Date: 26/08/2021
To,
Miss. MENA DEVI
Address: JIND, HARYANA
Dear
We are placed to confirm our offer of employment to you for a regularfull-time position
(“Agreement”) withYOUTH EDUCATION DEVELOPMENT FOUNDATION as aSenior field officer.
The details of our Offer, including the terms and condition of your employment, are attached here with as Schedule “A”.
Please take the time to carefully review our Offer. This letter, along with the enclosed schedules,
Outlines the obligations of both the Company and yourself with respect to your employment
Conditions, and is governed by the laws of the Republic of India with exclusive jurisdiction of courts in
New Delhi. It details the terms and conditions of your employment with the Company and will form
our agreed upon employment contract with you once signed. On or before the actual date of your
joining, you will need to submit a copy of required documents for verification purposes. This list of
required documents shall be intimated to you.
The Offer is conditional upon successful verification of the documents and your submission. If there is
any defect found in the same which is not clarified satisfactorily by you, we reserve the right to
revoke and cancel this Offer without any notice or reason thereof and you will have no rights or
claims against the Company in that case. Accepting this Offer will be condition upon agreeing to and
signing a copy of this letter and the attached Schedule(s), initialing each page in the rights –hand
corner, and returning it to me upon your earliest convenience, but prior to your first day of
employment.
We look forward to welcoming you to the Company and wish you a successful and rewarding career
with us.
Sincerely,
YOUTH EDUCATION DEVELOPMENT FOUNDATION
Schedule A
Terms and Conditions
The following outlines the terms and conditions of Offer made by the Company:
Title and Location | Senior Field officer/ JIND, HARYANA . The location can be shifted at the sole discretion of The Company with a 24 hour prior oral or written intimation. |
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Responsibilities | A copy of your role and responsibility description is attached as Schedule “B”. While employed with the Company, you agreed to work exclusively for the Company and agree that you shall not, while you are employed by the Company, be employed or engaged in any capacity, in promoting, undertaking or carrying on any other business that competes with the Company or interferes or could reasonably Interfere with your duties to the Company. |
Employment Period | Your employment with the company shall begin on the Start Date (mentioned below) and shall continue through the second anniversary of the Start Date (the “Initial Period”). Commencing on the second anniversary of the Start Date and on each anniversary thereafter, your employment with the Company shall automatically renew and extend for a additional year, unless one of the parties shall deliver to the others 60 (sixty) days’ advance written notice of the cessation of such automatic renewal. “Employment Period”shall mean the initial Period and any automatic extensions of your employment as per these terms. |
Salary | INR 21870/- CTC per month in probation and 35000/- after getting permanent. Details as per Schedule D. |
Variable pay | NA |
Deferred Compensation | NA |
Benefits | The current, standard company health, life, disability insurance coverage is generally supplied as per Company policy. Eligibility for these and others benefits will take place as per Company policy |
Applicable Taxes | All taxes related to the salaries, fees and benefits are to be borne by the Employee. All payouts may be subject to deduction of tax at source. |
Confidential Information | Your salary, fees and benefits are highly confidential. You are required to keep them confidential and not share with any person except for management and human resource department. Any violation of this shall be treated as violation of this Offer and Agreement. You shall be bound by a Non – Disclosure, Non – Compete & Policy Adherence agreement (Attached asSchedule “C”). |
Status | Full – time Employee |
Start Date |
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Payroll Schedule | Your salary or other applicable payouts will be paid to you on a monthly basis through direct deposit to your bank account on or before the 07th day of the next month. |
Vacation | You will be entitled to 7 days of vacation (Privilege Leave) annually, may be availed only after confirmation. Any further increase is subject to Leave Policy of the Company. Vacation is to be taken at such time as is determined by or acceptable to the Company. |
Training | By signing this Offer, you agree to undertake training that the company deems necessary to develop your skills to enable you to perform your responsibilities , for productivity improvement or Otherwise. The training hours may be over and above the Hours of Work defined above at the discretion of the Company. |
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You understand and acknowledge that the Company is requiring to investConsiderable resources in your training and development. | |
Probationary Period | To assess your fit within the Company, the first 3(there) months of the Initial Period willconstitute a probationary period. At any time during This probationary period, the Company may terminate your Employment without Cause and with 1 (one) week advance notice or Pay in lieu of notice. If this occurs, we would have no further Obligation to you, financial or otherwise. You will be deemed to be Confirmed only after the Company issues you a letter of confirmation. The Company extend your probationary period for a further period Not exceeding 6 (six) months, if found necessary. |
