Lay off, termination of employment and retirement. 2.1 The Company may, in the event of shortage of orders, finance, stores, power, etc., or, breakdown of machinery, equipment, communication or network systems, etc., or any serious technical issues, or any restrictions or the like placed by the Government or any statutory authority or the like, or seasonal variations or adverse climatic conditions or the like, or fire, catastrophe, civil commotion, epidemics, natural calamity, disaster, strike or slowing down of work on the part of employees, or any other sufficient cause of any nature whatsoever, temporarily stop work in any department / unit of the establishment or part thereof and lay-off any employee or employees concerned (including you), continuously or intermittently, for such period(s) as deemed necessary by the Management Company. During any period or periods of lay-off, you shall not be entitled to any wages or compensation except compensation under any applicable law; provided that, in case of lay-off for more than 45 days during any period of twelve months, no lay-off compensation, in any case, shall be payable to any employee after the expiry of the first 45 days of lay-off, whether continuous or intermittent, which you are hereby deemed to have specifically agreed to by accepting the offer of appointment and remaining in the service of the Company. (A) After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party 45 days notice or paying to the other party, in advance or simultaneously with letter, salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment / project / work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the Management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over / knowledge transfer is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relieve you earlier than the expiry of the entire period of notice, and withhold your relieving and experience letters. Your exit formalities will be initiated, and your relieving and experience letters will be issued subject, inter alia, to your fulfilling the aforesaid requirements. For removal of all doubts, it is hereby clarified that the term salary for the purposes of notice or notice period shall mean gross salary, which shall include basic salary, all the allowances, benefits and perquisites as per Appendix 1. (B) In case you, during your notice period, abruptly stop reporting to duties or if you abscond from duties or absent unauthorizedly or absent without authorization without prior information to, and prior permission from, the Management, the Management shall mark you as ‘absenting unauthorizedly’ / ‘unscheduled off’ and you shall not be entitled to any salary / wages for aforesaid period. In aforesaid situation, Company shall not be under any obligation to issue your relieving and experience letters. The term ‘unscheduled off’ shall mean ‘absenting unauthorizedly’ or ‘unauthorized absence’.
Appears in 8 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
Lay off, termination of employment and retirement. 2.1 11.1 The Company may, in the event of shortage of orders, finance, stores, power, etc., or, breakdown of machinery, equipment, communication or network systems, etc., or any serious technical issues, or any restrictions or the like placed by the Government or any statutory authority or the like, or seasonal variations or adverse climatic conditions or the like, or fire, catastrophe, civil commotion, epidemics, natural calamity, disaster, strike or slowing down of work on the part of employees, or any other sufficient cause of any nature whatsoever, temporarily stop work in any department / unit of the establishment or part thereof and lay-off any employee or employees concerned (including you), continuously or intermittently, for such period(s) as deemed necessary by the Management Company. During any period or periods of lay-off, you shall not be entitled to any wages or compensation except compensation under any applicable law; provided that, in case of lay-off lay -off for more than 45 days during any period of twelve months, no lay-off compensation, in any case, shall be payable to any employee after the expiry of the first 45 days of lay-off, whether continuous or intermittent, which you are hereby deemed to have specifically agreed to by accepting the offer of appointment and remaining in the service of the Company.
(A) After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party 45 (forty-five) days notice or paying to the other party, in advance or simultaneously with letter, salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment / project / work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the Management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over / knowledge transfer is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relieve you earlier than the expiry of the entire period of notice, and withhold your relieving and experience letters. Your exit formalities will be initiated, and your relieving and experience letters will be issued subject, inter alia, to your fulfilling the aforesaid requirements. For removal of all doubts, it is hereby clarified that the term salary for the purposes of notice or notice period shall mean gross salary, which shall include basic salary, all the allowances, benefits and perquisites as per Appendix 1.
(B) In case you, during your notice period, abruptly stop reporting to duties or if you abscond from duties or absent unauthorizedly or absent without authorization without prior information to, and prior permission from, the Management, the Management shall mark xxxx you as ‘absenting unauthorizedly’ / ‘unscheduled off’ and you shall not be entitled to any salary / wages for aforesaid period. In aforesaid situation, Company shall not be under any obligation to issue your relieving and experience letters. The term ‘unscheduled off’ shall mean ‘absenting unauthorizedly’ or ‘unauthorized absence’.
