Appointment Letter Format with Confidentiality Agreement

OFFER / LETTER OF APPOINTMENT

Ref. No.: HR/____/____/________
Date: _______________

To,
Mr./Ms. __________________________
Address: _________________________
__________________________________

Dear Mr./Ms. __________________,

With reference to your application, interview and subsequent discussions, we are pleased to offer you appointment as __________________ with __________________ Private Limited ("Company") on the following terms and conditions.

1. Date of Joining and Place of Work. Your employment will commence on or before _______________. Your initial place of work will be __________________. You may be required to work from another office, client location, remote location or other establishment of the Company, subject to applicable law, reasonable business requirements and Company policy.

2. Designation and Duties. You will be employed as __________________ and will perform the duties normally associated with that position together with reasonable related duties assigned from time to time. You shall act diligently, honestly and in the legitimate interests of the Company and comply with lawful and reasonable instructions.

3. Compensation. Your annual cost to company / gross remuneration will be ₹__________________, with the indicative breakup stated in the Annexure. Salary and deductions will be administered in accordance with the Code on Wages, 2019, applicable rules, tax laws and other statutory requirements. No term of this letter authorises payment below a legally applicable minimum wage.

4. Probation, if applicable. You will be on probation for ______ months from the date of joining. The Company may confirm your employment in writing, extend probation where legally permissible, or take other action in accordance with this letter, Company policy and applicable law.

5. Working Hours, Weekly Rest and Overtime. Working hours, rest intervals, weekly holidays and overtime, where applicable, will be governed by the Occupational Safety, Health and Working Conditions Code, 2020, the relevant rules/notifications and any applicable State law or establishment rules. Nothing in this letter excludes a statutory entitlement to overtime or rest.

6. Leave and Holidays. You will be entitled to leave, holidays and other absence benefits according to applicable law and the Company's leave policy, as amended from time to time, provided that no policy may reduce a mandatory statutory entitlement.

7. Statutory Benefits. Provident fund, Employees' State Insurance, gratuity, maternity benefit and other social-security benefits will apply to the extent required under the Code on Social Security, 2020, applicable schemes, rules, notifications and eligibility conditions.

8. Company Policies and Workplace Conduct. You shall comply with lawful Company policies concerning conduct, information security, prevention of harassment, health and safety, use of technology, leave, travel, expenses and other employment matters. The Company will apply its policies subject to applicable law.

9. Equal Opportunity and Prevention of Sexual Harassment. Employment will be administered without unlawful discrimination. The Company's prevention-of-sexual-harassment policy and complaint mechanism will operate in accordance with applicable law, including the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

10. Transfer and Assignment. Subject to applicable law and the terms of employment, you may be transferred to another role, department, branch, establishment, affiliate or client assignment where reasonably required. Any material change affecting wages or statutory conditions will be dealt with in accordance with law.

11. Outside Employment and Conflict of Interest. During working employment, you shall not undertake another employment, business or paid engagement that creates a conflict of interest, interferes with your duties, misuses Company resources or breaches law or Company policy, unless prior written approval is obtained where required. This clause is not intended to impose an unlawful post-employment restraint of trade.

12. Confidentiality. During and after employment, you shall not improperly use or disclose confidential information or trade secrets belonging to the Company, its customers, vendors or other persons to whom the Company owes a duty of confidence. Confidential information does not include information lawfully in the public domain, independently developed without use of protected information, or required to be disclosed by law or a competent authority.

13. Personal Data and Information Security. You shall handle personal data, credentials, records and information systems only for authorised purposes and in accordance with applicable data-protection law, information-security requirements and Company policy. Employment-related personal data may be processed by the Company for lawful employment, payroll, compliance, security and administrative purposes, subject to applicable law.

14. Intellectual Property and Work Product. To the extent permitted by law, work product, software, documentation, designs, reports, inventions or other materials created by you in the course of your assigned duties using Company time, confidential information or resources will belong to the Company or will be assigned to it as required. Any pre-existing intellectual property should be identified in writing before it is incorporated into Company work.

15. Company Property. All equipment, documents, access cards, records, storage media, software, credentials and other property supplied by the Company remain Company property. You must return them promptly on request or on cessation of employment, subject to applicable law.

