Temporary Employment Agreement
Temporary Employment Agreement
2022
NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL
SUBMITTED TO SUBMITTED BY
Mr. Ranjan Kumar Anand Singh (2017BALLB36)
Assistant Professor Antra Sysodiya (2017BALLB37)
Vivek Gautam (2017BALLB38)
Rupnandan Rai (2017BALLB39)
Irisha Anand (2017BALLB40)
TEMPORARY EMPLOYMENT AGREEMENT
BY AND BETWEEN
Akaash Infrastructures, a private limited company incorporated under the Companies Act, 1956,
having its registered office at 45, Hoshanagabad Road, zone – I, Maharana Pratap Nagar, Bhopal –
462011, and Corporate Identity Number U72200MP2009PLC123456, through its Senior Hiring
Manager, Mr. Arvind Pandey, having Employee Identification Number SHM2010BPMP452
(hereinafter referred to as the “Company” or “Employer” or “Licensor”, which expression shall,
unless repugnant to the meaning or context hereof, be deemed to include all permitted successors and
assigns) of the FIRST PART
AND
Ms. Aarohi Shukla, Daughter of Pawan Kumar Shukla, aged 35 years, residing at Apartment 5C,
Block – D, Fortune Kasturi, Mahalaxmi Nagar, Indore – 451010 having Permanent Account Number
DPRCN5897F and Aadhaar Number 5897 5002 9641 (hereinafter referred to as the "Employee" or
“Licensee”, which expression shall, unless repugnant to the meaning or context hereof, be deemed to
include all permitted successors and assigns) of the SECOND PART
WHEREAS:
A. The parties hereto desire to enter into this Agreement to define and set forth the terms and
conditions of the employment of the Employee by the Company and have the duty of mutual
confidence and trust, and to make only lawful and reasonable demands on each other,
whether stated explicitly in the agreement or not.
B. The Employer agrees to grant licence to occupy and use of residential premises for a nominal
sum of Rupees 1500 per month.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it
is hereby covenanted and agreed by the Company and the Employee as follows:
1. DEFINITIONS AND INTERPRETATION
In this agreement the following terms shall have the following meanings:
a) “Confidential Information” shall mean to include any trade secret or other information which is
confidential or commercially sensitive and which is not in the public domain (other than through
the wrongful disclosure by the Employee) and which belongs to any Group Company (whether
stored or recorded in documentary or electronic form) and which (without limitation) relates to
the business methods, management systems, marketing plans, strategic plans, finances, new or
maturing business opportunities, marketing activities, processes, inventions, designs or similar of
any Group Company, or to which any Group Company owes a duty of confidentiality to any
third party.
b) “Employment” shall mean the employment of the Employee by the Company in accordance
with the terms of this agreement.
c) “Group Company” means the Company, any company of which it is a Subsidiary (being a
holding company of the Company) and any Subsidiaries of the Company or any holding
company, from time to time.
d) “Subsidiary Company” means a company as defined in section 2(87) of the Companies Act
2013.
e) “Termination Date” means the date on which the Employment ceases.
f) Words referring to a singular number include the plural, and words referring to a plural include
the singular.
g) “Competitive Business(es)” shall include any firm, partnership, joint venture, company and/or
any other entity and/or person that engages or carries out activities similar or competitive to the
business in which the Employer engages or proposes to engage during the term of employment.
h) Words referring to one gender include every other gender.
i) Words referring to a person or persons include companies, firms, corporations, organizations, and
vice versa.
j) Headings and titles are included in this Agreement for convenience only and shall not affect the
interpretation of this Agreement.
k) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably
necessary to give full effect to this Agreement and the events contemplated by it.
l) Any obligation on a Party not to do something includes an obligation not to allow that thing to be
done.
2. TYPE OF EMPLOYEMENT
The Employee will be employed on temporary basis for a fixed term of 3 (Three) calendar year
starting from date of commencement of employment.
3. COMENCEMENT OF EMPLOYEMENT
A) The Employee’s employment with the Employer (Employment') shall be effective from the 1st day
of February, 2022 and
B) Subject to the other terms of this Agreement (including the terms relating to termination), the
Employee will end employment with the Employer on 31st day of January, 2025
C) The Employee shall be employed with the Employer as Assistant Project Supervisor (Structural).
