Offer Cum Acceptance Letter Template
A template of our offer cum acceptance letter.
[Insert Date]
[Insert Employee Name]
[Insert Employee Address]
Subject: Offer Cum-Appointment Letter
Dear <<Employee Name>>,
Wednesday Solutions (hereinafter referred to as “Wednesday Solutions” or “WS”), is pleased to offer you employment as a <<Role>>. The purpose of this letter is to describe the general terms and conditions of your employment with Wednesday Solutions with effect from your joining date.
We offer you employment on the following terms and conditions:
1. Joining Date
<<Joining Date>> or earlier, unless otherwise agreed to in writing between you and Wednesday Solutions. The Company may extend your joining date by notifying you in advance. If you fail to join on the decided date, this Offer cum Appointment Letter will stand automatically withdrawn.
Please submit all the documents mentioned in Annexure - 1 at the time of joining.
2. Reporting Officer
<<Insert Name and Designation>>
3. Location
Unless otherwise agreed to in writing you will be based in Pune. In the present circumstances of lockdown due to COVID-19, you are advised to start working remotely, from home starting from your joining date. You agree to relocate to Pune and start working from WS Pune office on a mutually agreed date. Further, depending upon Wednesday Solutions’ requirements, you may be required to travel and/ or be posted temporarily or permanently at other offices/ locations.
If agreed to in writing you may work remotely for the duration of your tenure with WS.
WS will provide you the necessary induction and indoctrination over teleconference. WS will courier to your residential address, a laptop/monitors, converters, power cord, carrying case along with licenses for any online services, design tools, software development licenses, software development frameworks, and software development IDEs and other hardware (“WS’s Property”) as is required to work on the projects assigned to you. You agree and understand that you will be responsible for maintaining WS’s Property in the same condition in which it was handed over to you. Any damage/theft of WS’s Property after it is handed over to you shall be recovered from you. Please note that if you fail/refuse to commence work with WS on your joining date, you shall promptly return WS’s Property.
4. Compensation
Your Annual Salary shall be <<Annual CTC>>, which will be paid in accordance with Wednesday Solutions’ normal payroll practices. The compensation package has been detailed in Annexure - 2.
Your remuneration package is strictly confidential between you and WS and should not be discussed with anyone nor divulged to anyone in any manner whatsoever.
In case of any change in the existing statute or introduction of a new statute, WS reserves a right to adjust the salary components within the then-existing Annual Salary to ensure that the payments are made in compliance with such statutes.
WS may from time to time, deduct any statutory deduction or withhold tax as may be required by applicable laws.
Retention Bonus: Wednesday Solutions will pay you an amount of INR <<Retention Bonus Amount>> as a retention bonus if you accept the full-time offer given to you. The retention bonus will be paid in the thirteenth (13) month from the date of your joining, subject to your performance is satisfactory to the management of WS. If you resign from your services or are terminated by the Company any time before completion of twelve (12) months of uninterrupted service, the Company reserves the right to forfeit this Retention Bonus.
Joining Bonus: Wednesday Solutions will pay you an amount of INR <<Joining Bonus Amount>> as a joining bonus if you accept the full-time offer given to you. The Joining Bonus will be paid along with the first month's salary.
5. Hours of Work
You will be required to work from Monday to Friday for nine (9) hours per day from [●] a.m. to [●] p.m. Further, depending on project/ work contingencies, work-load, and business requirements, at any given time you may be required to work outside these stated hours to participate in calls and demos, including on weekends. WS does not encourage overtime work and accordingly does not have a policy for payment of overtime.
You may also be expected to travel to other locations and at times outside of your official working hours. You may at any time be called upon to perform other than your normal duties which in the opinion of WS are within your capacity to discharge and you will forthwith undertake these duties with due care and diligence.
Expenses for any work-related / official national and international trips shall be reimbursed by the WS in accordance with the policy of WS from time to time available at playbook.wednesday.is.
6. Employment Eligibility:
This offer of employment is contingent upon a review of your education credentials and experience certificates. In addition, this offer is contingent upon the satisfactory completion of a reference check. By signing this letter, you represent that you have all the necessary approvals/licenses/visas (if applicable) to accept employment in India.
7. Probation
You will be on probation for a period of three (3) months from your actual date of joining. At the discretion of WS, the probation period may be extended, if it is found that the services provided by you are interrupted or not satisfactory.
On successful completion of the probation period, if in the opinion of WS, you are found suitable for the appointment post, your appointment will be confirmed and communicated to you in writing by WS.
During the probation period, WS may terminate your employment without any notice and/or without stating any reason thereof.
8. Annual Leave
You will be entitled to a certain amount of paid leaves which is governed by the relevant policy of WS available at playbook.wednesday.is., as applicable from time to time.
