Pro-forma for Appointment Letter for Fixed-term Employment
Fixed-term employment is a contract in which a company or an enterprise
hires an employee for a specific period of time. In most case it is for a
year but can be renewed after the term expires depending on the
requirement. In a fixed-term employment, the employee is not on the
payroll of the company.
Under the fixed-term employment contract, the payout or the payment is
fixed in advance and is not altered till the term expires. However, such
contracts cannot be given for routine jobs. It is usually given out for
jobs which are temporary. It cannot be used to replace existing
employees, if he or she is on a long leave.
Pro-forma
To
.....................................
.....................................
We are pleased to offer you appointment in ......................
(Henceforth called Company), for a fixed period of employment on the
following ;-
Terms & Conditions
Designations : Refueling Associate/ Senior Refueling Associate
1. This fixed-term employment contract is for a period of 2 years
starting from ............ and will automatically come to end
on................... unless renewed by the Company for further period
of ..........................
2. Be ir clearly understood and agreed that your appointment is for a
specifies period as sated above and no notice in pay in lieu thereof to
retrenchment compensation will be payable to you nu the Management at
the end of tenure with the Company. Since your appointment is being made
for a specific period as above, you will neither have any right nor a
lien on the job held by you in the Company. You are also not eligible to
claim regular employment in the Company even if there is such a vacancy
for the post held by you or otherwise.
3. At the end of the tenure on the period as specified above or on
termination of employment with the company for any reason, you must
return all items and documents if any, failing which you will be held
guilty and suitable legal action can be taken against you.
4. You will be initially posted at......................... However,
based on business exigencies you may be relocated by the company
anywhere in India or abroad. You may be transferred to a different
position or unit/ department of the company either in existing or which
may come up pursuant to the requirements of the company. In addition,
your services may be deputed to any of our client companies for work
pertaining to or incidental to the clients business.You may be
transferred one of the company's subsidiaries or affiliates, pursuant to
the requirements of the company and / or its subsidiary / affiliates at
the sole discretion of the management.
5. Not withstanding this, in the event of the project / work at
........................ for which you are being employed comes to an
end before the above mentioned period, to the fixed-term employment
contract will stand to be terminated.
6. Be it clearly understood and agreed that you are eligible to claim
one month's notice or salary in lieu of such notice only and the
Management is not liable to pay any compensation or any claim of
remaining amount or claim of any kind for unexpired period of the tenure
mentioned above if your service is discontinued by the Management prior
to the expire of period as specified above.
7. You agree to undertake to serve............... for a minimum period
of 12 months failing which you will be liable to pay a sum of
Rs..........(Rupees................) in lieu of the training and misc
expenses including selection process.
8. The breakup of your Total remuneration in INR is annexed herewith but can be split or modified in future.
9. You duties will include for efficient,satisfactory and economical
operation in the area of responsibility that may be assigned to you from
time to time.
10. It is a condition of your service to ensure secrecy and
confidentiality of all documents, process and techniques of Company and
Company's client and use such information only in connection with the
services provided persistently the .......................... or any
other client.
11. During the period of employment with this Company, you will not
engage yourself in any other work either paid or in honorary capacity.
12. Your appointment is being made on the basis of the information
furnished by you to the Company and in case any information as given by
you is found false or incorrect or by committing any act amount to loss
of confidence etc., your appointment will be deemed void ab intio and
liable for termination without any notice or salary in lieu of such
notice.
13. Your address, as indicated in the office record of the Company shall
be deemed to be correct for sending any communication to you. Every
communication addressed to you at the given address shall be deemed to
have been served upon you and in case there is any change in your
residential address, you will intimate the same within 3 day of such
change of address or else the address as appering on the record of the
company will be taken as your address.
14. You will be responsible for carrying out your work as assigned to you to the entire satisfaction of the Management.
15. You will be punctual and regular in your duties and will not absent
yourself or over stay your sanctioned leave without prior permission of
the Management.
16. Your services are liable to be terminated in case you are
incapacitated by reasons of illness, accident or any other cause and
cannot perform your duties, the Management may, at its option, grant
leave for reasonable time on full pay or half pay or without pay or
terminate your services. It is also made clear that if your are found
suffering from any infectious/ contagious disease, the Company may, at
its discretion, terminate your service.