D) The Employer reserves the right to change designation from time to time at its sole and absolute
discretion.
E) The period of continuous Employment with the Employer shall be calculated from the
Commencement Date.
F) The Employee warrant and represent to the Employer that The Employee will not breach any
obligation binding on The Employee by reason of entering into this letter agreement or
performing any duties and obligations under it or other third party contractual obligations.
4. PROBATION
A) The Employee shall be on probation for a period of 1 (One) year from the Commencement Date.
During this period the Employer may terminate Employment by giving The Employee 15
(Fifteen) days prior written notice of termination. Employee may terminate the Employment
during the probationary period by giving the Employer 30 (thirty) days prior written notice of
termination. It is clarified that during the probationary period if the Employee give the Employer
prior notice of less than 30 (Thirty) days or purport to terminate the Employment prior to the
completion of the 30 (thirty) days’ notice period, the Employee hereby agree to pay the Employer
the proportionate part of salary for that part of the notice period that is not fulfilled.
B) At the end of the probationary period, the Employer shall:
i) If satisfied with The Employee’s performance and suitability for continued employment
shall confirm the same in writing, Or
ii) Terminate The Employee’s Employment upon giving The Employee 30 (Thirty) days
prior written notice of termination
5. COMPENSATION & BENEFITS
A) As compensation, the Employee shall be entitled to receive a CTC (Cost to Company) of Rs.
60,000 (Rupees Sixty Thousand) per month
B) This shall accrue on a daily basis and be payable in the following periodicity in arrears by the 1 st
day of the subsequent month by transfer to the Employee’s bank account. It is clarified that 'CTC
shall comprise The Employee’s total cost to the company and includes all payments made and
benefits provided by the Employer directly or indirectly to or on The Employee’s behalf, whether
as salary or otherwise.
C) The Employer may, in its sole and absolute discretion and based on performance, pay an annual
bonus ("Bonus") of up to 10% of fixed CTC. While determining the Bonus payable (if any), the
Employer may consider the regular feedback received about performance from clients, managers
and co-workers. The decision of the Employer in this respect shall be final and binding.
D) The Employee shall also use and occupy a residential apartment along with fixtures and fittings
owned by the employer at the nominal licence fee of Rs. 1500 per month, payable in advance or
on 3rd Day of each calendar month. The details, fixtures and fittings of the residential property is
annexed in Annexure I.
E) The Employee acknowledges and agrees that the compensation and the benefits, as described in
this Agreement, is the sole compensation to which the Employee is entitled in consideration for
the Employee's fulfilment of the Employee's Duties.
F) The Employer shall be entitled, at any time during employment, or in any event on the
termination of employment, howsoever arising, to deduct from remuneration and any sums
reimbursable to The Employee by the Employer, any monies due from the Employee to the
Employer including, but not limited to any outstanding advances, payment for excess holiday,
overpayment of salary and any other monies owed by the Employee to the Employer pursuant to
employment with the Employer under this letter agreement.
7. LOCATION OF EMPLOYMENT
A. The Employee shall be employed at the Employer's office at 45, Hoshanagabad Road, zone – I,
Maharana Pratap Nagar, Bhopal – 462011 or such other place that the Employer may require from
time to time.
B. The Employer may at its sole and absolute discretion transfer The Employee to any other office of
the Employer within India or abroad.
C. The Employee hereby agree to travel to such parts of India and the world as necessary for the
discharge of duties as the Employer may direct or authorise.
8. OFFICE HOURS
A. The Employer's normal business hours are from 10:00 AM to 7:00 PM, from Mondays to Fridays
(otherwise than on all holidays as notified in writing by the Employer from time to time).
B. The Employee will be expected to work 40 hours a week.
C. The office hours may be amended by the Employer from time to time. However, the Employer
has the right to require The Employee to work such further hours on weekdays/weekends and on
other notified holidays, with additional payment of Rupees 375 (Three Hundred and Seventy
Five) for every hour or as determined by the Employer by reference to the need to enhance and/or
protect the Employer's interest or business.
