Appointment letter to appoint an employee should contain complete breakup of salary, allowances, leave details, confidentiality agreement etc. Offer of appointment should also have description of duties and responsibilities of employee, termination or resignation clause etc.
Sample Format of Offer of appointment to an employee is given below.
OFFER OF APPOINTMENT
Ref No: HR/__/Del/__/__/____
Date : _______________
Dear Mr. _______________,
Welcome to the _______________ team.
With reference to your application, personal interview and further discussions, we are pleased to offer you appointment as Manager IT in our organization. The terms and conditions of your appointment are given below:
1. You will be paid an annual salary as mentioned in the annexure to the offer of appointment which includes all perquisites and allowances.
2. The breakup of the salary is detailed in the annexure.
3. This offer of appointment is valid only till the date of joining you have accepted and committed as above and it will automatically cease in the event of your not joining us by the said date.
4. For Separation/Termination the following Terms and Conditions will hold:
4.1 Either party may terminate the services with 1 month notice without assigning reasons.
4.2 Notice period is meant to ensure completion of jobs already taken, transfer ongoing jobs, smooth transition and provide for time to get suitable replacement. Failing to fulfill this commitment and purely at the discretion of the employer, for any risk whatsoever, the employee will be required to pay to the employer without demur, and on demand, a sum not exceeding 1 (one) month basic Salary as was being received by the employee at the time of said notice, as compensation. In the same manner, if the employer wants to dispense with the services of the employee, both notice period and compensation clauses apply to employer.
4.3 Notwithstanding anything to the contrary contained herein, the Company shall be entitled to forthwith terminate your appointment without any notice or payment of any kind whatsoever in lieu of notice or otherwise in case of:
4.3.1. Any act of dishonesty, disobedience, insubordination, incivility, intemperance, irregularity in attendance or other misconduct or neglect of duty, or incompetence in the discharge of duty on your part of the breach of any of the terms, conditions and stipulations contained herein.
4.3.2 You being adjudged an insolvent or applying to be adjudged an insolvent or making a compensation or arrangement with your creditors or being found guilty by a competent court of any offence involving moral turpitude.
4.3.3 The reconstruction or amalgamation of the Company whether by winding up of the Company or otherwise.
4.3.4 Any information provided to the company in the application for job or during the course of your employment was found wrong and you have intentionally provided wrong information.
5. You will be required to undergo a medical examination by the Company's Medical Officer regularly and at intervals during your appointment. Your continuance in the Company's employment will depend, besides other stipulations herein, only if you are found medically fit and remaining fit.
6. You will be governed by the Policies of the company as may be applicable to you from time to time.
7. You are liable to be transferred from one job to another job, or from one department to another department or from one establishment to another establishment or from one country to another if required by the Management. You shall do such other work, which will be assigned to you by the Management from time to time. Any such changes in assignment or transfer will not automatically entitled to any additional remuneration, allowance, compensation, or other sum in respect thereof.
8. It is also expressly agreed to by and between us that the Company shall be entitled to loan or transfer your services, provisionally for any duration or permanently, wholly or partly to any Company which is or at the material time may be an associate, affiliate, successor, assigns or subsidiary or principal contractor to or the latter having a controlling interest in the said company.
9. Before proceeding on an overseas assignment you will be required to give the company, a written undertaking for dedicated services to the client, completing the work/project assigned and timely return to resume work in India. The details of such assignments including reimbursement of necessary expenditure will be communicated to you before your proceeding on such assignments.
10. While serving the Company, you shall give and devote the whole of your work day exclusively to your duties with the Company and shall not engage yourself, directly or indirectly without prior consent in writing of the Company with or without remuneration in any trade, business, occupation, employment, service or calling which is similar to or the same as that carried out by the Company nor shall you undertake any activities which are contrary to or inconsistent either with your duties and obligations under this appointment or with the Company's interests.
11. This is a position of continuous responsibility and does not entail payment of extra time or overtime.
12. You may be selected and sponsored by the Company for training assignments with company's associates or other institutions abroad. You will diligently and beneficially, take part in such training and assignment. In such event, you will continue to serve the company after such training, for a minimum period as may be stipulated.
