Offer Letter With NDA Standard1

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Dated

<Name>
<Address>

Subject: Appointment to the Position of <Name of Position>

Dear

This is with reference to your application and the subsequent interview with us. We are glad to offer
you an appointment for the above position with our organization with effect from <date of joining>.

Terms and Conditions:

1. Non Disclosure Agreement


You will be required to sign a confidentiality agreement which is annexed along with and will
constitute a part of the appointment letter. Breach in any of the provisions of the confidentiality
agreement as annexed with this letter, would render your services liable for termination with immediate
effect not withstanding any other conditions in the appointment.

2. Salary and Other Benefits


a. Your salary shall be as per Annexure I
b. You shall also be entitled to other allowances and benefits, as may be applicable to the staff of your
status and Level 1 at the centre of your posting.

Important: The compensation information is company confidential. We request you to use discretion
in handling your compensation related information. As a company policy, we prohibit sharing this
information with other employees or unauthorised personnel .Any violation of this will be treated as
serious matter by the company.

3. Duties & Responsibilities


a. You shall discharge the functions, responsibilities and duties as may be assigned to you from time to
time during the course of your employment with the company efficiently, diligently and in the best
interest of the company.
b. While in employment with the company, you would not be employed with any other company on a
temporary or part time basis or offer your services with or without pay to any physical person, legal
entity or public authority or be occupied in your business without prior written consent of the company.
c. You shall not give out to anyone during the period of your service and even afterwards by word of
mouth or otherwise, particulars or details of manufacturing or other processes, technical know-how,
security arrangements, administrative and/or organisational matters of confidential secret nature.
Indulgence in any such activity shall render you liable for termination with immediate effect.
d. You will be responsible for safe keeping and return in good condition and order of all the properties
of the company which may be in your use, custody, care or charge .For the loss of any property in your
possession the company has the right to assess on its own basis and recover the damages of all such
material from you and to take such action as it deems proper in the event of your failure to account for
such material or property to its satisfaction.

4. Probation/Confirmation
a. You will be on a probation for a period of 6 months whereafter subject to your performance and
conduct being satisfactory; you will be confirmed in your present capacity. Till such time that you are
confirmed in writing, you shall continue to be on probation.

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b. During the period of your probation your services are liable to termination upon 1 month of notice
from either side, or basic salary in lieu thereof, and after confirmation, upon giving 2 month notice
from either side.

4. Transfer
a. Your services are liable to be transferred within the company or to any of its subsidiaries or associate
companies anywhere in India or abroad on the similar terms and conditions of employment.
b. All benefits accrued but unutilised by you up to the date of change to which you are entitled can be
availed from the new location.

5. Promotion
a. Advancement both in terms of promotion & increase of pay will depend solely on your performance
and will not be a matter of right.

6. Termination
a. Your services are liable to be terminated without any notice or basic salary in lieu thereof for
misconduct without being exhaustive and without prejudice to the general of the term “misconduct” in
case of reasonable suspicion of misconduct, disloyalty, commission of any act involving moral
turpitude, any act of indiscipline or inefficiency as compared to other employee or lower performance
as compared to other employee.

7. General
a. You will be governed by the Service Rules and Regulations including the conduct, discipline and
appeal rules, administrative orders and any such other rules.
b. The company provides :
 12 Casual leaves (per annum i.e. one per month of service)
 24 Privilege Leaves (per annum). PLs can be availed by employees only after their
confirmation with the Company.
c. In the event of your absence from work for more than seven days without written permission from
your manager, it would be assumed that you have voluntarily abandoned the services of the
organisation, and your services with the organisation would stand severed.
d. You are appointed on the basis of your educational qualification and experience mentioned by you in
your application. In case the facts mentioned therein are found to be incorrect, this will result in
termination of your appointment without any notice or salary in lieu thereof.
e. You will intimate in writing to the company any change of address within a week from the change of
the same.
f. You will hand over the charge and the property and material in your possession at the time of
cessation of your employment with the company.
g. The designation assigned is subject to change depending upon work assignments from time to time.

Please sign the duplicate copy of this letter in token of your acceptance of the above terms and
conditions on receipt of this letter and report for your duties at 667, Udyog Vihar, Phase – V, Gurgaon.

Yours Truly,
For BITS Information Technology Solutions Ltd.

Head- Resourcing

Kindly submit the following documents on the day of your joining:

 4 Passport size Photographs.


 Copies of Certificate of Educational Qualifications
 Copy of Relieving Letter from previous employer
 Work Experience Details (with supporting documents)
 Salary Certificate from previous employer

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 Form -16 from previous employer.
 Permanent address proof i.e. copy of the passport, Voter I-card, Driving License, Ration Card
etc.

ACCEPTED AND AGREED

Name: ----------------------------------------------------------

Signature: ----------------------------------------------------------

Date: ----------------------------------------------------------

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BITS Information Technology Solutions Ltd

(Annexure 1)

Name
Level
Gross Compensation (Rs per annum)

Components Per Annum (Rs)

Basic
House Rent Allowance
Conveyance Allowance
Vehicle Maintenance Allowance
Medical Expense Reimbursement
Special Allowance

Please note that compensation information is strictly confidential. We request you to use discretion in
handling your compensation related information. As a company policy, sharing this information with
other employees or unauthorized personnel is prohibited. The company will treat any violation to this
as serious matter.

