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+ + FAST TRACK PROJECTS PVT LTD. +
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+ - Unit of FAST TRACK PROJECTS PVT LTD.,
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+ Unit 302, Surya Arcade, Cyber Hills, Gachibowli, Hyderabad, 500032 Telangana INDIA
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+ Phone: +91 40 42601144 www.ftprotech.com | CIN: U45201TG2000PTC035652
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+ | PRIVATE & CONFIDENTIAL | +
| To, | +
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| Dear , | +
| We are pleased to extend you an offer to join as a + This letter will memorialize the terms of your employment by Your employment is contingent on your ability to obtain employment eligibility documentation as required by law. However, if considered expedient and necessary, we may conduct background checks on you on our own or through a third party. You hereby consent to any such background checks and undertake to co-operate if so requested by us. + We are excited and looking forward to your joining. The terms of your employment are as follows: Start Date: You will have to report on or before + |
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| + 1. Place Of Work: Your assigned work location is Hyderabad. The Company may, after giving you reasonable notice, transfer or assign your services to any place of business of the Company that may presently be operating, or which may subsequently be acquired or established, in any part of India or abroad. + | +
| + 2. Leave and Working Hours: You will be entitled to leave as per company policy and will observe the working hours as may be applicable to your category of employees and location of posting. + | +
| + + 3. Fulfillment Obligation: Any cash bonuses or other expenses paid prior to normal salary periods are recoverable by the Company for the first 90 days of employment should you terminate your employment without cause. + | +
| + + 4. Confidentiality and Invention Assignment: Your employment is conditioned upon your execution of Confidentiality and Invention Assignment Agreements and agreement to abide by the terms and conditions of those Agreements. Failure to abide by the terms of the Agreements may result in your dismissal, and you are subject to their terms even after the termination of your employment. + | +
| + 5. Transfer & Relocation: You will be liable to transfer in such capacity as the company may from time to time determine to any other location, department, establishment, factory or branch of the company or its affiliate, associate or subsidiary companies. In such case, you will be governed by the terms and conditions of service applicable to the new assignment. + | +
| + 6. Non-Compete: You agree that during the term of your employment and for further period of 6 calendar months after separation from the Company, for whatever reasons, you shall not carry on or engage in directly or indirectly in any business which competes directly or indirectly with any or all the business pursued by the Company in any territory, whether in India or overseas, at the relevant point of time or proposed to be pursued by the Company in the immediate future, in respect of which proposal you were aware of or likely to be aware of considering the nature of your duties , other than through the Company. + | +
| + 7. Non-Solicitation and Non Hire of Company Employees: You agree that during the term of your employment and a further period of 24 (twenty four) calendar months after separation from the Company, for whatever reasons, you shall not either directly or indirectly solicit or entice away or endeavor to solicit or to entice away or assist any other Person to solicit or hire or entice away from the Company, any Company employee. + | +
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+ 8. Probation, Confirmation & Termination:
+ a) You will be on probation for a period of180 Days from the date of your appointment, where after, post completion of 180 Days your service with the organization stands confirmed unless otherwise notified in writing through the HR team. The Company reserves the right to reduce or extend your probation period at its absolute discretion. + b) During the probation period/ extended period of probation or, company shall be entitled to terminate your employment without cause at any time by giving you 30 calendar days' notice or salary in lieu thereof. However, in case of cause, the Company can terminate your employment immediately. If you wish to terminate your employment with the Company during the probation period/ extended period of probation then you shall be required to serve 90 calendar days' notice period from the day next to resignation or salary in lieu thereof. During the notice period you shall not be entitled to any paid or unpaid leave and the notice period cannot be adjusted by any accrued leave. The decision to waive the notice period lies at the sole discretion of the Company. + c) No Leaves can be availed during your probation period expect for sick leave maximum of one per month. + d) Absence for a continuous period of six working days without prior approval of your superior, can lead to your services being terminated without notice or explanation. + e) No leave can be available during the notice period. Failure to complete the notice period will be considered equivalent to two times the shortfall in pay and the same will be adjusted as part of the full and final settlement. + f) Post probation confirmation, the company shall be entitled to terminate your employment, without cause, at any time by giving out 30 days' notice or salary in lieu thereof. You are also bound to provide the company with 90 days' notice period from the day next to resignation or salary in lieu thereof. During the notice period you shall not be entitled to any paid or unpaid leave and the notice period cannot be adjusted by any accrued leave. The decision to waive the notice period lies at the sole discretion of the Company. + |
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| + 9. Confidentiality & Non-Complete and Non-Solicitation: You certify not to share your salary or any company details along with not joining any competitor as an employee or contractor or solicit any employee from the company to join a company. + | +
| + 10. Term: The Company may terminate your employment for cause with immediate effect at any time. No salary or allowances will be paid for any period if you are terminated for cause. + | +