Appears in 1 contract
Samples: Employment Agreement
Lay off, termination of employment and retirement. 2.1 11.1 The Company may, in the event of shortage of orders, finance, stores, power, etc., or, breakdown of machinery, equipment, communication or network systems, etc., or any serious technical issues, or any restrictions or the like placed by the Government or any statutory authority or the like, or seasonal variations or adverse climatic conditions or the like, or fire, catastrophe, civil commotion, epidemics, natural calamity, disaster, strike or slowing down of work on the part of employees, or any other sufficient cause of any nature whatsoever, temporarily stop work in any department / unit of the establishment or part thereof and lay-off any employee or employees concerned (including you), continuously or intermittently, for such period(s) as deemed necessary by the Management Company. During any period or periods of lay-off, you shall not be entitled to any wages or compensation except compensation under any applicable law; provided that, in case of lay-off for more than 45 days during any period of twelve months, no lay-off compensation, in any case, shall be payable to any employee after the expiry of the first 45 days of lay-off, whether continuous or intermittent, which you are hereby deemed to have specifically agreed to by accepting the offer of appointment and remaining in the service of the Company.
(A) After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party 45 days 60 day’s notice or paying to the other party, in advance or simultaneously with letter, salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment / project / work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the Management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over / knowledge transfer is not given by you to the satisfaction of the Management; or if your you’re not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relieve you earlier than the expiry of the entire period of notice, and withhold your relieving and experience letters. Your exit formalities will be initiated, and your relieving and experience letters will be issued subject, inter alia, to your fulfilling the aforesaid requirements. For removal of all doubts, it is hereby clarified that the term salary for the purposes of notice or notice period shall mean gross salary, which shall include basic salary, all the allowances, benefits and perquisites as per Appendix 1.
(B) In case you, during your notice period, abruptly stop reporting to duties or if you abscond from duties or absent unauthorizedly or absent without authorization without prior information to, and prior permission from, the Management, the Management shall mark you as ‘absenting unauthorizedly’ / ‘unscheduled off’ and you shall not be entitled to any salary / wages for aforesaid period. In aforesaid situation, Company shall not be under any obligation to issue your relieving and experience letters. The term ‘unscheduled off’ shall mean ‘absenting unauthorizedly’ or ‘unauthorized absence’.
(C) Further, on your giving the notice of resignation, the Company may at its sole discretion relieve you from such date, as it may deem fit, even before the expiry of notice period, by paying salary in lieu of notice period, based on the business needs of the Company which may include without limitation client requirements or any security reasons or any productivity issues or your presence on the Company premises including without limitation on production / operation floor bringing in any negative impact on the working environment. The Company may take appropriate decision on such or similar situation. Alternatively, Company may instruct you to proceed on garden leaves with salary during the period of your notice.
(D) Company shall recognize and accept the resignation tendered via official Company email (for removal of all doubts it is hereby clarified that you are not, and shall not be, entitled / authorized / permitted to use client email for sending your resignation) or hard-copy resignation only. Therefore, any resignation submitted or informed via personal email, verbally, via sms, via telephone, via social media or any other mode whatsoever shall not be recognized or taken notice of by the Company and same shall thus be not binding upon the Company.
(E) Waiver of notice period is at the sole discretion of the Company. If Company exercises its discretion then waiver of notice period shall be in writing only therefore any verbal assurance by, or discussion with, supervisor, manager, Human Resources team, etc. would not be binding upon the Company or its management.
(F) After notice of termination, you shall cooperate with the Company, as reasonably requested by the Company, to effect a transition of your responsibilities and ensure that the Company is aware of all matters being handled by you.
11.3 Upon termination of your employment with the Company for any reason, you shall promptly return to the Company any keys, credit cards, passes, confidential documents or material, or other property belonging to the Company, and return all writings, files, records, correspondence, notebooks, notes and other documents and things (including any copies thereof) containing Confidential Information or relating to the business or proposed business of the Company. The Company reserves the right not to relieve you of your employment in the event that all the Company’s documents / property / Confidential Information in your custody have not been properly handed over by you to an authorized representative of the Company.
