Employee Service Agreement

An employee service agreement is a kind of Agreement, used in a contract to attribute rights and
responsibilities between parties to a bargain. The Agreement is executed between an employee and
an employer.

EMPLOYEE-SERVICE-AGREEMENT

THIS EMPLOYEE SERVICE AGREEMENT executed at Dwarka Sec-15 on this the 01 June day of
2024

BETWEEN

Cloudology Kitchenlabs Pvt. Ltd., a company incorporated under the Companies Act, 1956 Mr./Ms.
Vineet Janwani ,having its registered office at , Plot No.1, 1st floor, near old palam road, Kakrola Rd,
near shiv park, Sector 15 Dwarka, Dwarka, Delhi, 110078, hereinafter referred to as the EMPLOYER
(which expression shall, unless it is repugnant to the context, mean and include its successors-in-
interests, administrators and permitted assigns);

AND

Mr. Dev Vrit, S/) of Mr.Devender Kumar Indian, _INDIAN, residing Plot no.87B, H Block Phase-
1,Qutub Vihar, Goyla Dairy New Delhi-110071 hereinafter referred to as the EMPLOYEE.
WHEREAS

The EMPLOYER is carrying on the business of Cloudology Kitchenlabs Pvt. Ltd.

The EMPLOYER called for applications from the eligible candidates for the post Service Engineer
and in response thereto an application was forwarded by the EMPLOYEE to the EMPLOYER.

On processing the application and the relevant documents, the EMPLOYER found the EMPLOYEE
adequately qualified for the post and offered to appoint His/her as Service Engineer in the Company.

The EMPLOYEE has accepted the said appointment at the annual CTC 3.36lac as given in salary
structure in accordance with the Company’s customary payroll practices.

Head Per Month (Rs) Per Annum (Rs)

Basic 17000 204000

HRA 8500 102000

Conveyance Allowances 2500 30000

Total 28000 336000

NOW THEREFORE IN CONSIDERATION OF THE MUTUAL OBLIGATIONS AND UNDER TAKINGS

CONTAINED HEREIN THIS AGREEMENT WITNESSETH AS FOLLOWS

NAME OF THE POST: The said EMPLOYEE is hereby appointed as a Service Engineer.

1. PROBATION AND CONFIRMATION:

The EMPLOYEE shall be on probation for a period of 3 months. The decision of the management on
the performance of the EMPLOYEE during the period of probation is final and binding on the
EMPLOYEE.
DURATION OF EMPLOYMENT: On successful completion of probation, the EMPLOYEE shall be
appointed as a permanent EMPLOYEE of the EMPLOYER.

2. PLACE OF POSTING: The EMPLOYEE shall report to work at DWARKA SEC-15 at any office as
stated by the company.

Below Term and Condition Applicable from 01-Jan-2024

3. HOURS OF WORK: The EMPLOYEE is required to work from 10:30 am TO 07:00 pm during the
Weekdays. The weekly holiday would be on Sunday. Lunch Break Timing: 2:00 pm to 2:30 pm
(Afternoon).
 Late to office by more than 15 mins and less than 30 mins for 3 days in a month : ½ day leave
 Late to office by more than 30 mins for 3 days in a month : 1 day leave
 Early departure from office by more than 30 mins and less than 1 hr for 3 days in a month : ½
day leave
 Early departure from office by more than 1 hr for 3 days in a month : 1 day leave
 If no information about leave, it will be considered as Loss of Pay
 If an employee is absent for three or more consecutive days, evidence for excusing the
absence - such as a doctor’s note - must be provided.
 If an employee is a no call-no show for three or more consecutive days, it will be considered
a job abandonment or termination without notice.
 Employees may request exceptions for extended work absences from their respective
Mangers & Human Resources. These must be approved on a case-by-case basis.

NOTICE PERIOD: Any employee wants to leave the company, he/she has to give a prior one-month
notice, if fail to do so than pending dues not be release and employer has rights to terminate service
contract of the employee with prior one month notice.

Note: In case of fraud, data leakage, misbehaving with colleagues, absconding etc employer has fully
rights to terminate the service contract with immediate effect without any prior notice and pending
dues not be released.

OFFICE DECORUM: All the employees have to maintain the office decorum of maintaining a healthy
work atmosphere and refraining from any argumentative incidences

1. One should make sure that you respect people around you in office and don’t let your
designation stop you from treating juniors with regard.
2. Wear professional attire for the office with proper shoes.
3. Offer a firm handshake or a simple hello to senior people. This will show your candid and
easy approach to people who might help you in future
4. Avoid actions which are a source of distraction and noise to others. Stop being impatient in a
meeting or while someone is talking. Remember, patience is a virtue.
5. Keep your mobile phone and other gadgets on silent mode, so that every time you get an
email or message, it does not alert everyone on your floor.
6. No Personal calls, Messages, no internet surfing while in the office timing (Employee can use
their personal mobile phone in break times)
7. Do not discuss personal things during office hours
8. Do not use PC, Laptop, or Mobile Phone for personal use

4. DUTIES AND POWERS

4.1 The Employee shall devote his / her efforts and his / her full business time and attention to the
performance of such duties and responsibilities as may be assigned to him/her from time to time by
the Director of the Company and in this regard follow all instructions issued or given by the Director
of the Company or by a Manager immediately Senior to the Employee.

