Employee Contract

Policy Type: Employee Contract

Last updated on: 08/01/2024

COMPENSATION AND BENEFITS

Salary Details
  • Salary will be paid on the 7th of every month for the previous month worked, unless it falls on a bank holiday, in which case the salary will be transferred to the next business day. The salary shall be paid for the period of the first day of the month to the last day of the month.
Paid Leaves
  • Each employee will be entitled to 7 paid leaves in a financial year, which runs from April 1 to March 31.
  • Employees will be eligible for paid leaves after completing 12 months of continuous service with the company.
  • The number of paid leaves will be pro-rated based on the number of months the employee has worked in the company in the financial year.
    For example, if an employee joins in October, they will be eligible for paid leaves after 12 months. Post 12 months, paid leaves will be calculated as per pro-rata basis until financial year end. Thus, it will be 3 paid leaves from month of November to March (5months). (In that case, calculation will be: 7/12 x 5 = 2.91, which rounds up to 3).
  • Paid leaves cannot be carried forward to the next financial year and any unavailed paid leaves will lapse at the end of the financial year.
  • Employees are required to provide prior notice and obtain approval from their reporting manager for availing paid leaves.
  • The company reserves the right to modify or change the paid leave policy at any time as per its discretion.
  • To take a paid leave, employees must get approval from their supervisor at least two days prior in written format.
  • Paid leaves cannot be taken before or after public holidays.
  • Paid leaves are not applicable to interns and part-time employees.
  • In case of resignation, paid leaves taken during the notice period will not be considered.
  • Unused paid leaves cannot be encashed or carried forward to the next year. It is recommended that employees use their full quota of 7 paid leaves for their own social and mental welfare.
Holidays
An employee of the Company is entitled to the following holidays in a year. Any further holiday if not approved by the authority in the state office will be considered as leave and salary for the same will be deducted.
  • Holi, Diwali, Bhai Pota / Bhai Duj, Kali Puja, Navami, Dhussera, Republic Day, May Day, Independence Day, New Year (31st December), Christmas
  • There will be two (2) flexible days for holidays as per cast / religion. For example: Bengali – Durga Puja- Saptami and Ashtami, Eid / Muharram / Bakar Eid –Muslim Employees, Christmas Eve / Easter – Christian Employees, etc.
  • The company reserves the right to modify or change the holiday policy at any time as per its discretion.
  • Alternate Saturdays are holidays, unless otherwise stated by the company.
Increment
  • The company follows a policy of providing increments to employees who have completed at least one year of service with the company. The percentage of increment is determined based on various factors such as the employee's performance, skills and knowledge improvement, and goals achieved during the period.
  • Increment system is not applicable for part-time employees or interns.
  • The administration of the company reserves the right to adjust the increment percentage for individual employees based on their performance and contribution to the company's growth.
  • It is important to note that the increment percentage may vary for each employee and the company does not entertain any discussion regarding the same. The decision of the company in this regard shall be final and binding
Bonus
  • Employees who have been with the company for more than one year are eligible for a bonus equivalent to 35% of their monthly salary. This bonus will be paid once a year on a festival or occasion determined by the company, and the specific date will be announced in advance.
  • Bonus system is not applicable for part-time employees or interns.
  • Employees under notice period won’t be part of bonus system.
  • Bonus money will be deducted from salary if employees are providing resignation after one month of bonus period
  • The company reserves the right to change the bonus policy and criteria at any time without notice.
Other
  • The Employee shall not be entitled to any other compensation except as provided for in this Contract.
Probation
  • All new employees will be on a probationary period of 10 working days from the date of joining, excluding holidays and absents. During this period, the candidate's suitability and competence for the job will be assessed by the company. If the candidate is released or opts-out within these 10 days, there will not be any pay. If the candidate works for more than 10 days, then these 10 days' payment will be provided along with the salary.
Training and Development Period
  • Every employee will be required to undergo a training and development period of [TRAINING AND DEVELOPMENT PERIOD] days.
  • During the training and development period, the employee's performance will be monitored and evaluated by the company.
  • The employee will receive training on various aspects of their job responsibilities during the training and development period.
  • The company reserves the right to terminate the employee's employment during the training and development period if their performance is not up to the mark.
  • Upon successful completion of the training and development period, the employee's employment will continue.
  • The employee will be entitled to their regular salary once the training and development period is over.
  • Employee probation salary of [PROBATION SALARY] will be applicable once the training period is over.
  • Joining letter can be provided on completion of training and development period only.
Equipment, Supplies & Telephone/Data Connection