11.4 The Company reserves the right during any period of notice to exclude you from the premises of the Company, or to require you to carry out specified duties at premises other than those referred to in paragraph 3.1 above, or to carry out no duties, and to instruct you not to communicate with clients, client’s customers, employees, agents or representatives of the Company until your employment has been terminated, provided that you will continue to be paid and to enjoy normal contractual benefits during any such period. You shall not be entitled to engage in any other employment, work or business during the notice period. You shall not be entitled to take any leave (unless applied for and permitted in writing, and sanctioned, by the management and on such terms & conditions as may be prescribed by the management) during the notice period. Any leave sanctioned by the management shall result in extending your notice period by number of days you had taken the sanctioned leave.
11.5 You shall retire on your 60th birthday or the last day before that, if your birthday does not fall on a working day.
11.6 In addition to all the rights of the Company provided for in this employment agreement and under law, the Company may terminate your employment forthwith in any of the following circumstances: ● Breach by you of any of the terms of this employment agreement; ● Breach of any clauses of the Company’s Code of Conduct as referenced in clause 8 here in above; ● Unauthorized absence beyond a period of 5 (five) consecutive days; ● Inability to perform your duties beyond a period of (30) days, whether on medical grounds or on any other grounds; ● Physical or mental incapacitation to perform your duties; ● Any misrepresentation by you to the Company, whether made orally or in writing and whether expressly or by conduct, and whether at the time of appointment or prior or subsequent thereto; ● Commission of any act detrimental to the interests of the Company; ● Commission of any act of moral turpitude; ● Major misconduct; ● Commission of an act of insolvency; ● Conviction in any court of law for the commission of any crime; or ● Your performance is continuously measured as below expectation for a period of two months, despite due training. ● Either refusing to appear for a drug test as per company policy or failing to clear the drug test. ● Breach of Information Security Guidelines Every EXL employee must be aware of their individual responsibility to maintain compliance with Information Security, Cyber Security and Data Privacy policies and undergo periodic trainings and awareness in this area. All employees must refer to understand the Company’s requirements with respect to the collection, storage, use, transmission and disposal of information in electronic, voice or tangible written forms. The policy also details out guidelines for laptop users, access control, Email access, password management, Blackberry and PDA usage and maintaining clean desk. All the employees of EXL are required to fully comply with the aforesaid policy. It is mandatory for all employees of EXL across levels to complete the Information Security Training within prescribed timelines (for details refer to ISG policy guidelines) Notwithstanding anything contained in clause 11.6, the Company reserves the right to terminate your employment without giving any notice period or pay in lieu thereof if you are in breach of the sub-clauses of clause 11.6 hereinabove.
Appears in 1 contract
Samples: Employment Agreement
Lay off, termination of employment and retirement. 2.1 11.1 The Company may, in the event of shortage of orders, finance, stores, power, etc., or, breakdown of machinery, equipment, communication or network systems, etc., or any serious technical issues, or any restrictions or the like placed by the Government or any statutory authority or the like, or seasonal variations or adverse climatic conditions or the like, or fire, catastrophe, civil commotion, epidemics, natural calamity, disaster, strike or slowing down of work on the part of employees, or any other sufficient cause of any nature whatsoever, temporarily stop work in any department / unit of the establishment or part thereof and lay-off any employee or employees concerned (including you), continuously or intermittently, for such period(s) as deemed necessary by the Management Company. During any period or periods of lay-off, you shall not be entitled to any wages or compensation except compensation under any applicable law; provided that, in case of lay-off for more than 45 days during any period of twelve months, no lay-off compensation, in any case, shall be payable to any employee after the expiry of the first 45 days of lay-off, whether continuous or intermittent, which you are hereby deemed to have specifically agreed to by accepting the offer of appointment and remaining in the service of the Company.
(A) After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party 45 days notice or paying to the other party, in advance or simultaneously with letter, salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment / project / work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the Management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over / knowledge transfer is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relieve you earlier than the expiry of the entire period of notice, and withhold your relieving and experience letters. Your exit formalities will be initiated, and your relieving and experience letters will be issued subject, inter alia, to your fulfilling the aforesaid requirements. For removal of all doubts, it is hereby clarified that the term salary for the purposes of notice or notice period shall mean gross salary, which shall include basic salary, all the allowances, benefits and perquisites as per Appendix 1.