9. Background Verification Report
Upon your joining, WS or its client may directly or through a third party, carry out a detailed background verification to validate the information and credentials submitted by you. WS reserves the right to terminate your employment without notice, at any point during the course of employment, if the Background Verification Report is found incongruent with the information and credentials provided by you. Additionally, in such an eventuality, Wednesday Solutions shall require you to refund the salary /remuneration paid including employee benefits availed amongst any other benefits, till such date.
10. Accountability
You shall perform any such duties diligently and faithfully as are incidental or implied and consistent with your relevant experience, training, and qualifications or maybe reasonably delegated as being in the best interest of WS.
You agree to use all tools provided by WS for professional purposes only. Internet and email access are provided to you as business communication tools for appropriate internal and external business uses. Generation, transmission, or storage of potentially offensive information is not allowed. You also agree to always act in the interest of WS. Should you not respect this requirement of professional use, WS will have a right to take disciplinary action which may lead up to and including termination of employment.
During the period of your employment, you shall be governed by all the applicable rules, regulations, policies, procedures, and notices that are in force currently and that may come into force from time to time and they shall form the basis of your employment and shall govern all matters whether specified herein or not, including on matters such as designation, working hours, emoluments and the structure thereof, etc. WS’s decisions on all such matters will be final and binding on you. Any subsequent variations by WS to any terms, conditions, rules, or regulations generally governing the members of WS’s staff will prevail and be applicable to you. Violation of such policies could lead to disciplinary actions up to and including termination of employment.
11. Non- Solicitation, and Non-Competition:
You agree that in consideration of your engagement with WS, and other good and valuable consideration, the receipt of which is hereby acknowledged, during the term of the employment with WS and for a period of two (2) years from the termination of your employment, you shall not, directly or indirectly, either as an individual on your own account or as a partner, employee, consultant, advisor, agent, contractor, director, trustee, committee member, office bearer, or shareholder (or in a similar capacity or function)
own or operate a business in competition with the business of WS,
solicit employment with a competitor or with any existing/prospective client (in any manner whatsoever),
solicit the employment of or advise any other employee of WS to terminate his/her contract or relationship with WS or accept any contract (directly or indirectly) or other arrangements for providing services to any other person or organization, or
contact any of the existing or prospective clients of WS, to entice such clients away from WS or to damage in any way their business relationship with WS.
12. Consent Regarding Personal Data
This clause relates to the Personal Data that you may be requested to provide in connection with your employment. Personal Data includes any information related to a natural person that is, in a combination of other information or otherwise, is capable of identifying such person notably including financial information such as Bank account or credit card or debit card or other payment instrument details, physical, physiological and mental health condition, sexual orientation, medical records and history, biometric information, any information or detail relating to previous employment details, educational qualifications, and criminal record.
You hereby understand and consent to Company, without any reservations, too (i) collect any of your Personal Data or other data from your last employer or through any internal or external agencies appointed for this purpose, (ii) use or process such data in connection with your employment with WS or any matters arising from such employment, and (iii) sharing such data with any outside agencies or third parties including Company’s client for verification and validation of this information, processing in relation to employment or matters arising from such employment, or in compliance with WS’s contractual or statutory obligations.
You understand that you may withdraw the consent by informing in writing to Company’s designated representative for this purpose. You also consent and accept that if such withdrawal of consent affects the purpose for which your Personal Data was sought, Company reserves the right to take steps as it deems appropriate. You understand that this consent is obtained by WS to ensure compliance of The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and any successor laws regarding the subject.
13. Changes in Personal Details
Any change in your residential address, telephone numbers, marital status, and academic qualifications should be notified in writing to WS. All communication will be addressed to you on the last address notified by you and it will be presumed that you have received such communication addressed to you.
14. Full-Time Employment:
WS has appointed you as a full-time employee with WS and you shall devote yourself exclusively to the business and interests of WS. You will not take up any other work for remuneration (part-time or otherwise) or work in an advisory capacity, or be interested directly or indirectly (except as shareholder/debenture holder), in any other trade or business during your employment with WS, without permission in writing of the management of WS. You will also not seek membership of any local or public bodies without first obtaining specific permission from the management of WS. Any violation to exceed your specified authority as mentioned will be seriously viewed and disciplinary/appropriate legal action will be taken against you.
15. Termination/Resignation
a. Resignation by Employee: If you decide to leave WS, you may resign from your services by giving WS a prior written notice of two (2) months’ (“Notice Period”) or payment of gross salary in lieu thereof . Any shortfall in the Notice Period shall be recovered from you.
