T&C - Employee Contract - Complete (OLD)

Employee Contract Agreement

  • 06/03/2026 04:59:21
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APPENDIX A

The above amounts are based on monthly service and the amount payable to you would be determined pro-rata based on the number of days that you serve with the Company during the applicable financial year.

This is a legal binding agreement between (“You”) and ‘A PIXEL HOUSE’ (“Company” or “APH”). The Agreement is effective on .


TERMS OF AGREEMENT

This Agreement is effective on the Effective Date, and shall remain in effect throughout the term of your employment with the Company and for a period of two years thereafter.


COVENANT NOT TO COMPETE

You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes or in same line of business of that of ‘A PIXEL HOUSE’.


PURPOSE

The purpose of this policy is to lay down the principles and processes for defining how resources are allocated/reallocated/replaced and disposed to meet the needs of the Company employees, contract staff, interns or any third-party who is in working with or is possession of Company’s provided equipment(s). The policy also provides information on generic details, security details, confidentiality, holiday listing, working hours, probation terms, handling of company resources, notice period, exit formalities, etc.


APPLICABILITY

This policy applies to all Company employees, associates, interns, retainers, and probationers who are hereby referred to as 'employees' and all employees including contractual staff, vendors, and those including third parties hereby referred to as 'users'.

Company information systems include but are not limited to personal computers (laptops/desktops), e-mails, network and Internet access, files and print servers, project development servers, printers, telephones and personal devices, such as company-provided or managed smartphones and devices.

It is mandatory for all employees and users to comply with this policy while serving Company’s business from a local station location, client location, home, or any other location in any country.


DEFINITION

A. Regular full-time employees

Individuals hired directly by the Company under regular employment for external client engagements and/or operational or internal Company work.


B. Employees on fixed-term contract

Individuals hired directly by the Company under a fixed-term contract for a specific project for a maximum period of 3 years. Should be working exclusively for the Company


C. Trainees / Interns

Trainees or interns are fresh graduates hired on probation of 3 to 12 months directly by Company for providing training, after which they either need to be absorbed or terminated.



APPENDIX B

General Terms & Conditions

VERIFICATION

Your employment in the Company is subject to satisfactory verification of your certificates, testimonials and personal particulars/ credentials. The Company reserves the right to get a background check (including criminal history record search, education and employment; and personal details verification) conducted on you through nominated third party agencies. In the event that such verification or background check reveals any discrepancy in the statement(s) made in your application or in the bio-data with the Company or in the declarations made by you in this agreement, your services are liable to be terminated forthwith without any notice or compensation.


PROBATION & APPOINTMENT

Your probation will be for a period of months (mentioned above) commencing from your date of joining the Company (mentioned above).
Based on your performance during the probation period, your services may be regularized or terminated or probation period extended for a further period as specified in writing.

In case of absorption of an intern or trainee, a formal appointment letter will be provided by the Company.


WORKING HOURS & EXPECTATIONS
  • The working hours of the Company will be from 10:00am to 7:30pm on weekdays whereas alternate Saturday or half day (all Saturdays) as per the decision of the Company.
  • Since the working hour of the company starts from 10am, the company urges all the employees to be available within company premises by 10am. In case of delay post 10am, the company holds the right to change the days’ timing for the employee in question as half-day.
  • In case of absence on a day before and after weekends/holidays, the salary for those days will be deducted. For example: If an employee of the Company decides to be absent on 'Friday' and 'Monday' where 'Saturday' and 'Sunday' is holiday, the salary will be deducted for all the days including weekend.
    Applicable on all holidays with no excuses.
  • Your work is of continuous responsibility and you will be expected to complete your assigned duties within the required time frame.
  • If the employee does not maintain the office timings or meets deadlines or meets given targets, the Company reserves the right to terminate after warning(s) by the local lead in-charge.
  • Lunch hours for all employees are fixed from 02:00pm to 02:45pm everyday unless otherwise specified by team leader in local station office.
  • Work from home will not be allowed unless otherwise specified by the company or local team leader.
  • Taking files to home for any specific reason without the knowledge of team leader.


CLIENT MEETINGS & EXPENSE REIMBURSEMENT

Your job may entail you to proceed, from time to time, on assignments or client meetings at your posting state. Based on exigencies of work and at the discretion of the Company, you will be governed by the specific terms & conditions to regulate the expenses framed by the Company.

