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Employment Contract - Legal Draft

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Category : Agreements Employment

THIS

CONTRACT ENTERED INTO BETWEEN __________________(hereinafter referred to as the

Company/Principle Employer) AND the Employee the particulars of whom are as

follows:PARTICULARS

OF THE PERSON EMPLOYED1. Name:2. Father's Name:3. Date & Place of

Birth:4. Nationality:5. Sex:WHEREAS

MR./MS./MRS. __________________________ HAS REQUESTED FOR EMPLOYMENT IN THE

CONSULATE AND HAS BEEN APPOINTED TO THE POST OF ____________ SUBJECT TO

CONFIRMATION AFTER THE SUCCESSFUL PERIOD OF PROBATION. THE CONTRACT OF

EMPLOYMENT WILL BE IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS:AND

WHEREAS the Date of Commencement of Employment at the company is

_______________. It is hereby agreed that the Terms and Conditions will be as

follows:1.

POSITION

OF EMPLOYEE:The

employee will be employed in the position of ______________ (Position) on a

ranking of ____________________ (Ranking Number) in accordance with the

approved remuneration scales. The Company reserves the right at its sole

discretion, to transfer the employee to any different position without

affecting his/her salary even during the period of probation and after

confirmation)2. WORKING HOURS &

DUTIES :1. The employee who has

been employed in the capacity of ______________ will be required to work 5 days

a week for 8 hours a day i.e. from 0900 to 1700 hrs (including Lunch break for

the duration of 30 minutes.) However as situation arises and as the need

demands the employee will work beyond regular hours.2. When circumstances

require the Employer may request the Employee to work overtime hours and the

Employee hereby agrees to do so. The Employee will be paid for that additional

overtime in accordance with the local law. It is agreed that working on

Israeli/Jewish holidays will not be considered as overtime hours.3. Wherever the nature

of the duty and work of certain specified employees extends beyond regular

office hours the concerned employees will be paid a consolidated overtime wage

calculated for notional 75 hours of overtime work per month at the rate of

_______ payable in Rupees.4. It is hereby agreed

that this will be the fixed sum of overtime wages regardless of whether the

overtime hours are less than or more than 75 hours per month.3. PROBATION PERIOD :1. It is agreed upon by

the Consulate General at Mumbai and the EMPLOYEE that the employee will be

under a trial period of three (3) months, commencing from the date on which the

Employee joined his/her employment so that the Company may in its sole

discretion, determine whether the employee is suitable for the post and capable

of performing the duties, intended to be entrusted to the Employee. During the

period of probation each of the parties can terminate the contract at any time

and for any reason and by giving seven days notice.2. It is agreed that

during the period of probation the condition of contract regarding termination

of employment and severance payment will not be applicable and enforceable.3.4. SALARY:1. The employee will

receive a gross salary of Rs.__________/- Rupees (number) for (month) which

will be subject to Tax Deduction at source if applicable in accordance with the

Income-Tax Act.2. The Employee is also

entitled to one-- month basic salary as bonus for Diwali to be paid in the

month of October or November.3.4.5.1. The rank and the

salary of the employee will be in accordance with the approved remuneration

scale and his/her promotion will be in accordance with his/her

superiors/recommendations.2. A seniority salary

increment will be paid to the employee beginning after the first year of full

time employment, according to the Ministry guidelines and in accordance with

the salary scale as of January 1st of each calendar year.3. The employee will be

paid for additional overtime hours in accordance with the local law. As agreed

hereinabove work on regular working hours on holidays will not be considered as

additional work. No extra compensation will be given for the same.1.2.3.4.5.6. ALLOWANCEAll

employees traveling on official duty are entitled to claim reimbursement of

expenses incurred in the course of duty (subject to vouchers/invoice being

forwarded to the Administration Office) and approved by the Company which are

of the following nature:1. Daily food allowance

equivalent to ______.2. Other Miscellaneous

expenses related to the official duty.2.3.4.5.6.7. INCOME-TAX:Local

income taxes will be paid to the appropriate authorities by the Employer by

deduction from the employee's gross salary.1.2.3.4.5.6.7.8. INSURANCE BENEFITS:1. The Employer shall