17. The Company serves the right not to accept the resignation in case
of any proceedings/action pending against you or that there are
commitment for completion or other exigencies of work.
18. You are bound by the Conduct, Discipline of the Company and will
abide by the Rules and Regulations of the Company which may be in force
or introduced or amended from time to time.
19. Your appointment and continued employment shall be subject to be
found physically, medically and mentally fit for carrying out your work
as per requirement of the Company. You are to present yourself for
medical examination as and when required by the Management.
20. Your appointment and continuation in employment with Company during
the aforesaid period shall be subject to be found professionally fit
(based on periodic written/viva and skill tests) for carrying out
Operations and Maintenance work requirements of the Company including
requirement of valid passport or valid police verification certificate
as required for entry permit.
21. Privilege/earned leave shall be as per law and the prevalent
practice in the Company. Grant of leave will depend on the exigencies of
work and shall be at the discretion of the Management. Before
proceeding on privilege/earned leave, you will have to apply for leave
15 days in advance to the appropriate authority and seek the prior
sanction of leave. Similarly, for extension of leave, an application
bill have to be made in advance so as to reach positively before the
expiry of leave originally granted. Mere submission of application will
not mean that the leave has been sanctioned. The casual/sick leave will
be given as provided under the law depending upon the justification of
the ground for availing of leave and the genuine medical certificate
supported with the application of leave. Entitlement of sick leave, when
covered under the ESI Act will be only when your application will be
supported by ESI Slip. The Management will be within its rights to get
you medically examined to verify your alleged sickness.
22. Absence for a continuous period of ............ days without prior
approval of your superior (including overstay/ training) would be deemed
to be abandonment of employment by you whereby you have relinquished
your rights and claims on your employment your services would
automatically come to an end without any notice or intimation.
23. During the employment with the Company, you shall be liable for termination if :
(a) Any incorrect information furnished by you or on suppression of any
material information while seeking and continuing in the employment.
(b) Any act which, in the opinion of the Management, is an act of
dishonesty, disobedience, insubordination, incivility, intemperance,
loss of confidence, breach of trust, irregularity in finance, habitual
absence punctuality or other misconduct or neglect of duty or
incompetence in the discharge of duty on your part or the breach on your
part of any of the terms, conditions or stipulations contained in this
arrangement or a violation on your part of any of the Company's rules or
any act or omission subversive of discipline and/ or prejudicial to
interest of Company or discipline.
(c) Committing any breach of any terms of this appointment letter and code of conduct either directly or indirectly.
(d) Not to act or omit, in any manner, which would be prejudicial to the interest of the Company.
(e) Failure to comply with transfer order
(f) Misappropriation of Management money and / or misuse of Company's funds / property.
(g) Being guilty of any gross default or misconduct life sexual harassment.
(i) Failure in supervising the work of your juniors.
24. You agree to defend, indemnify and hold..............harmless from
any and all claims, damages, liability, attorney fees and expenses on
account of your failure to satisfy any of your obligations under this
work assignment.
25. In case of any breach of the terms and conditions stipulated in this
Agreement, the Management reserves its right to terminate your
engagement with immediate effect without further notice to you.
26. These terms and conditions of this appointment letter supersede any
prior oral or written understanding regarding the terms and conditions
of your employment with the Company.
27. In additions to the terms and conditions of this appointment letter,
there are other policies and procedure that apply to your employment.
The Company, for the efficient and fair administration of employment and
other business matters, formulates these policies and procedures. You
must diligently comply with the Company's policies and procedures, as
amended from time to time and noticed to you.
In case the above terms and conditions are acceptable to you, you are
requested to sign the duplicate of this letter for having understood and
having accepted the same and return the same.
For......................
Authorized Signatory
Encl. As Above
Declaration/ Acceptance
I..............S/o................., aged about............years,
residing at......................, Do hereby declare that i have read
and understood the terms and conditions of the Appointment letter
dated.............and accept the same as it is and abide by the same.
Signature of the Applicant................
Date:
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