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+ 11. Salary: Compensation of INR |
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| + 12. "Employee Agreement": To protect the interests of the Company, you will need to sign the Company's standard Terms & Conditions of Employment (attached as annexure A), invention assignment agreement, , Confidentiality Agreement and conflict of interest agreement (collectively, the "Employee Agreements") as a condition of your employment. You represent that your signing of this offer letter, and the Employee Agreements and your commencement of employment with the Company will not breach any agreement currently in place between yourself and current or past employers. + | +
| + Please confirm that this letter sets forth the terms of your employment with the Company by countersigning a copy of this letter below. Your signature below indicates that you fully understand the terms of your employment with the Company and that you enter this Agreement knowingly and of your own accord. + | +
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+ + Sincerely + + |
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+ For + Authorized Signatory + |
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+ Accepted and Agreed
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| Annexure - A Terms & Conditions of Employment |
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+ + 1. During the term of your employment with , you may not engage in any employment or act in any way, which either conflicts with your duties and obligations to , or is contrary to the policies or the interests of . + |
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| + 2. During the term of your employment with you are required to disclose all material and relevant information, which may either affect your employment with currently or in the future or may conflict with the terms of your employment with either directly or indirectly. If at any time during your employment, if . becomes aware that you have suppressed any material or relevant information required to be disclosed by you, reserves the right to forthwith terminate your employment without any notice and without any obligation or liability to pay any remuneration or other dues to you irrespective of the period that you may have been employed by . + | +
| + 3. You agree to conform to and comply with s Policy and such other directions and guidelines which may from time to time give as per its own discretion. + | +
| + 4. Notwithstanding anything mentioned in this Agreement, may terminate your employment, with immediate effect by a notice in writing (without salary in lieu of notice), in the event of your misconduct, including but not limited to, fraudulent, dishonest or undisciplined conduct of, or breach of integrity, or embezzlement, or misappropriation or misuse by you of ’s property, or insubordination or failure to comply with the directions given to you by persons so authorized, or your insolvency or conviction for any offence involving moral turpitude, or breach by you of any terms of this Agreement or Policy or other documents or directions of , or irregularity in attendance, or your unauthorized absence of from the place of work for more than Three (3) working days, or closure of the business of , or redundancy of your post in , or upon you conducting yourself in a manner which is regarded by as prejudicial to its own interests or to the interests of its clients. + | +
| + 5. Notwithstanding anything aforesaid, termination by you shall be subject to the satisfactory completion of all your existing duties, obligations and projects. + | +
| + 6. At the time of termination of your employment, if there are any dues from you, the same may be adjusted against any money due to you from on account of salary, bonus or any other such payments. + | +
| + 7. You agree that the laws of India shall govern the interpretation and enforcement of this Agreement and the provisions of the Indian Arbitration and Conciliation Act, 1996, shall govern all disputes under this Agreement. The venue for arbitration will be Hyderabad. + | +
| + This is to certify that I have read this Agreement and understood all the terms and conditions mentioned therein and I hereby accept and agree to abide by them. + | +
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+ Employee Name : Signature: Date of Joining: |
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| Annexure - B
+ Salary Break Up + |
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+ + 1. ##VPP as per Policy. 2. *Subject to Monthly Attendance and Subject to Income Tax Deductions 3. **As per Statutory Norms 4. Medical Insurance is for SELF only for coverage INR of 500000 + |
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+ + Sincerely + + |
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+ For + Authorized Signatory + |
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+ Accepted and Agreed
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| Annexure - C NONDISCLOSURE AGREEMENT |
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+ THIS NONDISCLOSURE AGREEMENT (this "Agreement") is entered into and effective as of the date specified on the signature page below between a Company incorporated under Indian Companies Act 1956, having registered office in Hyderabad, India ("Company") Ashwath Sreeram(Recipient) + Whereas "Company" wishes to explore the possibility of entering into an employment agreement with Recipient which requires "Company" to disclose to Recipient certain Confidential Information as defined below. + Now therefore, in consideration of the rights and obligations contained herein, the parties agree as follows: + |