The Company will reimburse for ‘out-of-pocket’ expenses incurred by employees in accordance with advance confirmation from the leader in the station /local office.


SMARTPHONES/ HANDHELDS/ LAPTOPS / DESKTOPS
  • The Company provides flexibility to the employees of using personal smartphones/tablets/handhelds for configuring enterprise e-mail services.
  • The employees must agree to the terms and conditions set forth in this policy in order to be able to connect their devices to the Company network.
  • Company reserves the right to revoke this privilege if employees do not abide by the policies and procedures mentioned herein.
  • Connecting with your personal social accounts or working on personal projects in company premises and hours will not be entertained, thus any strong action can be taken by the local leader in-charge.
  • For personnel who carry devices provided by the company, any hardware issue, the Company will not be held responsible. The employee shall directly locate the center for servicing and/or repairs and bear the costs.
  • The employee’s device can be remotely wiped if:
    • The employee reports it stolen/lost.
    • Employment with Company gets terminated for any reason whatsoever.
    • It is detected that a data or policy breach, a virus, or similar threat to the security of Company’s data.
  • Employees are responsible for notifying their mobile carrier instantly in case of loss of a device and liable to incur all associated costs.
  • It is the responsibility of the employee to take precautions for hardware, software, and data of their devices.
  • Company reserves the right to disconnect devices or disable services without notifying.
  • Upon cessation, retirement, or termination of employment, or any other reason by which usage of provided
  • The user must return all IT assets and devices to the local station office.
  • These assets should be returned in working condition, failing which the cost will be recovered from the user / employee.
  • You must file an FIR if any IT equipment is lost in India. General diary (GD) entry is not acceptable. A copy of the FIR/related documents, as applicable, should be handed over to team leader within three working days.
  • In case of loss or damages that are beyond repair/warranty, the cost of repair or replacement will be recovered from the user.
  • External devices like pen-drives, cds, dvds, usb, etc are not allowed to be inserted in company provided pc, desktop or laptops.


CONFIDENTIALITY
  • Maintaining confidentiality is a condition to your employment.
  • 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.
  • For a period of two(2) years after the termination of your employment or internship, You shall not, at any time, disclose any trade secrets, confidential information, knowledge, data or other information of the Company relating to its services, processes, procedure(s), know-how, intellectual property, technical data, designs, customer/client lists or details, business plan(s), marketing and service plans, strategies, source codes, plugins, themes, credentials, and pricing or other subject matter pertaining to any business of the Company or any of its partners, customers, consultants, clients or affiliates (collectively, the “Confidential Information”), which Employee may produce, obtain or otherwise learn of during the course of employment with the Company. Employee shall not deliver, reproduce, or in any way allow any such Confidential Information to be delivered to or used by any third parties for any purpose (including, without limitation, any purpose harmful to or competitive with the interests of the Company) without the specific direction or consent of a duly authorized representative of the ‘A PIXEL HOUSE’. You acknowledge and agree that some of the Confidential Information may be considered “material non-public information”.
  • On discontinuation of your employment, you will return to the Company, all papers and documents and all other properties and assets pertaining to the Company or its clients or any of its associates or branches, which may be in your possession, and will not retain any copy or extract there form.


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.

By signing this agreement, you are:

  • Acknowledging and agreeing to the condition that all existing and future intellectual property rights in any materials, information and technology of the Company with unfettered rights for utilization or disposal of the same; and
  • Consenting to the Company and/ or its clients using or adapting materials to which you have contributed, in any manner and without expressly acknowledging your individual contribution.