(B) In case you, during your notice period, abruptly stop reporting to duties or if you abscond from duties or absent unauthorizedly or absent without authorization without prior information to, and prior permission from, the Management, the Management shall mark you as ‘absenting unauthorizedly’ / ‘unscheduled off’ and you shall not be entitled to any salary / wages for aforesaid period. In aforesaid situation, Company shall not be under any obligation to issue your relieving and experience letters. The term ‘unscheduled off’ shall mean ‘absenting unauthorizedly’ or ‘unauthorized absence’.
(C) Further, on your giving the notice of resignation, the Company may at its sole discretion relieve you from such date, as it may deem fit, even before the expiry of notice period, by paying salary in lieu of notice period, based on the business needs of the Company which may include without limitation client requirements or any security reasons or any productivity issues or your presence on the Company premises including without limitation on production / operation floor bringing in any negative impact on the working environment. The Company may take appropriate decision on such or similar situation. Alternatively, Company may instruct you to proceed on garden leaves with salary during the period of your notice.
(D) Company shall recognize and accept the resignation tendered via official Company email (for removal of all doubts it is hereby clarified that you are not, and shall not be, entitled / authorized / permitted to use client email for sending your resignation) or hard-copy resignation only. Therefore, any resignation submitted or informed via personal email, verbally, via sms, via telephone, via social media or any other mode whatsoever shall not be recognized or taken notice of by the Company and same shall thus be not binding upon the Company.
(E) Waiver of notice period is at the sole discretion of the Company. If Company exercises its discretion then waiver of notice period shall be in writing only therefore any verbal assurance by, or discussion with, supervisor, manager, Human Resources team, etc. would not be binding upon the Company or its management.
(F) After notice of termination, you shall cooperate with the Company, as reasonably requested by the Company, to effect a transition of your responsibilities and ensure that the Company is aware of all matters being handled by you.
11.3 Upon termination of your employment with the Company for any reason, you shall promptly return to the Company any keys, credit cards, passes, confidential documents or material, or other property belonging to the Company, and return all writings, files, records, correspondence, notebooks, notes and other documents and things (including any copies thereof) containing Confidential Information or relating to the business or proposed business of the Company. The Company reserves the right not to relieve you of your employment in the event that all the Company’s documents / property / Confidential Information in your custody have not been properly handed over by you to an authorized representative of the Company.
11.4 The Company reserves the right during any period of notice to exclude you from the premises of the Company, or to require you to carry out specified duties at premises other than those referred to in paragraph 3.1 above, or to carry out no duties, and to instruct you not to communicate with clients, client’s customers, employees, agents or representatives of the Company until your employment has been terminated, provided that you will continue to be paid and to enjoy normal contractual benefits during any such period. You shall not be entitled to engage in any other employment, work or business during the notice period. You shall not be entitled to take any leave (unless applied for and permitted in writing, and sanctioned, by the management and on such terms & conditions as may be prescribed by the management) during the notice period. Any leave sanctioned by the management shall result in extending your notice period by number of days you had taken the sanctioned leave.
11.5 You shall retire on your 60th birthday or the last day before that, if your birthday does not fall on a working day.
11.6 In addition to all the rights of the Company provided for in this employment agreement and under law, the Company may terminate your employment forthwith in any of the following circumstances:
(i) Breach by you of any of the terms of this employment agreement;
(ii) Breach of any clauses of the Company’s Code of Conduct as referenced in clause 8 hereinabove;
(iii) Unauthorized absence beyond a period of 5 (five) consecutive days;
(iv) Inability to perform your duties beyond a period of (30) days, whether on medical grounds or on any other grounds;
(v) Physical or mental incapacitation to perform your duties;
(vi) Any misrepresentation by you to the Company, whether made orally or in writing and whether expressly or by conduct, and whether at the time of appointment or prior or subsequent thereto;
(vii) Commission of any act detrimental to the interests of the Company;
(viii) Commission of any act of moral turpitude;
(ix) Major misconduct;
(x) Commission of an act of insolvency;
(xi) Conviction in any court of law for the commission of any crime; or
(xii) Your performance is continuously measured as below expectation for a period of two months, despite due training.
(xiii) Either refusing to appear for a drug test as per company policy or failing to clear the drug test.