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+ 1. Confidential Information. "Confidential Information" as used in this Agreement shall mean information in any form, disclosed by Company, which relates to its business. Confidential Information includes, but is not limited to, patents, employees and related information, trade secrets, research and development plans, current and future products, product pricing, customers lists, markets, business plans, financial data, contractual terms, documentation, records, studies, reports, know-how, test results, software, software source or object code, and any other information which reasonably ought to be considered to be Confidential Information. + 2. Exclusions. Confidential Information does not include any information which (a) at the time of disclosure, is available to the general public; (b) at a later date, becomes available to the general public through no fault of Recipient, and then only after such later date; (c) Recipient can demonstrate was in its possession prior to receipt without an obligation of confidence; (d) is disclosed to Recipient without restriction on disclosure by a third party who had the lawful right to disclose such information; or (e) Recipient can demonstrate was independently developed by Recipient without use of any Confidential Information. + 3. Protection of Confidential Information. Recipient agrees that it shall treat Confidential Information with the same degree of care as it accords to its own Confidential Information of like kind, but in no event less than a reasonable degree of care. Recipient agrees that it will not make use of, disseminate, or in any way disclose any Confidential Information to any person, firm or business, except to the extent necessary for negotiations, discussions, and consultations with personnel or authorized representatives of Company., and any other purpose which Company may hereafter authorize in writing. Recipient may disclose the Confidential Information pursuant to a valid court order provided that Company is given prompt notice of any such order and an opportunity to contest the order. Recipient agrees that it shall disclose Confidential Information only to those of its employees or consultants who have a legitimate business need to know such information and who have previously agreed, either as a condition of employment or to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Agreement. + 4. Return of Confidential Information. All information furnished under this Agreement shall remain the property of the Company and shall be returned to it or destroyed or purged promptly at its request. All documents, memoranda, notes and other tangible embodiments whatsoever prepared by Recipient based on or which includes Confidential Information shall be destroyed to the extent necessary to remove all such Confidential Information upon the disclosing party's request. All destruction under this Paragraph 4 shall be certified in writing to the disclosing party by an authorized officer of Recipient. + 5. Export Regulations. Recipient agrees that it shall not export the Confidential Information to any country to which export is restricted by the company. + 6. No License or Warranty. Except as expressly set forth in this Agreement, no license under any patents, copyrights, mask rights or other proprietary rights is granted or conveyed by the Company's transmittal of Confidential Information or other information to Recipient under this Agreement. THE INFORMATION IS PROVIDED "AS IS" AND THERE IS NO REPRESENTATIONS OR + +WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, INCLUDING BUT NOT LIMITED TO A WARRANTY AGAINST INFRINGEMENT, ACCURACY OR +COMPLETENESS. Recipient will use all information received in a safe and prudent manner and is responsible for all risk or loss arising out of its use of such information. The recipient agrees that Company shall have no + 7. No Inducement or Commitment. Confidential Information provided to Recipient does not and is not intended to represent an inducement by Company or a commitment by Company to enter into any business relationship with Recipient or with any other entity. If the parties desire to pursue business opportunities, the parties will execute a separate written agreement to govern such business relationship. + 8. Effective Date and Term. This Agreement shall be effective from the Effective Date specified below and shall continue for three (3) years following the return of all Confidential Information in accordance with Paragraph 4 above when accompanied by a written notice of termination. + 9. Remedies. It is understood and agreed that money damages would not be a sufficient remedy for any breach of this Agreement and that Company shall be entitled to seek injunctive relief as a remedy for any such breach. Such remedy shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or equity. + 10. Non-assignment. This Agreement may not be assigned, or otherwise transferred without the prior written consent of Company. + 11. Miscellaneous. This Agreement embodies the entire understanding between the parties respecting the subject matter of this Agreement and supersedes any and all prior negotiations, correspondence, understandings and agreements between the parties respecting the use and disclosure of Confidential Information. This Agreement shall not be modified except by a writing duly executed on behalf of the party against whom such modification is sought to be enforced. The failure of any party to require performance by another party of any provision of this Agreement shall in no way affect the full right to require such performance at any time thereafter. Should any provisions of this Agreement be found unenforceable, the remainder shall still be in effect. This Agreement has been negotiated by the parties and their respective attorneys, and the language of this Agreement shall not be construed for or against either party. The headings are not part of this Agreement. Either the original or copies, including facsimile transmissions, of this Agreement, may be executed in counterparts, each of which shall be an original as against any party whose signature appears on such counterpart and all of which together shall constitute one and the same instrument. + 12. Notices. All notices under this Agreement shall be deemed to have been duly given upon the mailing of the notice, post-paid, to the party entitled to such notice at the address set forth below. + 13. Governing Law. This Agreement shall be interpreted under the laws of the State of Telangana, India + 14. All clauses mentioned in this NDA is applicable including our group Companies. Any misuse of data, information or any confidential information including our group companies will be prosecuted within Hyderabad Jurisdiction. + IN WITNESS WHEREOF each of the parties has caused the Agreement to be executed by its duly authorized representative. + Effective Date: + |
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+ Fast Track Projects Pvt. Ltd By: + Employee / Consultant/Recipient By: + |
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