CONFIDENTIAL AND PROPRIETARY INFORMATION

Information and materials relating to the Company, its clients, licensors and suppliers that are not publically available must be treated as confidential and proprietary (“Confidential Information”) and may only be used or disclosed for business purposes related to your employment duties with ‘A PIXEL HOUSE’. You have an obligation to safeguard Confidential Information from unauthorized use and disclosure from collogues or/and external third parties. Confidential information includes, but is not limited to, the Company’s professional, technical and administrative manuals; associated forms, processes, and computer systems (including hardware, software, databases and information technology systems); other methodologies and systems; marketing and business development plans and strategies; clients and prospect files, lists and materials; research materials; investigative materials; graphic files and medias; source codes and files; credentials of the Company and that of the clients; and project notes and plans. Because Confidential Information is extremely valuable, the Company takes measures to maintain its confidentiality and guard its secrecy. Confidential Information copied, disclosed or used by you during with the Company only as necessary to carry out Company business and, where applicable, only as required or authorized under the terms of any agreements between the Company and its clients, licensors and suppliers. You agree not to take or keep any Confidential Information when you leave the Company premises. If you are asked to disclose any Confidential Information or materials that are subject to these confidentiality restrictions, pursuant to legal process or otherwise, you must contact the leader of your station or seek Company’s consent prior to any disclosure. These confidentiality restrictions are permanent and do not lapse or cease upon your departure from the Company.
Users must only send business emails from User’s Company email account or devices and never from your personal account, i.e., not from Users hotmail/gmail account.


PROTECTION OF COMPUTER SOFTWARE / ORGANIZATION’S ASSETS

The Company has strict policy prohibiting the unauthorized reproduction or use of computer software purchased or licensed from an outside vendor. All Company property / assets, including any copies thereof, must be returned to the Company on termination of employment or whenever requested by the Company.

You will be provided with access to a computer for your business use in the office. If you are allocated a portable computer for use with your work, you are required to take additional responsibility for the physical security of the equipment as well as the information stored therein. You must make yourself aware of and comply with the Company’s relevant policies on the appropriate use of email and the internet. You acknowledge and agree that the Company reserves the right to monitor your usage of the Company’s computer(s) and IT system/ resources towards ensuring that there is no unauthorized or inappropriate usage thereof.


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.


ONLINE REPUTATION

Any employee who has ever been a part of the company for more than one day, cannot give online ratings below highest rating provided by the platform.


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

Note: The experience will be counted from the date of joining the Company.

The employee may at any time during the course of the employment by stating their intention to do so in writing, terminate the employment by giving notice as above or a salary payment in lieu of that notice. The Company may require an employee to complete all operative parts of the assignment or project he/she may be involved in on the date of resignation as determined by the Company before agreeing to his/ her release. If in exceptional cases, the Company agrees to employee’s requests for an early release, the Company will recover the salary or part thereof equivalent to the balance notice period. Also, the Company reserves the right to terminate the employment of any employee at any given point of time for any reason they deem fit without any prior notice.


EXIT FORMALITIES

Before termination of employment, you will require to complete exit formalities and sign necessary forms in this regard, as per the policy of the Company you will be required to return all documents and properties or assets (including copies thereof) belonging to the Company before your last working day in order to obtain release. 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, except with specific written permission from the Company.

On exit or termination of employment on any type of grounds, employee agrees that the journey with the Agency (A PIXEL HOUSE) was satisfactory and all the exit formalities have been fulfilled upto 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.

As a part of exit formalities, you have to provide in writing to us that you will be personally liable to and/ or the clients for any data/ confidential information retained by you, in any unauthorized manner or disclosed by you even, after the tenure of your employment.

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 or hardcopy), 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.


RETURN OF CONFIDENTIAL MATERIAL/S

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.


NON-SOLICITATION

During the term of your employment or internship, and for a period of two(2) years immediately thereafter, you agree not to solicit any employee or independent contractor of 'A PIXEL HOUSE' on behalf of any other business enterprise, nor shall you induce any employee or independent contractor associated with 'A PIXEL HOUSE' to terminate or breach an employment or internship.


SOLICITING CUSTOMERS AFTER TERMINATION OF AGREEMENT

For a period of two(2) years following the termination of your employment or internship, You shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of 'A PIXEL HOUSE' or any other information pertaining to them. Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of 'A PIXEL HOUSE’. (Indian Copyright Act, 1957 ("Copyright Act") Section 2 (o) of the Copyright Act protects the database which comes under the purview of the definition of the term literary work.)


INJUNCTIVE RELIEF

You hereby acknowledge that the Company will suffer irreparable harm if You breach your obligations under this Agreement; and that monetary damages will be inadequate to compensate the Company for such a breach. Therefore, if You breach any of such provisions, then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.