The employee will use his/her own equipment, supplies, and telephone/Internet connection to perform his/her job duties. In special cases, the company may provide equipment necessary for the employee to perform the desired work-at-home. The equipment or facilities so provided may be used only for official company business, and must be returned to the company at the termination of the work-at-home arrangement, or upon request by the company. The employee is responsible for operating costs, home-maintenance and any other cost associated with the use of the premises as an alternate work location. In the event of equipment failure or malfunction, the employee will immediately notify the supervisor/project manager. In the event of delay in repair or replacement, or any other circumstance which makes work-at-home location impracticable, the company holds the right to mark employee as absent.

Exit Formalities
  • You are also specifically restrained from keeping copies or extracts of any of the Company’s or client’s documents with you, after your release from the services of the Company.
  • In case any employee violates the exit formalities by leaving before serving their notice period and without notifying the company with formal letter of resignation via email (career@apixelhouse.com, hr@apixelhouse.co.in ), company holds the right to not give experience letter, exit letter, bonus, etc and the employee is liable to pay remuneration/fee equal to their notice period tenure as compensation for finding their suitable replacement and training. In case employee does not adhere to this rule, company holds the right to sue the employee to complete extent of the law.
  • On exit or termination of employment, employee agrees that the journey with the Agency (A PIXEL HOUSE) was satisfactory and all the exit formalities have been fulfilled up to their satisfaction. Also, you agree that employee will not be giving any negative ratings to the agency for termination of their employment on any public or social media platforms.
  • Interns, subcontractors, and freelancers must complete their agreed-upon working tenure to be eligible for certificates. If they do not fulfill this commitment, the company reserves the right to withhold the relevant certificates or promised articles.
  • Experience letter can only be provided once the exit formality of an employee has been completed and notice period served.
  • Non-Solicitation:During the term of this Contract and for a period of 2 years after its termination, the Employee shall not solicit or attempt to solicit any customer, supplier, employee, or independent contractor of the Company for his/her own benefit or for the benefit of any other person or entity. Additionally, during the term of employment or internship and for a period of two(2) years immediately thereafter, the Employee shall not solicit any employee or independent contractor of 'A PIXEL HOUSE' on behalf of any other business enterprise, nor shall they induce any employee or independent contractor associated with 'A PIXEL HOUSE' to terminate or breach their employment or internship.
Return of Confidential Materials

Upon the termination of your employment or internship with the ‘A PIXEL HOUSE’, You shall promptly surrender and deliver to the Company (A PIXEL HOUSE / APH) all records, materials, equipment, designs, documents, notes, lists and plans and data of any nature pertaining to any digital services or Confidential Information of the Company or to the services provided by Employee (You), and Employee will not take or retain (in any form or format) any description containing or pertaining to any Confidential Information which Employee may produce or obtain during the course of Employee’s employment or internship with the Company.

Indian Penal Code, 1860 ("IPC") Any data which is in tangible movable form for e.g. in a CD or a floppy and is moved with a dishonest intention out of the possession of its lawful possessor (without the consent of the lawful possessor) attracts the provisions of theft under Section 378 of IPC. However, scope of the said statutory provision has not been extended to cover a case of data theft, where the said data is an intangible property. Therefore, with respect to such data theft (where data is an intangible property), reliance may be placed on Section 405 of the IPC which deals with criminal breach of trust.

