to the Company and in case any information as given by you is found false or incorrect or by committing any act amount to loss of confidence etc., your appointment will be deemed void ab initio and liable for termination without any notice or salary in lieu of such notice.

13. Your address, as indicated in the office record of the Company shall be deemed to be correct for sending any communication to you. Every communication addressed to you at the given address shall be deemed to have been served upon you and in case there is any change in your residential address, you will intimate the same within 3 day of such change of address or else the address as appearing on the record of the company will be taken as your address.

14. You will be responsible for carrying out your work as assigned to you to the entire satisfaction of the Management.

15. You will be punctual and regular in your duties and will not absent yourself or overstay your sanctioned leave without prior permission of the Management.

16. Your services are liable to be terminated in case you are incapacitated by reasons of illness, accident or any other cause and cannot perform your duties, the Management may, at its option, grant leave for reasonable time on full pay or half pay or without pay or terminate your services. It is also made clear that if your are found suffering from any infectious/ contagious disease, the Company may, at its discretion, terminate your service.

17. The Company serves the right not to accept the resignation in case of any proceedings/action pending against you or that there are commitment for completion or other exigencies of work. 

18. You are bound by the Conduct, Discipline of the Company and will abide by the Rules and Regulations of the Company which may be in force or introduced or amended from time to time.

19. Your appointment and continued employment shall be subject to be found physically, medically and mentally fit for carrying out your work as per requirement of the Company. You are to present yourself for medical examination as and when required by the Management.

20. Your appointment and continuation in employment with Company during the aforesaid period shall be subject to be found professionally fit (based on periodic written/viva and skill tests) for carrying out Operations and Maintenance work requirements of the Company including requirement of valid passport or valid police verification certificate as required for entry permit.

21. Privilege/earned leave shall be as per law and the prevalent practice in the Company. Grant of leave will depend on the exigencies of work and shall be at the discretion of the Management. Before proceeding on privilege/earned leave, you will have to apply for leave 15 days in advance to the appropriate authority and seek the prior sanction of leave. Similarly, for extension of leave, an application bill have to be made in advance so as to reach positively before the expiry of leave originally granted. Mere submission of application will not mean that the leave has been sanctioned. The casual/sick leave will be given as provided under the law depending upon the justification of the ground for availing of leave and the genuine medical certificate supported with the application of leave. Entitlement of sick leave, when covered under the ESI Act will be only when your application will be supported by ESI Slip. The Management will be within its rights to get you medically examined to verify your alleged sickness.

22. Absence for a continuous period of ............ days without prior approval of your superior (including overstay/ training) would be deemed to be abandonment of employment by you whereby you have relinquished your rights and claims on your employment your services would automatically come to an end without any notice or intimation.

23. During the employment with the Company, you shall be liable for termination if :

(a) Any incorrect information furnished by you or on suppression of any material information while seeking and continuing in the employment.

(b) Any act which, in the opinion of the Management, is an act of dishonesty, disobedience, insubordination, incivility, intemperance, loss of confidence, breach of trust, irregularity in finance, habitual absence unpunctuality or other misconduct or neglect of duty or incompetence in the discharge of duty on your part or the breach on your part of any of the terms, conditions or stipulations contained in this arrangement or a violation on your part of any of the Company's rules or any act or omission subversive of discipline and/ or prejudicial to interest of Company or discipline.

(c) Committing any breach of any terms of this appointment letter and code of conduct either directly or indirectly.

(d) Not to act or omit, in any manner, which would be prejudicial to the interest of the Company.

(e) Failure to comply with transfer order

(f) Misappropriation of Management money and / or misuse of Company's funds / property.

(g) Being guilty of any gross default or misconduct life sexual harassment. 

(i) Failure in supervising the work of your juniors.

24. You agree to defend, indemnify and hold..............harmless from any and all claims, damages, liability, attorney fees and expenses on account of your failure to satisfy any of your obligations under this work assignment.

25. In case of any breach of the terms and conditions stipulated in this Agreement, the Management reserves its right to terminate your engagement with immediate effect without further notice to you.

26. These terms and conditions of this appointment letter supersede any prior oral or written understanding regarding the terms and conditions of your employment with the Company.

27. In addition to the terms and conditions of this appointment letter, there are other policies and procedures that apply to your employment. The Company, for the efficient and fair administration of employment and other business matters, formulates these policies and procedures. You must diligently comply with the Company's policies and procedures, as amended from time to time and noticed to you.

In case the above terms and conditions are acceptable to you, you are requested to sign the duplicate of this letter for having understood and having accepted the same and return the same.


For......................

Authorized Signatory

Encl. As Above

Declaration/ Acceptance


I..............S/o................., aged about............years, residing at......................, Do hereby declare that i have read and understood the terms and conditions of the Appointment letter dated.............and accept the same as it is and abide by the same.

Signature of the Applicant................

Date: 


2 comments:

lalit said...

Can we not give Retrenchment compensation if the employment is terminated or at the end of contract?

Anonymous said...

Be it clearly understood and agreed that appointment is been done for a specified period and no notice or pay in lieu thereof or retrenchment compensation will be payable to FTE at the end of tenure. This is been already elucidated in point no 3.
Why we need to Retrenchment Compensation to FTE.... then the purpose of having FTE shall get vanquished