Head- Resourcing
Employee Acceptance

Name :

Signature :

Date :

Effective Date : 26th April 2006

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Non – Disclosure Agreement

In Consideration of my employment in BITS Information Technology Solutions Limited, having


registered office at 75/3 Link Road, Lajpat Nagar, New Delhi, or any of its successors, assigns,
affiliates or subsidiary companies (hereinafter referred to as “the company”), I, agree as follows :

Confidentiality

Company information
I agree to regard and preserve as confidential all information obtained by me relating or pertaining to
the Company’s business, projects, products, customers, trade secrets, confidential information
(including business and financial information) or unpublished know-how, and not to publish or disclose
any part of such information to others or use the same for my own purpose or the purposes of others,
during the term of this employment or thereafter. Any information of the Company which is not readily
available to the public shall be considered by me to be confidential information and, therefore, within
the scope of this Agreement, unless the Company advises me otherwise in writing.

Liability on termination of service

I agree that upon termination of my employment with the Company (voluntary or otherwise), I will
return to the Company all things belonging to the Company and if at any time after the termination of
Employment, I or the Company determines that I have any confidential information in my possession
and control, I shall also return the same to the Company and that all documents, records, notebooks and
tangible articles containing or embodying confidential information, including copies thereof, then in
my possession or control, whether prepared by me or others, and leave the same with the Company. I
recognize and understand that the unauthorized taking of any of the Company’s trade secrets is a crime
and is punishable. I , further recognize that such unauthorized taking of the Company’s trade secrets
may also result in civil liability and that a willful taking may result in an award against me for the
Company’s attorney’s fees and triple the amount of the Company’s claim to damages.

Information pertaining to the department

Being a member of Human Resources / Administration / Finance / Software Solutions /Business


Development Department and having access to the Company’s information, I undertake not to disclose
any information to others or use it for personal gains without proper authorization from the competent
authority. If any leakage is attributed to me or the Company has prima facie evidence against me, I
agree that my services maybe terminated without any liability to the Company. I further understand
that the Company may initiate action for criminal breach of trust against me. I agree to be accountable
for the information management, and I understand that the management may take such action against
me as it deems fit, for any lapse on my part. I also agree and undertake to inform the company of any
fact or incident which would affect the exclusive right of the Company to any Information and in
particular I agree and undertake to inform the Company of any breach by any fellow employee, if it
comes to my notice.

Unfair competition

During employment
I agree that during my employment with the Company, I will not interfere with the business of the
Company in any manner. Particularly, but without limitation, I agree to refrain from planning or
organizing a competitive business during my term of employment.

Signature of employee Signature of witness Authorized Signatory for Company

_____________________ ___________________ ______________________________

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Following termination

I agree that, for a period of one (1) year immediately following my termination of the employment with
the Company (voluntary or otherwise), I will not render services, directly or indirectly to a conflicting
organization, except that I may accept employment with a conflicting organization, if I inform the
Company prior to joining such employment.

I further agree that, for a period of one (1) year immediately following my termination of employment
with the Company (voluntary or otherwise), I will not interfere with the business of the Company in
any manner. Particularly, but without limitation, I agree to refrain from the following acts:

- Initiating contact with any employee, consultant or other independent contractor of the company for
the purpose of hiring away such employee, consultant or other independent contractor;

- Soliciting customers of the Company;

- Working with any customer/client of the Company who was such customer/client of the Company
during the last one (1) year immediately preceding the date of my termination.

- Disclosing the information vis-a-vis any Department to the competitors or making use of such
information for personal gain.

C. General provisions

If any portion of this Agreement is found to be void or unenforceable, it shall be severed there from,
leaving in force the remainder of this Agreement.

This Agreement will be binding upon my heirs, assigns, executors, administrators or other legal
representatives.

No waiver or modification of any of the terms or provisions of this Agreement shall be valid unless
contained in writing and signed by both myself and the Company.

In the event that any legal action becomes necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable
attorney fees and expenses as shall be fixed by a court of competent jurisdiction.

I agree to this Agreement being read in conjunction with my employment agreement dated _________
(hereinafter called the “Employment Agreement”) and even if the Employment Agreement is
terminated, my obligations under the Agreement will remain outstanding till the suitable discharge of
these obligations by me to the satisfaction of the Company.

I hereby confirm, that in the event that I leave the employment without observing the proper procedure
detailed in the Employment Agreement, I will not withdraw any outstanding amount payable to me till
all outstanding claims are settled by me to the satisfaction of the company.

This Agreement contains the entire understanding between myself and the Company with respect to
the subject matter thereof, and there are no representations, warranties , promises or undertakings
other than those contained in the provisions above.

THIS AGREEMENT is executed by me on this day of 2006

Signature of employee Signature of witness Authorized Signatory for Company

_____________________ ___________________ ______________________________

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