DENTIST ON WHEELS EMPLOYMENT POLICY
In this agreement the following terms shall have the following meanings:
a) “Confidential Information” 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) “The Employment” the employment of the Employee by the Company in accordance with the terms of this agreement;
c) “Group Company” 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” a company as defined in section 1159 of the Companies Act 2006;
e) “Termination Date” the date on which the Employment ceases.
f) “Offer Letter” the document of employment containing date of joining, compensation to employee
a. The employee would be posted as described in the offer Letter.
b. During the term period of this Agreement, the Company may change the employee’s above mentioned post (or position) or location based on the Company’s production, operation or working requirements or according to the employee’s working capacities and performance, including but not limited to adjustments made to the employee’s job description or work place, promotion, work transfer at the same level, and demotion, etc., or adjustments made to the employee’s responsibilities without any change to employee’s post (or position).
3. Term and Probation Period
a. It is understood and agreed that the first 7 (seven) days of employment shall constitute a training period (“Training Period”) during which period the Employer may, in its absolute discretion, may extend the Employee’s Training Period or terminate the Employee’s employment, without assigning any reasons and without notice or cause.
b. It is understood and agreed that after Training Period, next 90 (ninety) days of employment shall constitute a probationary period (“Probationary Period”) during which period the Employer may, in its absolute discretion, terminate the Employee’s employment, without assigning any reasons and without notice or cause.
c. After the end of the Probationary Period, the Employer may decide to confirm the Employment of the Employee, in its sole discretion.
d. After the end of the Probationary Period, this Agreement may be terminated in accordance with Clause 13.
4. Reporting Date and Time:
You expected to report to your regular duties as described in the Offer Letter.
5. Performance of Duties
a. The Employee agrees that during the Employment Period, he/she shall devote his/her full business time to the business affairs of the Company and shall perform the duties assigned to him/her faithfully and efficiently, and shall endeavour, to the best of his/her abilities to achieve the goals and adhere to the parameters set by the Company.
b. The Employee’s responsibilities as described in Offer Letter.
Subject to the following provisions of this Agreement, during the Employment Period, the Employee shall be compensated for his/her services as follows:
a. The Employee shall receive cost to company (C.T.C.) of Annexure A of the Offer Letter annually.
b. The Employee shall receive a cost to company payable in equated monthly instalments. Such payments shall be subject to such statutory deductions by the Employer.
c. Performance Bonus will only be payable by the company after the successful completion of 12 months in company and this amount will be completely based on the performance of the employee. If the employee leaves the company without notice or resigns either serving a notice period or without serving notice period or the employer terminates the employment under clause 13, in any of such case the amount will be retained by the company.
d. All payments to the employee shall be made by means of bank transfer by the Employer.
7. Obligations of the Employee
a. Upon execution of agreement, the Employee shall not engage in any sort of theft, fraud, misrepresentation or any other illegal act neither in the employment space nor outside the premise of employment. If he/she shall do so, the Company shall have right to take disciplinary action against the employee.
b. The Employee further promises to never engage in any theft of the Employer’s property or attempt to defraud the Employer in any manner.
c. The Employee shall always ensure that his/her conduct is in accordance with all the rules, regulations and policies of the Company as notified from time to time.
d. The Employee shall not take up part-time or full-time employment or consultation with any other party or be involved in any other business during the term of his/her employment with the Company.
e. The Employee shall always ensure that his/her conduct is in accordance with all the rules, regulations and policies of the Company as notified from time to time, including but not limited to Leave Policy and Sexual Harassment Policy.
f. The Employer hereby prohibits the Employee from engaging in any sexual harassment and the Employee promises to refrain from any form of sexual harassment during the course of employment in and around the premise of employment. If the Employee violates this term in the agreement, he shall be fully responsible for his/her actions and the Employer shall not be held responsible for any illegal acts committed at the discretion of the Employee.
8. Leave Policy
a. The Employee is not entitled to any paid leave during the probation period, Leave, if any will be liable for suitable deduction from monthly salary.
b. Casual Leave and Sick Leave entitlement starts after the successful completion of 3 months of this contract. The Employee will be eligible 6 days of casual leaves (CL) and 6 days of sick leaves (SL) in a year. All leaves can only be availed with the prior written consent of the management, and leaves without such consent will be unpaid leaves.
c. The company follows ‘No Work No Pay Policy’, which means, the company will not be liable to make any compensation in case of unforeseen circumstances such as under-performance, pandemic lockdowns, leaves without any prior notice to the supervisor or any other reason seems fit by the company.
d. The company observes a 6 days’ work week and The Employee shall inform his/her non availability in advance. Any absence for consecutive 3 days without prior approval will be treated as un-authorized absence from the work and Company has the right to terminate his/her engagement and take necessary legal action against employee.
a. The Employee acknowledges that any work including without limitation inventions, designs, ideas, concepts, drawings, working notes, artistic works that the Employee may individually or jointly conceive or develop during the term of Employment are “works made for hire” and to the fullest extent permitted by law, Employee shall assign, and does hereby assign, to the Employer all of Employee’s right, title and interest in and to all Intellectual Property improved, developed, discovered or written in such works.
b. Employee shall, upon request of the Employer, execute, acknowledge, deliver and file any and all documents necessary or useful to vest in the Employer all of Employee’s right, title and interest in and to all such matters.