(xiv) Breach of Information Security Guidelines Every EXL employee must be aware of their individual responsibility to maintain compliance with Information Security, Cyber Security and Data Privacy policies and undergo periodic trainings and awareness in this area. All employees must refer to to understand the Company’s requirements with respect to the collection, storage, use, transmission and disposal of information in electronic, voice or tangible written forms. The policy also details out guidelines for laptop users, access control, Email access, password management, Blackberry and PDA usage and maintaining clean desk. All the employees of EXL are required to fully comply with the aforesaid policy. It is mandatory for all employees of EXL across levels to complete the Information Security Training within prescribed timelines (for details refer to ISG policy guidelines) Not with standing anything contained in clause 11.6, the Company reserves the right to terminate your employment without giving any notice period or pay in lieu thereof if you are in breach of the sub-clauses of clause 11.6 hereinabove.
Appears in 1 contract
Samples: Employment Agreement
Lay off, termination of employment and retirement. 2.1 11.1 The Company may, in the event of shortage of orders, finance, stores, power, etc., or, breakdown of machinery, equipment, communication or network systems, etc., or any serious technical issues, or any restrictions or the like placed by the Government or any statutory authority or the like, or seasonal variations or adverse climatic conditions or the like, or fire, catastrophe, civil commotion, epidemics, natural calamity, disaster, strike or slowing down of work on the part of employees, or any other sufficient cause of any nature whatsoever, temporarily stop work in any department / unit of the establishment or part thereof and lay-off any employee or employees concerned (including you), continuously or intermittently, for such period(s) as deemed necessary by the Management Company. During any period or periods of lay-off, you shall not be entitled to any wages or compensation except compensation under any applicable law; provided that, in case of lay-off lay -off for more than 45 days during any period of twelve months, no lay-off compensation, in any case, shall be payable to any employee after the expiry of the first 45 days of lay-off, whether continuous or intermittent, which you are hereby deemed to have specifically agreed to by accepting the offer of appointment and remaining in the service of the Company.
(A) After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party 45 (forty-five) days notice or paying to the other party, in advance or simultaneously with letter, salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment / project / work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the Management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over / knowledge transfer is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relieve you earlier than the expiry of the entire period of notice, and withhold your relieving and experience letters. Your exit formalities will be initiated, and your relieving and experience letters will be issued subject, inter alia, to your fulfilling the aforesaid requirements. For removal of all doubts, it is hereby clarified that the term salary for the purposes of notice or notice period shall mean gross salary, which shall include basic salary, all the allowances, benefits and perquisites as per Appendix 1.
(B) In case you, during your notice period, abruptly stop reporting to duties or if you abscond from duties or absent unauthorizedly or absent without authorization without prior information to, and prior permission from, the Management, the Management shall mark you as ‘absenting unauthorizedly’ / ‘unscheduled off’ and you shall not be entitled to any salary / wages for aforesaid period. In aforesaid situation, Company shall not be under any obligation to issue your relieving and experience letters. The term ‘unscheduled off’ shall mean ‘absenting unauthorizedly’ or ‘unauthorized absence’.
Appears in 1 contract
Samples: Employment Agreement
Lay off, termination of employment and retirement. 2.1 11.1 The Company may, in the event of shortage of orders, finance, stores, power, etc., or, breakdown of machinery, equipment, communication or network systems, etc., or any serious technical issues, or any restrictions or the like placed by the Government or any statutory authority or the like, or seasonal variations or adverse climatic conditions or the like, or fire, catastrophe, civil commotion, epidemics, natural calamity, disaster, strike or slowing down of work on the part of employees, or any other sufficient cause of any nature whatsoever, temporarily stop work in any department / unit of the establishment or part thereof and lay-off any employee or employees concerned (including you), continuously or intermittently, for such period(s) as deemed necessary by the Management Company. During any period or periods of lay-off, you shall not be entitled to any wages or compensation except compensation under any applicable law; provided that, in case of lay-off for more than 45 days during any period of twelve months, no lay-off compensation, in any case, shall be payable to any employee after the expiry of the first 45 days of lay-off, whether continuous or intermittent, which you are hereby deemed to have specifically agreed to by accepting the offer of appointment and remaining in the service of the Company.
