Professional Documents
Culture Documents
1. General
a)The employee shall be paid his salary on the date specified in the main details of this
Agreement. Kelly Services shall not be responsible for any delays in payment of salary of the
employee caused by his or her late submission of attendance. For prompt and accurate payment
of salary, the contract employee should keep Kelly Services informed about all payments due to
him/her
b) It is agreed by the employee, that this present engagement on contract shall be co-terminus
with Terms of Business/Main Contract between Kelly and its Client where being placed in terms
of this engagement. In case, same is determined before the expiration of Contract period on any
account whatsoever, in that eventuality the services of employee shall also come to an end
immediately. The employee has understood in clear terms that tenure of its contract for
employment is dependent upon the tenure of the agreement executed between Kelly and
Client/Organization/Institution/Entity, who is its client.
c) The employee will be based at the premises of the Client/ Firm/Organization/ Institution with
whom Kelly has entered into agreement to provide contract labour/render any particular service.
The services of the employee is liable to be transferred anywhere in India to any office/ branch /
location of the Client and / or any affiliate / associate member Client at any point of time
d) The present contract of employment shall be for the period during which contract of Kelly’s with
its Client remains in force (i.e. co-terminus with contract between Kelly & its client). In case,
contract of Kelly with Client is determined earlier than the fixed on any account whatsoever, in
that eventuality also services of employee will automatically come to an end. In case during the
subsistence of the said contract,the job requirement of the Client ceases, then also, services of
employee will automatically come to an end
e) The employee will be governed by guidelines of Kelly Services and the Client where he is
deputed, as prevailing from time to time & will abide to all the rules & regulations (Public holidays,
timings, reporting structures, working hours, leave entitlement, discipline, security requirements,
work ethics, targets etc) of that Client/Organization/ Institution where he is deputed.
f) The Employee will not claim any amount more than the amount of total salary including benefits
if any other than mentioned herein this contract unless so revised and payable and
communicated in writing except for any saving under law
g) This appointment is subject to positive background check constituting educational
qualifications, previous employments, permanent address verification and criminal record check.
The appointment will be null and void, in case of receipt of negative background check on either of
the above grounds.
2. Duties
The employee’s duties and responsibilities may be changed, amended or altered at any time by
Kelly Services at their sole discretion. An employee shall be duly notified of these changes and
amendments by Kelly Services. Further Kelly Services expects its employees to be committed to
the work and meet or exceed the expectation of the Company / its Client and maintain high level
of integrity and acumen in all working and any non-performance/ under performance is not
solicited. Further Every Employee is expected to maintain a daily diary and/or record of his/ her
working for inspection always and be able to account for all work done in earnest. Every
Employee is required to provide all information etc as may be called for by Client/ Kelly Services
from time to time.
3. Performance and Performance Appraisals
The employee shall endeavor to perform his or her duties efficiently and to the best of his or her
ability. The Employee may be called upon to submit for / undergo any training to upgrade
himself/herself to meet the requirement of the client and failure in the training may render the
Employee unfit for further engagement, this contract will become liable for suo-moto termination
without any notice etc. except for any saving under law. The Employee shall be solely liable for
any loss caused to any other person, Client, environment by his/her act and also liable to keep
Kelly Services absolved and indemnified of any liability/loss on account of his conduct.
4. Termination of Employment
In the event that the employee decides to terminate his or her employment under this agreement
with Kelly Services, he or she shall be required to give notice in writing or salary in lieu of notice
in accordance with the notice period specified in the main details of this agreement. Kelly Services
reserves its right to terminate this agreement forthwith without notice or payment in lieu of notice
in cases of poor performance, neglect of duty, misconduct, conduct not beneficial to the interests
of Kelly Services or the Client, absences from work without justifiable reasons, a breach of the
terms and conditions of this agreement, a breach of the rules, regulations, business and
operational procedures of the Client/ applicable law.
5. Absenteeism from Work
Should the employee fail to report for work for more than Five (5) days without justifiable reasons,
the contract employee’s employment shall be deemed to be terminated forthwith by the Employee
himself / herself and the Employee shall be deemed to be relieved automatically except for any
saving by law.Further if any Employee stays absent from work without proper permission/sanction
or there being leavedue to his credit and / or overstays his leave the same will render the
Employee liable for legal action and damages also.
6. Extension of Contract
The employee shall remain on Contract, unless his services are confirmed in writing by Kelly
Services.Even on expiration of initial period of Contract, the Employee shall remain on Contract
unless services are confirmed in writing.