Injunctive Relief
The parties agree that the breach of the confidentiality and non-solicitation provisions of this agreement will cause irreparable harm to the company for which monetary damages would be an insufficient remedy. Therefore, in addition to any other legal remedies that may be available, the company shall be entitled to injunctive relief to prevent any actual or threatened breach of such provisions.
Intellectual Property
The nature of work to be assigned to you might be such that the clients may retain exclusive ownership rights on the resulting work products on unconditional basis. Further, the Company may need to provide a client with material without acknowledging each individual who worked on it.
Exclusivity
During the continuance of your employment with the Company, it is a condition of your employment that you will not engage yourself in any trade, business or occupation, including private practice and consulting whatsoever.

ONBOARDING AND ASSESSMENT

Attendance and Discipline
  • Office hours are from 10am to 7.30pm.
  • Lunch break is from 2pm to 2.30pm
  • Alternate Saturdays are holidays, unless otherwise stated by the company.
  • Attendance after 10.15am will be marked as late, leaving early will be marked as half-day, and attendance after 6pm will be considered early leave. The company pays for the first three instances of late arrival or early leave. The fourth instance will be considered a half-day. After four instances, every two instances of early leave or late arrival will be considered a half-day. (only applicable for full-time employees)
  • If an employee is absent on a day before or after a holiday or weekend, the salary for those holidays will be deducted as well. This applies to all holidays. (Not applicable for employees who have been with the company for more than one year).
  • A minimum of four hours of continuous work will be considered a half-day.
  • Pay will be deducted for each day of absence.

DEVICES AND MATERIALS

Asset Management
  • Devices and materials required for work will be provided by the Company as per need basis. The employee is expected to use their own personal devices and internet connections unless otherwise specified.
  • Materials used by graphic designers, web developers, content writers, coordinators or any other employee during office hours will be the property of the Company and must be uploaded on the Company's cloud platform every evening for security and to prevent loss of files
  • Employees who use devices provided by the Company are responsible for their devices. In case of broken, lost or stolen device, employee will be liable for any associated costs.
  • In the case of any hardware issue with devices provided by the Company, the employee must directly locate the service centre for servicing or repairs and bear the costs.
  • Employees are responsible for taking precautions for hardware, software, and data of their devices.
  • Company reserves the right to disconnect devices or disable services without notifying the employee.
  • Upon cessation, retirement, termination of employment, or any other reason by which usage of provided devices is no longer required, the employee must return all IT assets and devices to the local station office.
  • All IT assets and devices must be returned in working condition. In case of any damages, the cost of repair or replacement will be recovered from the employee.
  • In case of loss or damages that are beyond repair/warranty, the cost of repair or replacement will be recovered from the employee.
  • External devices like pen-drives, CDs, DVDs, USB, etc. are not allowed to be inserted into Company-provided computers, desktops, or laptops.
  • The Company shall not be responsible for any illegal activity conducted by the employee on their personal or official devices during work hours or using company resources. The Company shall also not be held responsible for any unauthorized use or illegal nature of software being deployed or plagiarized materials being used.
  • The employee shall ensure that their personal and official devices are free from viruses, malware, and other malicious software that can harm the Company's network or client data. The Company reserves the right to conduct regular security audits of the employee's devices.
  • The employee shall take all necessary measures to secure their personal devices, such as using strong passwords and installing security software.
  • In case of any loss or damage to the client data or materials due to the use of the employee's device, the employee shall be held solely responsible and shall bear all the associated costs and liabilities. It is expected by all employees to upload all materials on cloud platform provided by the client.
  • The Company reserves the right to revoke the privilege of using personal devices for work purposes if the employee violates any of the above guidelines or the Company's policies and procedures.
  • Employees are prohibited from using any company assets, including but not limited to software, portals, and materials, for personal or freelance projects or personal use. Any assets provided by the agency or client must also be used strictly for work-related purposes and should not be used for personal use without prior approval.
  • The employee will use his/her own equipment, supplies, and telephone/Internet connection to perform his/her job duties. In special cases, the company may provide equipment necessary for the employee to perform the desired work-at-home. The equipment or facilities so provided may be used only for official company business, and must be returned to the company at the termination of the work-at-home arrangement, or upon request by the company. The employee is responsible for operating costs, home-maintenance and any other cost associated with the use of the premises as an alternate work location. In the event of equipment failure or malfunction, the employee will immediately notify the supervisor/project manager. In the event of delay in repair or replacement, or any other circumstance which makes work-at-home location impracticable, the company holds the right to mark employee as absent.
  • In case the device is lost, misplaced, theft, breaks or malfunctions, employee will be held responsible for the repair or replacement of the device provided by the company for which they are in possession of during this work-at-home time period.