provide Medical Insurance Med claim for the Employee and the dependant family

members. (The Medical Insurance policy is attached to this employment agreement

as Annex A.) The Consulate will contribute an amount equivalent to the premium

for the employee and __% of the difference for the family members and the

employee will contribute the balance proportionate amount as determined at the

sole discretion of the company.2. The Employer shall

provide Personal Accidents Insurance for the Employee (The personal Accidents

Insurance policy is attached to this employment agreement as Annex B) The

Employer and Employee will both contribute to the said scheme of premium

payments in the proportion determined at the sole discretion of the company.9. LEAVE:1. ANNUAL LEAVE: Local

Staff will be entitled to Annual paid leave of ___ days in a calendar year

inclusive of casual leave.The

Employee is obligated to take a minimum number of vacation days in one working

year and is limited in the accumulation of vacation days to the next working

year, all in accordance with the instructions as submitted from time to time. The

holiday, on the requested dates, will be subject to approval by the employer2. MATERNITY LEAVE: A

Female Employee is entitled to paid maternity leave of three months in

accordance with the local law.3. OTHER HOLIDAYS: Total

______ Indian holidays to be declared by first week of the year. Israeli

holidays may be cancelled/postponed without any notice. The employees may be

called to work on these days. No extra compensation for these days will be

given.10. RETIREMENT AGE:An

Employee will attain retirement at 60 yrs in accordance with local law. An

employee may be given extension beyond the age of 60 yrs at the discretion of

the Company.1.2.3.4.5.6.7.8.9.10.11. TERMINATION OF

EMPLOYMENT

:1. Notice: One Calendar

month Notice by Employer or Employee or one months salary in lieu thereof to

be paid to/by the Employee or added/deducted from the terminal benefits of the

Employee.2. Terminal benefits:

One months salary for each completed year of service by the employee with a

minimum of one years service. Terminal benefits will be paid when the

termination takes place on any ground including on grounds of ill health,

redundancy or old age retirement. In case of voluntary resignation the terminal

benefits will be granted, subject to the employee completing a qualifying

period of 5 years service and provided that the total amount of gratuity shall

not exceed the amount of 15 months pay, the employee shall be paid one months

salary for each year of service.Salary

in this clause would mean last salary drawn at the time of termination.1.2.1.2.3. The Employee will

contribute to a Provident Fund Scheme. According to this scheme after one year

continuous Service Employer will deduct 12% of the Employees salary towards

Provident Fund and an equal amount will be contributed by the Employer every

year and paid to the Provident Fund Scheme. The accumulated amount will be paid

to the Employee on resignation, termination or retirement.The

benefits in (11.2) and (11.3) will also be available to the dependents/ legal

heirs in the event of his/her death during service.4.5.6.7.8.9.10.11.12. CONFIDENTIALITYDuring

the course of the work with _____________, the employee may learn information

that is private, sensitive and or confidential. This information may concern or

relate to ____________________, its clients or even parties with which the

Company has dealings. The Employee must keep secret and must not, without

specific written permission from the company, disclose any such private,

sensitive or confidential information, from whatever source and however he/she

may learn it, to any person or body.A

breach of the confidentiality as specified above may serve as cause to

termination of employment. The obligations imposed on the employee under this

clause will stay in effect and continue even if he/she leaves the employment of

___________________- for whatever reason.13.

OTHER

EMPLOYMENT:During

the employment with ______________, the employee will not accept any other form

of employment, or engage in any other business activity without the prior

written consent of ___________________.I, _____________________ REISIDING AT ________________ HOLDER OF _________

HEREBY FULLY AGREE TO COMPLY WITH THE ABOVE RULES AND REGULATIONS AND ALL

APPENDICES RELATED ALONGWITH DURING MY TENURE WITH_____________.NAME:DATE:SIGNATURE:On

behalf of __________being the Employer in the presence of (2)

________________________being the Employee in the presence of


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