(A) After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party 45 60 (sixty) days notice or paying to the other party, in advance or simultaneously with letter, salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment / project / work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the Management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over / knowledge transfer is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relieve you earlier than the expiry of the entire period of notice, and withhold your relieving and experience letters. Your exit formalities will be initiated, and your relieving and experience letters will be issued subject, inter alia, to your fulfilling the aforesaid requirements. For removal of all doubts, it is hereby clarified that the term salary for the purposes of notice or notice period shall mean gross salary, which shall include basic salary, all the allowances, benefits and perquisites as per Appendix 1.
(B) In case you, during your notice period, abruptly stop reporting to duties or if you abscond from duties or absent unauthorizedly or absent without authorization without prior information to, and prior permission from, the Management, the Management shall mark you as ‘absenting unauthorizedly’ / ‘unscheduled off’ and you shall not be entitled to any salary / wages for aforesaid period. In aforesaid situation, Company shall not be under any obligation to issue your relieving and experience letters. The term ‘unscheduled off’ shall mean ‘absenting unauthorizedly’ or ‘unauthorized absence’.
Appears in 1 contract
Samples: Employment Agreement
Lay off, termination of employment and retirement. 2.1 11.1 The Company may, in the event of shortage of orders, finance, stores, power, etc., or, breakdown of machinery, equipment, communication or network systems, etc., or any serious technical issues, or any restrictions or the like placed by the Government or any statutory authority or the like, or seasonal variations or adverse climatic conditions or the like, or fire, catastrophe, civil commotion, epidemics, natural calamity, disaster, strike or slowing down of work on the part of employees, or any other sufficient cause of any nature whatsoever, temporarily stop work in any department / unit of the establishment or part thereof and lay-off any employee or employees concerned (including you), continuously or intermittently, for such period(s) as deemed necessary by the Management Company. During any period or periods of lay-off, you shall not be entitled to any wages or compensation except compensation under any applicable law; provided that, in case of lay-off for more than 45 days during any period of twelve months, no lay-off compensation, in any case, shall be payable to any employee after the expiry of the first 45 days of lay-off, whether continuous or intermittent, which you are hereby deemed to have specifically agreed to by accepting the offer of appointment and remaining in the service of the Company.
(A) After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party 45 days «After_Probation» notice or paying to the other party, in advance or simultaneously with letter, salary in lieu of such notice or salary for such period by which the notice period falls short of. However, if the exigencies of work, business or client commitments so requires; or if you are handling any sensitive, critical, confidential or time bound assignment / project / work; or if you want to leave in the middle of work, without serving your full notice period, wherein your presence, involvement or participation is required or is deemed necessary by the Management; or if any work is pending at your end; or if Management does not find suitable replacement or substitute in your place; or if satisfactory, full and proper hand-over / knowledge transfer is not given by you to the satisfaction of the Management; or if your not serving full notice period may have adverse impact on the business, client commitments or on your team, the Company may decline to relieve you earlier than the expiry of the entire period of notice, and withhold your relieving and experience letters. Your exit formalities will be initiated, and your relieving and experience letters will be issued subject, inter alia, to your fulfilling the aforesaid requirements. For removal of all doubts, it is hereby clarified that the term salary for the purposes of notice or notice period shall mean gross salary, which shall include basic salary, all the allowances, benefits and perquisites as per Appendix 1.
(B) In case you, during your notice period, abruptly stop reporting to duties or if you abscond from duties or absent unauthorizedly or absent without authorization without prior information to, and prior permission from, the Management, the Management shall mark you as ‘absenting unauthorizedly’ / ‘unscheduled off’ and you shall not be entitled to any salary / wages for aforesaid period. In aforesaid situation, Company shall not be under any obligation to issue your relieving and experience letters. The term ‘unscheduled off’ shall mean ‘absenting unauthorizedly’ or ‘unauthorized absence’.
(C) Further, on your giving the notice of resignation, the Company may at its sole discretion relieve you from such date, as it may deem fit, even before the expiry of notice period, by paying salary in lieu of notice period, based on the business needs of the Company which may include without limitation client requirements or any security reasons or any productivity issues or your presence on the Company premises including without limitation on production / operation floor bringing in any negative impact on the working environment. The Company may take appropriate decision on such or similar situation. Alternatively, Company may instruct you to proceed on garden leaves with salary during the period of your notice.