10. CONFEDENTIALITY
A. The Employee acknowledges that, in the course of performing and fulfilling his duties hereunder,
he may have access to and be entrusted with confidential information concerning the present and
contemplated financial status and activities of the Employer, the disclosure of any of which
confidential information to the competitors of the Employer would be highly detrimental to the
interests of the Employer.
B. The Employee further acknowledges and agrees that the right to maintain the confidentiality of
trade secrets, source code, website information, business plans or client information or other
confidential or proprietary information, for the purpose of enabling the other party such
information constitutes a proprietary right which the Employer is entitled to protect.
C. Accordingly, the Employee covenants and agrees with the Employer that he will not, under any
circumstance during the continuance of this agreement, disclose any such confidential information
to any person, firm or corporation, nor shall he use the same, except as required in the normal
course of his engagement hereunder, and even after the termination of employment, he shall not
disclose or make use of the same or cause any of confidential information to be disclosed in any
manner.
D. The Employer owns any intellectual property created by the Employee during the course of the
employment, or in relation to a certain field, and he shall thereon have all the necessary rights to
retain it. After termination of employment, Employee shall not impose any rights on the
intellectual property created. Any source code, software or other intellectual property developed,
including but not limited to website design or functionality that was created by the employee,
during the course of employment under this Agreement, shall belong to the Employer.
11. DISMISSAL
A. Notwithstanding anything contained herein, employment may be terminated by the Employer and
without payment of compensation or in lieu of notice if the Employee are guilty of fraud,
negligence, misconduct, cause harm to the Employer or in any way breach the terms of this letter
agreement. Without limiting the above, the Employer shall be entitled to terminate the
Employment summarily by written notice and without any payment in lieu of notice but without
prejudice to the rights and remedies of the Employer for any breach of this Contract and to the
continuing obligations under this Contract.
B. Upon dismissal as specified above or the termination of the Employee’s Employment, the
Employee shall forthwith return to the Employer all documents, books, materials, records,
correspondence, papers and information on whatever media and wherever located) relating to the
business of the Employer or its customers or prospects, any magnetic disc on which information
relating to the business is stored and any other property of the Employer which may be in the
Employee’s power, possession, custody, care or control or which contain or refer to any
Confidential Information and shall, if requested to do so by the Employer, provide a signed
statement that the Employee have complied fully with the terms of this clause.
C. Upon dismissal, the Employee shall not be entitled to receive any accruals towards leave
encashment.
12. TERMINATION
A. This Contract shall be terminated forthwith in the event of employee’s death or upon the
dissolution of the Employer or upon dismissal of Employee.
B. The Employment may be terminated by either party by giving written notice of 15 days. The
Employer may terminate Employment by paying a salary in lieu of notice. It is hereby clarified
that the term 'salary' for the purpose of this clause shall mean the proportionate monthly CTC and
shall not include any other compensation payable to the Employee by the Employer.
C. If the Employee purport to terminate the Employment without notice or prior to the completion of
the notice period specified above, they hereby agree to relinquish any salary for that part of the
notice period that is not fulfilled. In addition, they shall also pay the Employer for the remaining
notice period for not completing the stipulated notice period. Purported termination of the
Employment without notice or on short notice or the payment of a penalty shall not and does not
absolve them of the obligation to comply fully with the terms of this Clause.
D. Once the notice of termination has been given by either Party, the Employer may at any time
before the expiry of the notice period, require the Employee to:
i. Perform such duties as directed;
ii. Perform no duties;
iii. Not have any communication with any customer or prospective customer of the Employer
in relation to the business of the Employer,
iv. Not contact or have any communication with any employee, officer, director, agent or
consultant of the Employer in relation to the business of the Employer, and
v. Not remain or become involved in any respect with the business of the Employer except as
required by the Employer, including but not limited to not attending the Employer's places
of business and requiring you to remain at home for all or part of the notice period.