Policies andStandards | The Company has established a variety of policies and standards that Ensure a safe,enjoyable working environment. During the period of Your employment with us, you agree to be bound by these policies And standards, and any future policies and standardsthat are Introduced by the Company. It is agreed that the introduction of the Company and that you shallbe boundbythese policies. It is further Agreed that if the Company introduces, amends or deletion or Policies as conditions warrant that such introduction or Amendment does not constitute a breach of this Agreement and you Shall be bound by the policies as they exist at the time when any Question arises regarding the polices |
PerformanceReview | Performance will be reviewed biannually asper Company policies Against performance criteria asset out. In case your performance is Not satisfactory, sufficient notice at the discretion of the Company will Be providedto you with constructive feedback on how to Improve. If You fail to perform satisfactorily after such performance review and After elapse of the time given to improve performance, your Employment may be reviewed bythe Company at its sole description. Performance may be reviewed more frequently, if necessary. |
Confidentiality andIntellectual Property, Non-Compete and Non Solicitation | Our offer of employment is conditional upon you agreeing to and Abiding by the “Confidentiality and Proprietary Information Agreement.” Attached as Schedule “C” |
Representation andWarranty | You hereby represent and warrant to Company that you are not party to any written or oral agreement with any third party that would restrict your ability to enter into this Agreement or the Confidentiality and Proprietary Information Agreement or to perform your obligations hereunder and that you will not, by joining the Company, breach any non-disclosure, proprietary rights, non-competition, non-solicitation or other covenant in favor of any third party. Further, you hereby represent that all the contents of your resume, testimonials, references, previous employment details and other Information furnished by you are true and accurate. You agree that this Offer is made to you relying on your |
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Representations. if any of them are found to be untrue, that shall be treated as a breach of this Agreement by you and liable for immediate termination. | |
Change to Duties And /or Compensation | If your duties or compensation should change during the course of your employment with the Company, the validity of our agreement will not be affected in addition, if one or more of the provisions in our agreement are deemed void by law, then the remaining provisions will continue in full force and effect. |
Resignation | You shall not be entitled to terminate your employment with the Company during the initial Period, except for a Valid Reason (as defined below). Should you wish to resign from your employment with the Company after the Initial Period, you will be required to provide One month written notice after completion of Probation Period &15days with in Probation Period (“Minimum Notice”) to enable us to transition your work You shall also be required to provide Minimum Notice to us should you intend to resign during the Initial Period for the Valid Reason. The Company may, at its sole discretion, waive the Minimum Notice. with or without any compensation for the same from you You shall be deemed to have resigned from the services of the Company without Minimum Notice, if you do not report to work for a continuous period of 10 (Ten) days without Company’s consent “Valid Reason” shall mean failure of the Company to pay your salary for a continuous period of Two (2) months |
Termination by Company | The Company may terminate your employment during the InitialPeriod: (1) at any time during the Probationary Period without Cause (defined below) and with 1 (one) week advance notice or pay in lieu of notice; or(2) with immediate effect for a Cause. After the end of your probationary period, the Company may terminate your employment without cause at any time by providing you with the Minimum Notice. or pay in lieu of such notice and no more. The Company may terminate your employment after the InitialPeriod: (1) without Cause at any time after the Initial Period by providing you with the Minimum Notice, or pay in lieu of such notice and no more: or (2) with immediate effect for a Cause; or (3) with immediate effect in case you suffer any permanent disability, as certified a medical practitioner of Company’s choice, that renders you incapable of performing your employment duties. “Cause” shall mean: (1) Your failure to perform employment duties which failure Continues for ten (10) days after the Company has given written notice to you specifying in reasonable detail the |
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Manner in which you have failed to perform such duties (2) common of an act or Omarion by you constituting: (x) an offence; (y) dishonesty with respect to the Company; or (z) fraud; (3) common of an act or omission by you that: (x) could adversely and materially affect the Company’s business or reputation; or (y) involves moral turpitude; (4) your breach, non- performance or non-observance of any of these Terms and Conditions or any other agreement between your and the Company or any policies of the Company, if such breach, non- performance or non-observance shall continue beyond a period of ten (10) days immediately after written notice thereof by the Company to you; or (5) Your chronic or extended absence from duties without the consent of the Company. |
Schedule B
ThatMENA DEVIr/o JIND, HARYANA training Date training Completion confirmation date batch Number B017
- Hereby understand that the job offered to me is a private job which not any type of govt job which I have been explained and I have understood.