(D) Company shall recognize and accept the resignation tendered via official Company email (for removal of all doubts it is hereby clarified that you are not, and shall not be, entitled / authorized / permitted to use client email for sending your resignation) or hard-copy resignation only. Therefore, any resignation submitted or informed via personal email, verbally, via sms, via telephone, via social media or any other mode whatsoever shall not be recognized or taken notice of by the Company and same shall thus be not binding upon the Company.
(E) Waiver of notice period is at the sole discretion of the Company. If Company exercises its discretion then waiver of notice period shall be in writing only therefore any verbal assurance by, or discussion with, supervisor, manager, Human Resources team, etc. would not be binding upon the Company or its management.
(F) After notice of termination, you shall cooperate with the Company, as reasonably requested by the Company, to effect a transition of your responsibilities and ensure that the Company is aware of all matters being handled by you.
11.3 Upon termination of your employment with the Company for any reason, you shall promptly return to the Company any keys, credit cards, passes, confidential documents or material, or other property belonging to the Company, and return all writings, files, records, correspondence, notebooks, notes and other documents and things (including any copies thereof) containing Confidential Information or relating to the business or proposed business of the Company. The Company reserves the right not to relieve you of your employment in the event that all the Company’s documents / property / Confidential Information in your custody have not been properly handed over by you to an authorized representative of the Company.
11.4 The Company reserves the right during any period of notice to exclude you from the premises of the Company, or to require you to carry out specified duties at premises other than those referred to in paragraph 3.1 above, or to carry out no duties, and to instruct you not to communicate with clients, client’s customers, employees, agents or representatives of the Company until your employment has been terminated, provided that you will continue to be paid and to enjoy normal contractual benefits during any such period. You shall not be entitled to engage in any other employment, work or business during the notice period. You shall not be entitled to take any leave (unless applied for and permitted in writing, and sanctioned, by the management and on such terms & conditions as may be prescribed by the management) during the notice period. Any leave sanctioned by the management shall result in extending your notice period by number of days you had taken the sanctioned leave.
11.5 You shall retire on your 60th birthday or the last day before that, if your birthday does not fall on a working day.
11.6 In addition to all the rights of the Company provided for in this employment agreement and under law, the Company may terminate your employment forthwith in any of the following circumstances:
(i) Breach by you of any of the terms of this employment agreement;
(ii) Breach of any clauses of the Company’s Code of Conduct as referenced in clause 8 hereinabove;
(iii) Unauthorized absence beyond a period of 5 (five) consecutive days;
(iv) Inability to perform your duties beyond a period of (30) days, whether on medical grounds or on any other grounds;
(v) Physical or mental incapacitation to perform your duties;
(vi) Any misrepresentation by you to the Company, whether made orally or in writing and whether expressly or by conduct, and whether at the time of appointment or prior or subsequent thereto;
(vii) Commission of any act detrimental to the interests of the Company;
(viii) Commission of any act of moral turpitude;
(ix) Major misconduct;
(x) Commission of an act of insolvency;
(xi) Conviction in any court of law for the commission of any crime; or
(xii) Your performance is continuously measured as below expectation for a period of two months, despite due training.
(xiii) Either refusing to appear for a drug test as per company policy or failing to clear the drug test.
(xiv) Breach of Information Security Guidelines Every EXL employee must be aware of their individual responsibility to maintain compliance with Information Security, Cyber Security and Data Privacy policies and undergo periodic trainings and awareness in this area. All employees must refer to to understand the Company’s requirements with respect to the collection, storage, use, transmission and disposal of information in electronic, voice or tangible written forms. The policy also details out guidelines for laptop users, access control, Email access, password management, Blackberry and PDA usage and maintaining clean desk. All the employees of EXL are required to fully comply with the aforesaid policy. It is mandatory for all employees of EXL across levels to complete the Information Security Training within prescribed timelines (for details refer to ISG policy guidelines) Not with standing anything contained in clause 11.6, the Company reserves the right to terminate your employment without giving any notice period or pay in lieu thereof if you are in breach of the sub-clauses of clause 11.6 hereinabove.
Appears in 1 contract
Samples: Employment Agreement