REMOTE WORK RULES

Virtual Meeting Guidelines
  • All employees are required to share their complete screen during virtual meeting environment (Zoom in this case) without any exception.
  • It is strictly prohibited for any and all employees to attend office via handheld devices like phones and tablets. In case it is noticed in monthly report of virtual meeting, the candidate will be marked absent for those number of days.
  • Employees should remain at their screen at all times during office hours. If an employee needs to leave for any reason, they should inform the other members before taking leave in the breakout room.
  • All employees must log in using their assigned official IDs only. The use of personal IDs is not allowed
  • The agency reserves the right to record or gather statistical data for analysis and internal training purposes.
  • Attendance is applicable only when the employee enters the virtual meeting environment (Zoom in this case). Not being in the virtual meeting environment will be considered as non-attendance and may lead to disciplinary action.
  • During virtual meetings, employees are not required to turn on their video unless specifically requested to do so by the meeting organizer. However, in some cases such as office events or client meetings, employees may be asked to turn on their video to facilitate better communication and engagement.

CONFIDENTIALITY

Compliance with Regulations
  • After your employment or internship ends, you cannot disclose any of the Company's trade secrets, confidential information, or any other information related to its services, customers, business plans, or affiliates for two years. This includes any information that could be considered "material non-public information." You are not allowed to share or use this information with any third parties without the Company's specific direction or consent.
  • Employee individual salaries or salary of co-workers should not be discussed or communicated between employee(s) of any department, position, location or station office.
  • The employee must not share any confidential information with any third-party, including family members, friends, or other professional connections.
  • The employee must not use confidential information for personal gain, including but not limited to insider trading or using the information for a personal business venture
  • The employee must take reasonable precautions to ensure the confidentiality of any confidential information, including but not limited to using secure passwords, not leaving confidential information unattended, and not sharing confidential information with unauthorized persons.
  • The employee must report any suspected breach of confidentiality to the company immediately.
  • The employee must comply with all applicable laws and regulations regarding confidentiality, including but not limited to data protection laws and regulations.
  • All non-public information related to the Company, its clients, licensors, and suppliers must be treated as confidential and may only be used for business purposes related to your employment duties. This includes professional, technical, and administrative materials, marketing and business plans, client information, research, source codes, and project notes. You must safeguard this information from unauthorized use and disclosure. If you are asked to disclose any confidential information, you must seek the Company's consent before doing so. These confidentiality restrictions are permanent even after your departure from the Company.

EXIT PROCEDURES

Notice Period
  • The notice period for termination of employment for the various levels is set out below:
    • Minimum notice period for all employees is now thirty days i.e: Experience equal to or less than six months – thirty days prior
    • Experience above six months and equal or below one years – forty five days prior
    • Experience above one years – Sixty days prior
  • The employee may terminate their employment at any time by giving notice as per the notice period mentioned in this contract, or by making a salary payment in lieu of that notice.
  • Upon resignation, the company may require the employee to complete all ongoing assignments or projects before releasing them.
  • The company reserves the right to terminate an employee's employment at any time for any reason they deem fit, without any prior notice.

EXCLUSIVITY

Severability
  • The notice period for termination of employment for the various levels is set out below:
    • Minimum notice period for all employees is now thirty days i.e: Experience equal to or less than six months – thirty days prior
    • Experience above six months and equal or below one years – forty five days prior
    • Experience above one years – Sixty days prior
  • The employee may terminate their employment at any time by giving notice as per the notice period mentioned in this contract, or by making a salary payment in lieu of that notice.
  • Upon resignation, the company may require the employee to complete all ongoing assignments or projects before releasing them.
  • The company reserves the right to terminate an employee's employment at any time for any reason they deem fit, without any prior notice.

T&C - Employee New Contract
Home Address
Home Address
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In case of incorrect salary entered, the contract will be deemed as void by management.
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