10. Competing Businesses
During the Term of this Agreement and for a period of five (5) years after the termination of this Agreement, the Employee agrees not to engage in any employment, consulting, or other activity that competes with the business, proposed business or business interests of the Employer, without the Employer’s prior written consent.
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.
If at any time the Employee violates to a material extent any of the covenants or agreements set forth in paragraphs 6 and 9, the Company shall have the right to terminate all of its obligations to make further payments under this Agreement. The Employee acknowledges that the Company would be irreparably injured by a violation of paragraph 6 or 9 and agrees that the Company shall be entitled to an injunction restraining the Employee from any actual or threatened breach of paragraph 6 or 9 or to any other appropriate equitable remedy without any bond or other security being required.
13. Amendment and Termination
a. This contract can be terminated: During the contract period, the company can terminate his/her employment by giving a “Notice of Termination” to The Employee or by the Employer on the grounds of indiscipline or under-performance. In case such case company will not be liable to make any kind of compensation to the employee. If The Employee wants to resign, he/she is required to give a prior written notice 30 days in advance, the company at its discretion may waive the notice period, if the notice period is waived the compensation of any kind for the said period also stands waived. During The Employee’s notice period he/she shall not take any leave whether with or without prior sanction. Any request for relieving from work before completion of notice period, would be subject to availability of alternate resource for taking proper handover of the work from The Employee. Any unprofessional behavior or lackadaisical attitude during notice period will result in termination of The Employee’s services without any compensations whatsoever.
Notwithstanding the preceding clause, his/her engagement may be terminated ‘for cause’ at any time without any notice. For the purpose of this agreement termination ‘for cause’ includes, but is not limited to, any of the following: (i) theft (ii) falsification of time or other employment records (iii) dishonest act(s) (iv) negligence (v) incompetence (vi) insubordination (vii) failure of follow work rules and policies (viii) excessive absenteeism or tardiness (ix) disloyalty (x) lack of clients, work or business (xi) misbehaviour. In case such case company will not be liable to make any kind of compensation to the probationary employee. Upon the termination The Employee will be expected to return all the belongings of Dentist on Wheels to the responsible authority including Identity Cards, Visiting Cards, etc. The Employee may terminate on the last day of the month in which the date of the Employee’s death occurs; or the date on which the Company gives notice to the Employee if such termination is for Cause or Disability. For purposes of this Agreement, “Cause” means the Employee’s gross misconduct resulting in material damage to the Company, wilful insubordination or disobedience, theft, fraud or dishonesty, wilful damage or loss of Employer’s property, bribery and habitual lateness or absence, or any other wilful and material breach of this Agreement.
14. Restrictive Covenant
Following the termination of employment of the Employee by the Employer, with or without cause, or the voluntary withdrawal by the Employee from the Employer, the Employee shall, for a period of three years following the said termination or voluntary withdrawal, refrain from either directly or indirectly soliciting or attempting to solicit the business of any client or customer of the Employer for his own benefit or that of any third person or organization, and shall refrain from either directly or indirectly attempting to obtain the withdrawal from the employment by the Employer of any other Employee of the Employer having regard to the same geographic and temporal restrictions. The Employee shall not directly or indirectly divulge any financial information relating to the Employer or any of its affiliates or clients to any person whatsoever.
The interests of the Employee under this Agreement are not subject to the claims of his creditors and may not be voluntarily or involuntarily assigned, alienated or encumbered.
This agreement shall be assigned by the Employer to any successor employer and be binding upon the successor employer. The Employer shall ensure that the successor employer shall continue the provisions of this agreement as if it were the original party of the first part.
The Employee shall indemnify the employer against any and all expenses, including amounts paid upon judgments, counsel fees, environmental penalties and fines, and amounts paid in settlement (before or after suit is commenced), incurred by the employer in connection with his/her defense or settlement of any claim, action, suit or proceeding in which he/she is made a party or which may be asserted against his/her by reason of his/her employment or the performance of duties in this Agreement. Such indemnification shall be in addition to any other rights to which those indemnified may be entitled under any law, by-law, agreement, or otherwise.
Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.
Each paragraph of this agreement shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this agreement.
20. Paragraph headings
The titles to the paragraphs of this Agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.
21. Applicable Law and Jurisdiction
The Employee, understand and accept that in all disputes related to this employment letter, the decision of the Chief Operations Officer of Dentist on Wheels would be treated as final and abiding by both parties.
Further, each party hereby irrevocably submits to the exclusive jurisdiction of the courts of Lucknow, for the adjudication of any dispute hereunder or in connection herewith.
The Employee, understand and accept that all the documents presented to the employer at the time of joining are true and The Employee doesn’t hold any kind of criminal record in present or in the past, the agreement stands void if the declaration is found to be false and company will not hold any kind of liability (including any kind of compensation or the fees of attorney) whatsoever to the employee.