- That I will be on a training period or probation for three months.
- That I will approach various centers for development technical / skill development courses and offer them our franchise. I will add 10 franchises every month for initial 03 months. The franchises offered will have a onetime cost of Rs.10000 ), ( Rupees Ten Thousand ) only.
- I have paid a sum of rupees 2150/- two thousand one hundred fifty only at time of joining the ngo against which I have received a pair of pant shirt, tie, shoes, id card and bank account facility etc. for the same which I have received myself. I also have paid an amount of Rs.160000 only, towards the security amount which shall be 100% refundable to me after the continuous 03 years or more of my service. In case I resign/leave the job before 03 years I shall be entitled for 50% refund of this security amount. This 50% refund will be payable to me only after the completion of 03 years from the date of my resignation. If you leave the job before 03 years 50% of your security amount will be refunded to you after deducting Rs.80000( Rupeeseighty thousand ) only towards the preparation of legal documents, training, boarding/ lodging and various other expenses incurred on you by the company.
That I have been explained in detail about my job responsibility which I have understood and
accepted and I will work sincerely as per the rules of the organization and incase I am not able to
perform my duties I shall not hold anyone responsible for the same and the decision of the
organization shall be acceptable to me in all terms and conditions
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Schedule C
NON-DISCLOSURE, NON-COMPETE & POLICY ADHERENCE AGREEMENT
In consideration of employmentas onemployee (“MENA DEVI”) with YOUTH EDUCATION
DEVELOPMENT FOUNDATION(The “Company”), the undersigned (the “Employee”) agrees and
covenants as Follows:
- Confidentiality
- The Employee shall at all times including during theperiod of his/her employment or
Engagement with the Company and for an indefinite period thereafter) keep and maintain
Strictconfidentialityof all Confidential Information, and usesuch information only as may be
required in the normal course of the Employee’s work and shallnot disclose or divulge any
such information or data, without prior written consent of anauthorized officerof the
Company, Forth purposes of this Agreementthe term “Confidential Informationshall
Include any and all information, data or material (in whatever form and by whatever name
Called)that may pertain to the Company, or its customers/clients, vendors or other business
associates, Affiliates, Employees or its directors, officers, Employee, advisers, or s by whatever
name calledtogether referredto as “Specified Persons”),including withoutlimitation,
Information that pertains to
- the business, financial, operational, technical information that pertains to the Company
or any Specified Persons,
- any training material/processes that may be provided to the Employee, all business or
trade secrets formulae, contract terms, business procedures, processes, techniques,
Technical know-how, methods, methodologies, tools or structure, ideas, discoveries,
Inventions, processes, developments, records, proprietary information/ documents,
company’sclient database, client contact information, and other essential information
anddocumentsthat pertain to the Company or any Specified Persons; CHAUD et
- information concerning / provided by the Company that is not known or generally
availabletothe public at large, including without limitation, documentation, business
Developmentofplanning,future projects, commercial relationships , negotiations, the
Marketingof goodsor services including customer names and lists, sales targets,
statistics)financial statements and other financial information, Employees lists;
- all dataorinformation sent providedby the Company, whether in written, oral or on
magnetic or other media to the Employee, prior to, on or after the date hereof, and
- Any other information, dataor material provided to the Employeeor which comesinto
the knowledge or possession of the Employee in connectionwith his/her employmentor
engagement (whether or not the same is specifically marked as Confidential).