In case of resignation, WS reserves the right to:
decide whether the Notice Period shall run concurrently with the period of any leave which may be granted to you;
direct you not to perform any of your duties and to remain away from WS premises and/or not to contact clients or other employees of WS for all or part of the Notice Period.
b. Termination by WS: WS may terminate your services for convenience by giving one (1) months prior written notice (“Notice Period”) or payment of gross salary in lieu thereof. Such termination does not amount to ‘Retrenchment’ under any law and does not entitle you to any severance pay.
c. Termination for Cause: Notwithstanding anything contained above, your employment with WS may be terminated without notice or without any salary in lieu thereof if, in the opinion of WS, you, at any time:
commit any serious or persistent breach of any of the terms and conditions of this Appointment letter or any of the provisions of the employee handbook or other documents incorporated by reference in this document;
do or cause to be done any act, deed, matter or thing adverse to WS’s interests;
are guilty of any misconduct or neglect in the discharge of your duties or exercise of your powers hereunder or otherwise vested in you from time to time;
wilful slowing down in performance of work or abetment or instigation thereof;
habitual neglect of work, or gross or habitual negligence;
fail to or neglect in observing and complying fully with all resolutions, regulations, instructions, and directions from time to time made or given to you by WS;
if any information furnished by you or representation made by you is found to be incorrect or if any material information is detected by WS to have been suppressed by you or any action on your part is found to be in contravention to the terms and conditions herein;
become of unsound mind;
are accused or convicted of any criminal offense
absconding for more than ten (10) days.
Your separation from the Company pursuant to the terms of this Offer cum Appointment Letter shall not amount to ‘Retrenchment’ under any law, and thus would not entitle you to claim or receive any severance pay/retrenchment compensation.
More details on Termination/Resignation are available at playbook.wednesday.is.
16. Effect of Termination
Upon termination/resignation of your employment with WS for any reason, you:
Shall not make any statements (whether oral or written) or do anything which might damage the reputation of WS or interfere with Company’s relationship with its clients and customers.
Agree that, without prejudice to Company’s other rights and remedies, WS shall be entitled to deduct from your emoluments, the amount of any claims which WS may have against you either under the terms of your employment or otherwise.
Understand that the Service and Experience Certificate will be issued only if you have served the entire Notice Period.
17. Indemnification
You shall, at all times, indemnify and keep indemnified WS against all sums whether by way of claims, demands, damages, costs, charges, or expenses paid or incurred by WS in or in connection with any action, claim proceedings, or demand instituted or made against WS caused or occasioned by your breach, failure, default or neglect.
18. Governing Laws and Arbitration
This Offer-cum-Appointment Letter shall be governed under the laws of India and subject to the exclusive jurisdiction of courts in Pune. Any dispute between you and WS shall be settled by a sole arbitrator to be appointed by WS, the place of arbitration shall be Pune and the language of the arbitration shall be English.
19. Other terms and conditions
Severability: WS and you mutually agree that the provisions of this appointment letter are severable, and if any one provision is found to be invalid or unenforceable in whole or in part, the remainder of the agreement will remain valid and enforceable. WS and you further agree that the court may modify any provision to make it valid and enforceable.
Successors and Assigns: WS will have the right to transfer and assign this agreement and all covenants and agreements herein will inure to the benefit of and be enforceable by such successors and assigns. This agreement is personal to you and you will not be entitled to transfer or assign it in whole or in part.
Miscellaneous: Headings are for ease of reference only and do not affect the meaning of the agreement set out in this letter. Unless expressly indicated otherwise, references to monetary amounts are references to an amount expressed in the currency of India.
WS may revoke this offer of employment any-time before the joining date. Similarly, after accepting this offer, if you do not intend to join the Company, you shall have a right to inform your intentions any-time before your joining date.
This Offer-cum-Appointment Letter contains the entire understanding between you and WS concerning the subject matter hereof and is in addition to any and all prior and contemporaneous negotiations, correspondence, understandings, and agreements, whether oral or written, respecting that subject matter.
By accepting this offer, you acknowledge and agree that this Offer-Cum-Appointment Letter and the terms and conditions set forth in them accurately describe the employment relationship that you are willing to enter into with WS and you agree that the terms and conditions of the employment are fair and reasonable.
Please return a signed copy of this letter within two (2) days, as your acceptance of the terms and conditions mentioned herein, failing which this offer shall stand automatically withdrawn.
<<Employee Name>>, WS is a company that grows and is enriched by the contributions of its employees, and we look forward to your continued enthusiasm. We believe that your employment with WS will be both personally and professionally rewarding.
Very truly yours,
Kauserali Hafizji
CEO
Accepted:
By: ___________________________
Name: ________________________
Date: _________________________
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