13. You shall not, at any time during the continuance or after the termination of your employment hereunder, divulge either directly to any person, firm or Company or use for yourself or another any knowledge, information, formulae, processes, methods, compositions, ideas or documents, concerning the business and affairs of the company or any of its dealings, transactions or affairs which you may acquire the company or any of its dealings, transactions or affairs which you may acquire or have to your knowledge during the course of and incidental to your employment.
14. All programs, system logins, manuals, literatures etc. developed by you while in company service will at all times be deemed to be the sole property of the company. Also the company shall at all times have the sole proprietary right in any new system which you may develop while in company's service.
15. You shall obtain written permission from the Chief of HR for any studies giving full details of examination and duration. While following studies, the duties and accountabilities of your job will not be compromised and the demand arising out of work will prevail over.
16. You are expected to remain in duty throughout the business / working hours of the organization and be present in time for any meeting or get together scheduled by the company.
17. For the purpose of this clause, the expression "The Company" shall in
addition to _______________ Private Limited., mean and include any firm, person
or Company subsidiary to or affiliated to with _______________ Private Limited.
18. If any declaration given or furnished by you to the company in any document submitted for employment proves to be false or if you have willfully suppressed any material information, you will be liable to be terminated without notice.
19. You shall retire from the services of the company on completion of 58 (fifty eight) years of age.
20. We request you to produce a proof of age, relieving letter from the previous employers, educational certificates, 3 passport size photographs and proof of last drawn salary with a true copy of the same for our records.
21. You are advised to keep all original certificates and passport with you all the time to enable you to produce the same at short notice, if required for visa processing purposes.
22. You shall be governed from time to time by the laws of the land as applicable to an employee in the company's service.
23. As substantial amount of technical and other information will be obtained
by you or will be available to you, you will appreciate that any information so
obtained must not be communicated directly or indirectly to any person, firm or
company. You will therefore be agreed to sign a Secrecy Agreement of
Non-Disclosure / Confidentiality.
We have pleasure in welcoming you and looking forward to mutually meaningful association.
For _______________ Private Limited
General Manager HRD
The appointment letter is enclosed in duplicate and you are requested to sign the duplicate copy of the appointment letter.
I have read and understood and accepted the terms and conditions of
employment. As desired, I will join the company's services w.e.f.
ANNEXURE TO THE OFFER OF APPOINTMENT
Designation : Manager IT
Location : New Delhi
Date of Joining : On or before ____________
The breakup of the annual salary is given below:
|SNO||Components||Monthly Amount (Rs)||Annual Amount (Rs)|
|6.||Employer Contribution to PF|
|7.||Any Other Allowance|
Note: In addition to the above, you will be entitled for free shared accommodation subject to rules and regulations of the company.
Employee/Intern/Contractor Confidentiality Agreement
I, _____________ do hereby agree with _______________ Private Limited and all of its associate companies to abide by the following in consideration of the compensation paid to me by _______________ Private Limited for services, in any capacity, as an Employee, Associate, Intern, Part Time Employee or a Contractor.
1. I shall disclose, fully and promptly, to _______________ Private Limited, all improvements and developments made or conceived, in whole or in part, by me during the term of my employment with _______________ Private Limited, relating to products, processes, services or methods that may be of interest to _______________ Private Limited in its business.
2. I shall not disclose to anyone, directly or indirectly, except as my duties at _______________ Private Limited may require, during or subsequent to the term of my employment by _______________ Private Limited, any trade secret or confidential information regarding _______________ Private Limited's business. Trade Secrets and Confidential information for this purpose shall include, but not be limited to, product information, process information, customer lists, company policies and procedures and financial information (including results, budgets and other financial plans and systems) not already available to the public. In the event my employment with _______________ Private Limited shall terminate, I agree to return to _______________ Private Limited all such trade secret and confidential information in my possession.
3. I am aware that _______________ Private Limited does not expect nor does it want me to disclose trade secrets or other confidential information of any of my former employers, and I acknowledge my responsibility not to disclose to _______________ Private Limited any information in the nature of a trade secret that would violate my legal obligation to others.
4. This AGREEMENT may not be modified on behalf of _______________ Private
Limited in whole or in part except by a statement in writing signed by an
executive officer of _______________ Private Limited.
For _______________ Private Limited
Signature Signature Signature Signature
(General Manager HR)