During the period of employment or engagement, the Employee will work honestly, faithfully,
diligentlyand efficientlyfor the growth of the Company. Further, theEmployeeshallexecute/
signsuch other non-disclosureagreements as and when required by the Company or its
affiliates The Employee shall at alltimes, whether during or after the term of his/her
employment or engagement , act with utmost fidelity and shall not disclose or divulge any such
Confidential Information to third partiesor makeuse of such information for his/her own
Benefit or otherwisehowsoever, expect in such manner as may be specifically authorized by
The Company in writing. Further, the Employee shall, at all time, whether during or after the
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Term of his/her employment or engagement protect and safeguard the Confidential
Information withthe highest degree of care. The Employee will not reproduce, store in a
Retrievalsystem ortransmit inany form or by any means – electronic, mechanical
photocopying, recording. Scanning or otherwise any Intellectual Property or other
Confidential Information, for any purposes in any manner whatsoever, except as specifically
Authorized by the Company in writing. Upon expiry or termination of the employment or
engagement withthe Company, the Employee will return and surrender to the Company,
all Confidential Information includingwithout limitation, data, information, files, books, magazines/journals, reports, documents, manuals, audio and video tapes, laptops, USB,
discs/drives and any other knowledge databases that were provided to the Employee or
which were entrusted to the Employee in the course of his/her employment or engagement
andshallnot retain any copy thereof in any form whatsoever. The Employee may also be
required to execute such further documents as the Company may require in this regard, from
time to time
1.2. The Employee acknowledges thatthe Confidentialinformationis the sole andexclusive
Property of theCompany (or any Specified Persons, as the case may be)and that by entering
Into and /or performing its obligations under this Agreement, no right or license in the
Confidential Information is granted to the Employee, except the limited permission on to
use such Confidential information for the purposes as set out here in this Agreement and /
or the Employment Agreement
- In the event the Employee is requested or required under any applicable law or by oral
questions, interrogatories, request for information ordocuments in legal proceedings, or by
court order to disclose any Confidential Information, the Employee will provide immediate
notice of such request to the Company so as to enable the Company to seek an appropriate
protective order from an appropriate Court or other forum.
- Intellectual Property Rights CHAU
2.1. All intell actual property rights in any work or material created, developed or discovered by the
Employee (either alone or in concert) during the course of his/her employment or engagement
or involving any resources of the Company shall belong to, and be the property of the
Company and the Employee hereby confirms and undertakes that he/she shall not be entitled
to claim any rights over such intellectual property. The Employee furtherundertakes and
agrees (during or after the term of his/her employment agreement with the Company) to
disclose and assign any and all intellectual property rights in any such works including without
limitation in any trademark, logo/ brand name, look and feel, website domains, invention
development process, plan , design, formula, specification, program or other matter of work
whatsoever, and the same shall be the absolute property of the Company. The Employee shall
as and when requested by the Company, do such acts as may be deemed necessary by the
Company, and shall execute such deeds and documents , as the Company may require, to
Effectually vest in the Company, all such intellectual property rights and benefits in such works
Or materials. In performance of the duties and responsibilities, the Employee shall not use or
infringe any intellectual property properties or rights of any other person.
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- Exclusive Employment or Engagement and Conflict of Interest
- During the term of employment or engagement with the Company, the Employee (a) shall use
his/her best endeavor to defend and promote the interests of the Company, and (b) shall not
directlyor indirectly, take up any employment, or other such similar engagement by whatever
name called with any otherperson,or carry on or be engaged in any profession, or vocation
either by his/her or through partnership or any other form of association on part-time or other
basis. However, it is clarified that the Employee is not restricted from pursuing any hobbies like
Contributing articlesto publications, music, photography, sports, and other similar activities
provided however that the Employee discloses any such associations or part-time projects that
he/shemaytake up including the names of such associations, web-sites, social media groups or engagements. The Employee further assures and confirms to the Company that as on the
Effective Date,he/she is not employed with any other person (whether or not he/she is paid any
remuneration, honorarium or such other amounts) and that he/she does not have any other
business or other interests similar to or in conflict with any business carried on by the Company
- Non-Solicitation:
- The Employee shall not, during the term of his/her employment or engagement with the
Company and for the Agreed Period, solicit, endeavor to solicit, influence or attempt to
Influence any client, customer, Employee person or other person who has any business or
other relationship with theCompany, directly or indirectly, to reduce his / its level of
engagement with the Company or stop dealing with theCompany or direct / facilitate availing
products or services similar to or competing with the Company from any other person
(including a competing Business)
- Further, the Employee shall not, during the term of his/her employment or engagement with
the Company and for the Agreed Period, (a) employ, engage or seek to employ or engage in
any manner, for his/her self or on behalf of any other person, any person that is employed /
engaged, or that was employed/ engaged by the Company at any time during the period of 6
(six) months prior to such solicitation/ engagement, and/or (b) facilitate/ cause any person that
is employed or engaged by the Company, to leave his employment or engagement with the
Company.