SEVERABLE PROVISIONS

The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.


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 on pro-rata basis.

  • Holi
  • Diwali
  • Bhai Pota / Bhai Duj
  • Kali Puja
    • Durga Puja (sapti to navmi) – Bengal Office / Bengali Employees
    • Eid / Muharram / Bakar Eid – Malaysia office / Muslim Employees
    • Christmas Eve / Easter – Christian Employees (3day holiday flexible as per cast and station location of the employee)
  • Dhussera
  • Republic Day
  • May Day
  • Independence Day
  • New Year (1st January)
  • Christmas

In case of any further festive holidays depending upon your cast or locality, please inform the authorized personnel for the changes in the policy at the time of joining.



APPENDIX C

Work from Home

INTRODUCTION

This Work-at-Home Procedure applies to employee work-at-home arrangements, whether on a continuous basis or for a specific, limited period of time or during an emergency state of lockdown.

Working-at-home is not an employee’s right or benefit and may be discontinued by the company for any business reason, at any time. Employees will be permitted to work at home at the discretion of the company.


WORK-AT-HOME CRITERIA

To be eligible for work-at-home, employees must, among other things: (1) have portable job duties; (2) have a work site and equipment (telephone, Internet, supplies, etc.) suitable for working at home; and (3) be able to work independently and productively.
Some positions, responsibilities and projects are more suitable for working from home than others and may be appropriate to maintain business continuity in the event of an emergency, or as part of a flexible work arrangement. The company has the right to examine the distinct activities, functions and tasks to determine whether a work-at-home arrangement is appropriate.


WORK SCHEDULE
  • As is required for the company, duty hours will be usual as regular work hours at the office from 10:00am to 7:00pm. The employee formal care arrangements must be maintained during these working hours including regular break-hour(from 2:00pm to 2:45pm).
  • All Saturdays will be working in case of long term work from home plans.


EQUIPMENT, SUPPLIES AND 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.

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.


SECURITY

All company information security protocols and records/media management and retention policies that apply at the regular company worksite apply when the employee works-at-home. All the company or material of clients of the company should not be shared, distributed, used, reused, showcased, etc without the knowledge and written consent of the company. Any type of use, showcase, distribution, sharing without consent of the company will be treated as piracy/theft and company holds the right to sue the employee to complete extent of the law.


EMERGENCY LOCKDOWN

In case of emergency lockdown of the state or country, all the increment related formalities will be delayed till all office activities are completely resumed before making any further decision.

In case of newly hired employees, the lockdown duration will not be included/counted in probation period.
Company holds the right to terminate or suspend employee services on temporary or permanent basis without prior notice in such situations.
Company holds the right to cutdown/pause the salary payment of all or some employees during the lockdown period. This will be informed prior-hand, employee can choose to work during that tenure under the modified terms.

Since company has held hands and kept the job of each of its employee intact and paid their full salaries on time, this contract enforces each of those employees to continue their jobs for the same period, post lockdown. In case any employee decides to terminate their job before the specified period as mentioned, they will be liable to pay their salary amounts equal to lockdown period. For example, if the lockdown is for 2 months, this contract enforces the employee to continue working for the next 2 months post lockdown (paid) with no excuse of termination or suspension of services. In case an employee has to leave 1month post lockdown, he/she is liable to pay for entire 2months of lockdown salary as compensation to the company. In case this is not followed, company holds the right to sue employee or make it their goal to inform any or all management of their following jobs thereafter.


COMPANY, STATE, AND DEPARTMENT POLICIES

This Agreement is to be construed pursuant to the laws of the State of West Bengal. You agree to submit to the jurisdiction and venue of any court of competent jurisdiction in Kolkata, West Bengal without regard to conflict of law’s provisions, for any claim arising out of this Agreement.


LIABILITY

The company is not liable for injuries to third persons, including family members during the work at home tenure. The company is not liable for any damages to the employee’s personal possessions or property.


Note:

By your signature below you acknowledge that you have read and understood the foregoing Agreement and that you agree to comply with all of the terms of the Agreement.

You also understand that this document, physical or digital, can be treated as legal agreement/bond between 'A PIXEL HOUSE' and ' ', thus can be used in the court of law if the Company deems fit.

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06/03/2026 04:59:21

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