4.2 The Employee shall maintain proper dignity of the company’s office and deal the matter with
sobriety.

4.3 In performing his /her duties as Service Engineer of the Company the Employee shall adhere to
all applicable laws and regulations as well as follow the Company’s policies and instructions.

4.4 The Employee shall devote his/her best efforts and all of his/her business time to the
performance of his/her duties under this Employment Agreement and shall perform them faithfully,
diligently and competently, in a manner consistent with the policies of the Company as determined
from time to time by the Director of the Company and shall directly report to the immediate Head or
Senior in hierarchy. The Employee whilst working with the Company shall not, except with the prior
written consent of the Board of Directors engage in activities outside the scope of his/her
employment and shall fulfil his/her responsibilities or duties under this Employment Agreement.

4.5 That during the Employment period, the employee without consent of the company in writing
shall not sign on any documents or commit on behalf of the company without mutual consent. If the
employee violates the same, then consequently in case if any liability arises then the company shall
not be responsible for it in any circumstances.

4.6 As employee of the Company. The Employee shall be responsible for the day-to-day
management to immediate Head or Senior in hierarchy

4.7 That the employee services will be governed by the rules and regulations of the company as in
force from time to time and also as per certified model. The Employer can modify the Agreement or
Rules and Regulations from time to time and the modification will be applicable from the same day.

4.8 It is hereby agreed by and between the Company and the Employee hereto that in case any
claim,
Employment Agreement or relating to the interpretation hereof whether during the subsistence of
this Employment Agreement or thereafter, the same shall be referred to the sole arbitration of a
single arbitrator, Mr. Dev Vrit, in accordance with the provisions of the Arbitration and Conciliation
Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The
arbitration shall be held in Delhi and the proceedings shall be conducted in the Hindi language. The
Parties hereby agree that the arbitral award shall be final, binding and conclusive on the Parties to
this Employment Agreement.

5. ANNUAL BASE SALARY

5.1 The Employee, who is entitled to a salary, will be given CTC 3.36 lac (as given in salary structure)
in accordance with the Company’s customary payroll practices.

5.2 The Employee shall not be entitled to get salary, if he/she fails to meet the objectives or targets
laid down by the company. Non Performance salary can be Winhold as termination can be issued
without prior notice.
CONFIDENTIALITY

6.1 The Employee shall not, directly or indirectly, either during the term of the Employee’s
employment under this Employment Agreement or thereafter, disclose to anyone (except in the
regular course of the Company’s business or as required by law), or use in any manner, any
information acquired by the Employee during his/her employment by the Company with respect to
any trade secrets, clients, customers or other confidential information of the Company, its
subsidiaries and associate companies worldwide, their operations or affairs unless such information
has become public knowledge other than by reason of actions (direct or indirect) of the Employee.

6.2 As long as the Employee is employed, and also thereafter, he/she shall maintain confidential the
corporate secrets and all other information of a confidential nature pertaining to the Company and
its operations. The Employee may use such information only during his/her employment by the
Company and in the interest of the Company. The Employee shall at all times carefully and diligently
safeguard and promote the Company’s interests.

6.3 During the course of employment, any such creation, innovation or any such intellectual
property in the form of software, hardware etc shall be exclusive property of the company as well
the source code of the company shall remain exclusive property of the company. That the employee
shall not use the source code of the company directly or indirectly. If the company finds that the
employee is contravening this term directly or indirectly then the company shall be entitled to claim
damages under section 73, 74 of the contract act and also entitled to initiate legal proceeding
against the employee.

6.4 That during and after the employment period, the employee will not divulge or appropriate to
his/her own use or to the use of others, in competition with the company, any secret or confidential
information or knowledge pertaining to the business of the company, or of any of its subsidiaries,
obtained by the Employee while employed by the company or any of its subsidiaries.

6.5 That the Employee will maintain proper dignity as well as decorum of company’s office. The
Employee will maintain and keep in his/her safe custody such identity card, documents, files, books,
mobile, laptop, papers etc issued to the Employee and shall return the same whenever required.

6.6 The agreement shall revive and apply again from time to time post completion of Two-Year
period.

6.7 When the Employee’s employment with the Company is terminated, he/she shall return to the
Company all business documentation, software, notes etc. and copies thereof pertaining to the
Company and its operations that have been entrusted to him/her or to which he/she has access.