- The Employee contracted party, shall not, directly or indirectly, solicit, demand, accept or
Secure -whether for yourself or for any third parties – any gifts, favors, or any other benefits,
Ofany nature whatsoever (including by way of any cash or monetary grants, hospitality or
otherwise),from or in connection with) any vendor, customer of, or any other person having
any relationship with, the organization. Without prejudice to the foregoing, it is clarified that
referrals, ifany, that the Employee contracted party may be required to provide to any person
in the course of his employment, shall be provided strictly on a meritorious basis and keeping
the client’s interests in mind (including factors such as competency, reliability, cost/quality
effectiveness forclients etc.)and not for personal gain, Any violation of this Clause will be a
material breach of your terms of engagement and may entail appropriate action
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- Indemnification:
- The Employee shall indemnify, defend and hold the Company, its officers, directors, associates
and agents .harmless from any and all claims , causes of action , damages, obligations or
liabilities or any kind or nature, arising out of or connected with any act or omission of any
provisions of this Agreement, during the course of the employment or engagement with the
Company and thereafter.
- Company Policies:
The Employee is required to comply with all the policies as communicated to the Employee
From time to time By signing a copy of this letter, the Employee is consenting that he/she will
get familiarized with Company’s policies. The Company reserves the right to interpret, change,
suspend or terminate any of its benefits, policy plans or programs in accordance with its needs
from time to time
The Employee further acknowledges that this Agreement ( along with the final form of any
referenced documents such as [ Employment Agreement, the job description and the service
rules ) ], represents the entire agreement between the Employee and the Company and that no
verbal or written agreements , promises or representations that are not specifically stated in
this offer, are or will be binding upon the Company.
- General:
- The obligations and commitments established by or under this Agreement will come into full
force i.e. the Effective Date and shall remain in effect for an indefinite period thereafter
- If any term or provision of this Agreement is found to any extent to be invalid, void, or
unenforceable by a Court of law in India, the remaining provisions of this Agreement will,
nevertheless, continue in full force and effect without being impaired or invalidated in any way.
- The Employee acknowledges and agrees that the covenants and obligations with respect to CHAUD
Non – compete and non – solicitation as set forth above relate to special, unique and
Extraordinary matters, are reasonable and are necessary for protection of legitimate business
Interests of the Company The Employee agrees that violation of any of the terms of such
Covenants and obligations will cause the Company, irreparable injury or damage tothe
Company Therefore, the Employee agrees that the Company shall be entitled to injunction,
restraining order or such other equitable relief as a court of competent jurisdiction may deem
necessary or appropriate to restrain the Employee from committing any violation of the
covenants and obligations contained in this Agreement. These injunctive remedies are
cumulative and are in addition to any other rights and remedies that the Company may have at
law or in equity.
- Governing Law and Jurisdiction: This Agreement shall be governed by construed and enforced
in accordance with the laws of Delhi, India The Parties hereto hereby submit to the exclusive
jurisdiction of Courts at New Delhi. The Courts at New Delhi shall have exclusive jurisdiction
over all matters arising under this Agreement. Any claims for injunctive relief(s) arising out of
this Agreement may be brought in any court of competent jurisdiction.
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- A failure or delay by a Party to require the enforcement of any of the provisions of this
Agreement shall not be construed as a waiver by such Party of any of its rights nor will it affect
in any way the validity of this Agreement or any of its provisions on the right to enforce such
provisions at any time thereafter. A waiver in order to be effective against the Party waiving its
rights shall be in writing and signed by such Party. No waiver of any term provision or
condition of thisAgreement,in any one or more instances, will be deemed to be or be
construed asa further or continuing waiver of any such term provision or condition or as a
waiver of any other term, provision or condition of this Agreement.
7.6 This Agreement may not be amended except in writing and signed by the parties .
For YOUTH EDUCATION DEVELOPMENT FOUNDATION
Authorized Signatory
Employee Name `MENA DEVI
Address: UDAIPUR/DURJANPUR, THE.UCHANA DIST. JIND (HARYANA)
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