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.
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 IncomeTax 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.
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.
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.
7.
INCOME-TAX:
Local income taxes will be paid to the appropriate
authorities by the Employer by deduction from the employee's gross salary.
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.
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.
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.
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
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