Employment
Contract
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 EMPLOYED
1. 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. ALLOWANCE
All
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 employer
2. 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 month’s 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 month’s salary for each completed year of service by the employee with a
minimum of one year’s 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 month’s
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. CONFIDENTIALITY
During
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