16. Accuracy of Information and Verification. This appointment is based on the information and documents supplied by you. Material fraud, deliberate falsification or wilful suppression relevant to employment may result in disciplinary action after following applicable law and fair procedure.

17. Medical Fitness and Health Requirements. Any medical examination or health assessment required for the role will be undertaken only where lawful, relevant and proportionate to occupational requirements, safety obligations or applicable statutory rules, with appropriate confidentiality for health information.

18. Training and Overseas / Client Assignments. You may be nominated for training or temporary assignments. The applicable travel, expense, visa, service commitment or reimbursement terms, if any, should be communicated separately in writing and must comply with applicable law.

19. Notice and Resignation. After probation, either party may terminate the employment by giving ______ days/month(s) written notice or salary in lieu of notice where permissible. During probation, the notice period will be ______ days. Any statutory procedure, retrenchment protection, notice, compensation or other mandatory requirement will prevail over this clause.

20. Misconduct and Disciplinary Action. Serious misconduct may lead to disciplinary action, including termination where legally justified. Any action will be taken in accordance with applicable law, certified standing orders/service rules where applicable, principles of natural justice and Company disciplinary policy.

21. Retirement / Superannuation. If the Company has a lawful retirement or superannuation policy applicable to your category of employment, the applicable age and conditions will be governed by that policy and applicable law. No fixed retirement age is inserted in this general template.

22. Governing Law. This appointment and employment relationship are governed by the laws applicable in India, including relevant labour and employment legislation, rules, notifications, awards, settlements, standing orders and State-specific laws. Mandatory statutory rights will prevail over inconsistent contractual terms.

23. Entire Terms and Amendments. This letter, its Annexure and policies expressly incorporated by reference contain the principal terms of appointment. Any amendment to an essential contractual term should be recorded in writing, subject always to applicable law.

We are pleased to welcome you to the Company and look forward to a productive professional association.

EMPLOYEE / INTERN / CONTRACTOR CONFIDENTIALITY AGREEMENT

I, __________________, agree with __________________ Private Limited ("Company"), in consideration of my employment, internship, engagement or other services, as follows:

1. Confidential Information. I will protect non-public information relating to the Company's business, technology, products, services, finances, customers, vendors, employees, pricing, strategy, software, systems, processes, security measures and trade secrets that I receive or access through my engagement.

2. Permitted Use. I will use confidential information only for authorised Company purposes and will disclose it only to persons who are authorised and have a legitimate need to know it. I will follow reasonable information-security and access-control requirements.

3. Exclusions. Confidential information does not include information that I can demonstrate was lawfully known to me without a duty of confidence, becomes public through no breach by me, is independently developed without use of the Company's confidential information, or is lawfully received from a third party without a confidentiality restriction.

4. Legally Required Disclosure. Nothing in this agreement prevents a disclosure required by law, court order or competent authority. Where legally permitted, I will give the Company reasonable prior notice so it may seek appropriate protection.

5. Third-Party Confidential Information. I will not bring to the Company, disclose or misuse confidential information or trade secrets belonging to any previous employer, customer or other third party.

6. Work Product and Intellectual Property. I will promptly disclose work product created in the course of my assigned duties. Rights in such work product will vest in or be assigned to the Company to the extent permitted by law and the applicable engagement terms. Pre-existing intellectual property identified by me in writing remains subject to the separately agreed licence or ownership terms.

7. Personal Data. If I access personal data in the course of my duties, I will process it only for authorised purposes and in accordance with applicable data-protection law, including the Digital Personal Data Protection Act, 2023 as and when its relevant provisions apply, together with applicable rules and Company policies.

8. Return and Deletion. On request or at the end of my engagement, I will return Company property and, subject to legal retention obligations and authorised backups, delete or surrender confidential information in my possession or control.

9. Continuing Obligation. The duty not to misuse or improperly disclose confidential information survives termination for so long as the information remains legally protectable or confidential. This agreement does not impose a general post-employment prohibition on carrying on a lawful profession, trade or business.

10. Modification and Severability. Any amendment must be in writing and authorised by the Company and the other party where required. If any provision is held unenforceable, the remaining provisions will continue to the extent legally permissible.