7. NON-COMPETE CLAUSE

7.1 That the employee after the period of employment is over, shall not open similar nature
company upto three years directly or indirectly. If the company finds that the employee is
contravening this term directly or indirectly, then the company shall be entitled to claim damages
under section 73, 74 of the contract act as well as entitled to initiate appropriate legal proceeding
against the employee.
 7.2 That the client or the customer shall be sole client of the company. During the employment
period as well as after the employment period is over, if the company finds out that the employee is
trying to connect with the client of the company directly or indirectly, then the company shall be
entitled to claim damages under section 73, 74 of the contract act as well as entitled to initiate
appropriate legal proceeding against the employee.

7.3 During the course of employment, employee shall not do any personal work or for any third
party otherwise it will become a ground for termination and compensation clause will apply.

8. TERM OF CONTRACT, TERMINATION OF EMPLOYMENT AND SEVERANCE PAY

8.1 This Employment Agreement shall continue until terminated by either Party as provided herein and
supersedes any and all prior oral or written agreements pertaining to the duration, compensation and
conditions of employment of the Employee.

8.2 No severance pay, as mentioned above, will be made to the Employee in case the Company has terminated
the Employee’s employment due to his/her breach of Agreement or if he/she do not meet the performance
criteria prescribed by the Company.

8.3 All memoranda, notes, records, or other documents made or composed by the Employee, or made
available to him/her during the term of this Employment Agreement concerning or in any way relating to the
business or affairs of the Company, its subsidiaries, divisions, affiliates, or clients shall be the Company’s
property and shall be delivered to the Company on the termination of this Employment Agreement or at any
other time at the request of the Company.

8.4 That if the employee commits any offence punishable under the Indian Law even outside the company or
with the customer outside the course of employment, the company shall not be responsible for it in any
circumstances.

8.5 That during the course of employment, if the employee commits any fraud with the company and as a
result of which the company suffers huge loss, in case of such an event, the Employer shall be entitled to
recover the same from the employee’s movable and immovable property by instituting legal / court
proceedings.

8.6 If any training is provided to the employee, the company has full rights to recover the expenses incurred to
train that employee if he/she resigns before completion of 3 months of the training tenure.

8.6 Notwithstanding the above, Employment Agreement can be terminated on the following grounds:

8.7.1 Employee being found guilty of any dishonesty, misconduct, wilful neglect of duty or other conduct
amounting to gross misconduct with fellow colleagues or seniors;

8.7.2 Employee committing a material breach of the terms and conditions of this Employment Agreement;

8.7.3 Employee being found to be medically unfit or,

8.7.4 Employee being declared a bankrupt or insolvent or,

8.7.5 Employee being convicted of any offence involving moral turpitude or defined under the Indian
Law,

8.7.6 Misappropriation of the Company’s monies or property by the Employee or;

8.7.7 Misconduct or insubordination on the part of the Employee,

8.7.8 Infringement of any Company rules and regulations by the Employee. The Employee shall be
liable to be dismissed or discharged forthwith notwithstanding the rights and without giving any
notice, which the Company may otherwise have against the Employee in case of any loss (grave or
remote) caused by the employee during the course of his/her employment and the losses will be
borne by him/her by way of damages which shall be calculated by the management of the company.

9. OTHER TERMS OF EMPLOYMENT

Company has prepared Guidelines for Employees in which Rules and Regulation for an employee are defined.
These Guidelines will be defining the policies of the company. These guidelines will be available to the
employees on mail. Guidelines are subject to change as and when required. And it will be part & parcel of this
Agreement and it will be binding on the employees.

10. MISCELLANEOUS

10.1 This Employment Agreement contains a complete statement of all the arrangements between the
Company and the Employee with respect to its subject matter and supersedes all previous agreements, written
or oral relating to the subject matter of this Employment Agreement, and cannot be modified, amended, or
terminated orally.

10.2 That this employment agreement may be amended or cancelled by mutual agreement of the parties and
without consent of any other person and, so long as the employee lives, no person, other than the parties
hereto, shall have any rights under or interest in this Agreement.

11. JURISDICTION

11.1 This Employment Agreement shall be governed by and construed in accordance with the laws of Delhi
(India).

11.2 In cases if any dispute arises that is of administrative trivial nature, then the same shall be referred to the
board, thus the decision of the board will be final and binding on the parties.

IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed their respective hands the day and
year first hereinabove written.

DATA LEAKAGE: Any employee who shares internal customer data and product information outside the
company that is confidential will be terminated immediately and the company has the right to take legal action
against him/her

IN WITNESS WHEREOF the parties hereto affixed their signatures on the day, month and year mentioned herein
above.

SIGNATURE OF HUMAN RESOURCE (HR)

SIGNATURE OF THE EMPLOYEE