E. The licence may be terminated by the Licensor if –
i. The Licensee fails to make the Licence Fee or any other payment or under this Licence, and
such failure to pay continues for more than thirty (30) days of its becoming due.
ii. The Premises become unfit for use or occupation for any reason.
iii. The Licensor is in breach of any other provision of this licence.
iv. The Licensee serves a written notice to the Licensor bringing this licence to an end 30 days
after service of such notice.
F. On the last day of employment with the Employer, the employee must immediately return to the
Employer in accordance with its instructions all equipment, correspondence, records,
specifications, software, models, notes, reports and other documents belonging to the Employer
and any copies thereof and any other property belonging to the Employer including but not
limited to keys provided to you and which are in the Employee’s possession or under control. The
Employee will provide the Employer with any passwords in your possession and which are
required to access these records, or any other such information relating to the Employer produced
in the course of employment. Furthermore, they will delete all information relating to the
Employer produced in the course of your employment which is not stored on Employer property,
including any such information stored on your personal computer. If they owe any money to the
Employer, then the Employer has the right to deduct such sums from any payment due to
Employer's other remedies to recover any sums due from them to the Employer. No outstanding
payments will be made to them until they, if so required by the Employer, confirm in writing that
they have complied with your obligations under this clause.
14. AMENDMENTS
A. The Employer reserves the right to make reasonable changes to any of the terms and conditions of
Employment and you shall be notified of such changes by way of a general notice to all
employees. Any such changes shall take effect from the date of the notice.
B. Changes will be deemed to be accepted unless the Employee notify the Employer of any objection
in writing before the expiry of the notice period of 1 month. Any such changes shall take effect
from the date of the expiry of the notice period. If the Employer receives a notification of
objection within the prescribed period, the objection will be considered and if it cannot be
resolved within a period of 30 days from receipt of the objection, the Employer will terminate the
Employment by giving notice. The decision of the Employer as to what constitutes minor changes
of detail or significant changes shall be final and binding.
C. The Employee shall not be entitled to make any changes or amendments to this Employment
Contract.
15. NOTICES
A. Any notice or other written communication given under or in connection with this Contract must
be delivered personally or sent by Registered post AD.
B. The Employer's address for service shall be its registered office or such other place as the
Employer may notify from time to time and the Employee’s address for service shall be the
address given at the head of this Contract or any other place that you may notify
C. Any notice or other written communication shall be deemed to have been served if delivered
personally, at the time of delivery or posted, at the expiry of 4 business days after it was posted
(excluding the day of posting).
D. The Employee must notify the Employer in writing of any change in your name, address, bank
account number, marital status or next of kin within one month of such change, and of any arrest,
prosecution or conviction for a criminal offence, any disciplinary action taken against the
employee by a professional or regulatory body or if you become bankrupt, apply for or have made
against you a receiving order make any composition with the employee’s creditors or commit any
act of bankruptcy.
17. COUNTERPARTS
The Agreement may be executed in two or more counterparts, any one of which shall be deemed the
original without reference to the others.
Address of Unit Licensed: Apartment 502, Sunrise High, 54 Bhadbhada Road, Near Roshanpura
Chauraha, Bhopal, Madhya Pradesh, Pin Code - 462003
THE FOLLOWING FIXTURES AND FITTINGS ARE PRESENT WITH THE LEASED
PROPERTY:
1. False Ceiling, in each of the two Bedrooms, Bathroom, Pantry, Kitchen and Living Room
2. Havells Instanio Water Geyser in Bathroom
3. Jaguars Sanitaryware in Bathroom, including three water taps, urinals, washbasins
4. Thomasville Kitchen Cabinet
5. Aquagaurd 6.2 liters Neo UV + UF + MC Water Purifier with Mineral Charge Technology
IN WITNESS WHEREOF, the Employee has hereunto set their hand, and the Company has caused
these presents to be executed in its name and on its behalf, all as of the day and year first above
written.
____________________ ___________________
(Employee) (The Employer)
Name: Ms. Aarohi Shukla Represented By: Mr. Ardind Pandey
Designation: Senior Hiring Manager
1. Rahul Dubey
S/O - Jairaj Dubey
Address - 145/26, Shaheed Jeet Singh Road
2. Md. Shahid