7. Gratuity
Employees working more than five years are eligible for gratuity (Eligibility and Payment will be in
accordance with provisions of Payment of Gratuity Act. 1972 or applicable other law or as
conveyed herein this contract whichever is more beneficial). For the purpose of calculation of
gratuity, Kelly will consider the date of joining with the Client. The gratuity amount will be paid only
if Client approves and pays the amount to Kelly services. The Employee cannot seek to club any
past engagement rendered through or with Kelly Services, with this engagement.
8. Confidentiality
The employee must keep confidential all trade secrets and information which comes to his or her
attention in circumstances where he/she know or ought to know that the information is to be
treated as confidential.
Confidential information includes:
a) Technical information, plans and product specifications;
b) Employee records;
c) Business plans and forecasts;
d) Financial records, reports, accounts and proposals;
e) Client’s intellectual property;
f) Quotations and tenders submitted or prepared for submission to clients and potential
clients;
g) Clients lists, names of Client contacts and terms of trade with Client;
h) Information on client’s suppliers or the client’s other Clients would consider commercially
valuable and/or secret; and
i) Telephone lists, policy documents, training documents, quality documents and any other
internally used information regarding the operations of the client
j) Contract employee’s salary and salary details. The contract employee must not remove
information or copies of information from the Client’s premises except where the employee’s
employment requires it and where the client has given consent. The obligation of
confidentiality exists both during the employment and after the employment ceases.
Any breach of confidentiality shall be regarded as a serious misconduct for which the employee
may be dismissed or
terminated forthwith without any notice or payment in lieu of notice. On the termination of
the agreement, all papers,
records and documents in the employee’s possession shall be returned to the Client.
k) Any other Information, documentation, record, photographs, designs, processes, systems,
maps and installations which are deemed confidential by virtue of operations/ exclusive usage by
Kelly Services and leakage of the same to any unauthorized person, company, firm, organization
etc. is detrimental to the interest of Kelly services.
l) The Employee shall be duty bound to return all the property, data, information, record of Kelly
services and Client ( confidential / otherwise) while leaving services and non-return of the same
will amount of breach of confidentiality and render the Employee liable for legal action except for
saving in law.
9. Conflict of Interest
a) The employee shall not during the continuance of this agreement except with the knowledge
and consent of the client embark, engage or interest themselves whether for reward or gratuity, in
any activity which would interfere with the performance of his or her duties with the Client or
which, to their knowledge would constitute a conflict of interest with the business of the Client.
b) The employee shall also not solicit / seek / explore employment with the client and/or with any
of the competitor during the contract period (included extended period, if any) and if found doing
so the same would constitute conflict of interest and render the employee liable for legal action
including recovery of adequate damages etc.
c) Also if the employee is found indulging in any conduct, behavior and activity either in a group/
isolation, which is deemed to be against the interests of the Client/Kelly Services or violation of the
terms of this contract agreement, the same would be deemed as Conflict of Interest and render
the employee liable for legal action including termination of services without notice, recovery of
adequate damages etc.
an award as per the provisions of Arbitration and Conciliation Act. 1996 and/or as per Model
Standing Orders ( under the Industrial Employment Model Standing Orders Act.) or the
Company’s Standing Orders or Company’s Rules as notified from time to time and following
Principles of Natural Justice. That the award of the Arbitrator shall be final and binding except for
any saving in law. Acceptance of this contract by the employee shall deem acceptance of this
clause of arbitration irrevocably and will have right of having all/ any dispute be settled/ decided by
aforesaid means only except for any saving by law.
14. Severability
If any provisions of this agreement are or become illegal or unenforceable, the remaining
provisions of this agreement shall continue to apply (and the provisions which become illegal or
unenforceable amended or deleted or modified to the extent as per law automatically).
15. Disclaimer
i)In case of any discrepancy to the above mentioned Salary information or terms of appointment,
please do revert within 7 working days. In case we do not receive any communication, we hereby
confirm on your acceptance on the same
ii)Kelly Services India Private Limited and its hiring agencies do not charge any fees nor does it
accept money from candidates for the purpose of recruitment. If you have received any such
solicitation, please do not respond to it. Any candidate paying money to such illegal parties will be
doing it at his / her own risk.
Earnings:
Deductions:
Ins.Ded 384 32
Others:
Signed:
Harpreet Kaur
I hereby confirm that I have received a copy of this agreement for my records.