Company Policy

2.1. Subject to the terms of this Agreement, the Company will employ the Employee and the Employee shall serve the Company as per the assigned designation or capacity (or in such capacity as the Company may reasonably require) commencing from the joining date.

2.2. The Employee is required to furnish proof of educational qualifications, last drawn salary, work testimonials, releasing letter from last employment, identity and residential proofs, etc.
The Company may undertake a Background Verification Check through a third-party agency and any instances of suppression or unsupported addition of information will be treated as breach of integrity and may lead to termination of services without notice unless such instances are explained to the satisfaction of the Company and found acceptable.

2.3. The Employee shall be under the period of probation on commencement of his employment. Period of probation shall be for three months. The Company shall have the option to extend the period of probation by a further period of three months or more as the Employer may want to, without assigning any reason to the Employee.

2.4. The retirement age of the employee shall be 60 (sixty) years and this contract shall automatically terminate, once the employee attains the age of 60 (sixty) years. At the time of retirement, all the dues of the employees shall be settled along with the retirement benefits.

3.1. The Employee shall during his employment with the Company under this Contract:

• (a) be based in Noida, UP, India and shall perform to the best of his/her ability and with all reasonable care, the duties and exercise the powers and functions (both within and when duties require his to do so, anywhere outside India) which from time to time may reasonably be assigned to or vested in him/her by the Board in relation to the Company;
• (b) During working hours devote the whole of his/her time and attention to his/her duties;
• (c) Comply with all reasonable requests, instructions and regulations made by the Company and also services rules of the company and provide such explanations, information and assistance as to his/her activities on behalf of the Company or the business of the Company as the Board may reasonably require;
• (d) Faithfully and loyally serve the Company to the best of his/her ability and use his/her utmost endeavors to promote its interests;
• (e) Not be engaged or interested directly or indirectly in any other employment, trade, profession or occupation unless such activities have been disclosed to the Board and duly approved by the Board via written approval and do not breach any of the provisions in this Agreement; and
• (f) not solicit or accept for his/her self any advantage from the Company, its clients, suppliers or employees or prospective clients, suppliers or employees or any other party either directly or indirectly connected to the Company other than those expressly permitted by this Agreement. Prospective client means any person to whom, in the 12 months prior to the solicitation or acceptance of an advantage, the Company has made a formal written proposal with a view to the provision of public relations services in the countries within India in which the Company has fellow subsidiaries. For the purpose of this clause, “advantage” means:
  • (i) Any gift, loan, fee, reward or commission consisting of money or of any valuable security or other property or interest in a property of any description;
  • (ii) Any office, employment or contract;
  • (iii) Any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
  • (iv) any other service, or favor (other than entertainment) including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
  • (v) The exercise or forbearance from the exercise of any right or any 5 power or duty; and
  • (vi)Any offer, undertaking, or promise, whether conditional or unconditional of any advantage within the meaning of any of the preceding paragraphs and if offered an advantage the Employee shall forthwith report the offer to the Board.

3.2. The Company shall also have the right to require the Employee at any time to carry out such special projects or functions compatible with his/her abilities.

3.3. The Company shall be at liberty to appoint any other person of the Company jointly with the Employee and to assign to him/her duties and responsibilities identical or similar to those assigned to the Employee under this Contract.

4.1. The Employee shall carry out his/her duties between 09:30 AM to 06:30 PM and during such hours as the Company may from time to time reasonably require him to work.

5.1. The Employee’s place of employment shall be Noida, Jaipur or any other location as mentioned in the offer letter, but the Company shall be entitled to require the Employee to work at any other place of business of the Company, whether on a temporary or permanent basis as the Company shall from time to time direct.

5.2. The Company shall be entitled to change the place of employment of the Employee or place him/her with any of the Group Company whether on a temporary or permanent basis. Irrespective of his/her place of employment, the Employee shall be governed by the terms and conditions as enumerated under this Contract.

5.3. The Employee shall, in the performance of his duties, be required to travel from his/her place of employment anywhere within the country or abroad.

6.1. As remuneration for his/her services, the Company shall pay to the Employee an Annual remuneration on a cost to company basis as agreed in the offer letter.

6.2. Salary is calculated on a monthly basis and is paid by bank transfer by the 1st day of every month.

6.3. The salary and benefits shall be reviewed by the Management annually, in line with the Company’s common review date, provided that the Management shall have complete discretion whether to grant any increase and any increase so granted shall take effect from such date as the Management may specify.

7.1. The Company may reimburse the Employee for travel, hotel, entertainment and other expenses properly and reasonably incurred in the performance of his/her duties and properly claimed in line with the Company’s policies and on submission of actual bills.

8.1. Leave Benefit Summary

8.2. Earned Leave :

• Employees are entitled to 12 days of earned leaves during each financial year (accruing pro rata basis).

8.3. Sick Leave :

• Employees are entitled to 6 days of sick leaves during each financial year (accruing pro rata basis)
• Sick Leaves will not be carried forward and will get exhausted in the same financial year.
• Employees need to submit proper medical documents if the number of sick leaves are more than two consecutive days.

8.4. Paternity Leave :

• Employees are entitled to two 5 days of paternity leaves through the entire period of employment.
• Paternity Leaves will not be carried forward and must be taken within twelve (12) months of the birth or placement for adoption.

8.5. Public Holidays/Restricted Holidays :

• Employees are also entitled to 10 Public Holidays and 2 Restricted Holidays.
• The Calendar of Public Holiday will be published at the start of the calendar year.
• Two restricted holidays cannot be taken together.
• Managers have to be apprised in advance before availing Restricted Holidays so that work can be planned.

8.6. Important Notes for availing leave

• Employees must take leave approval well in advance and must be taken at such time as will not adversely interfere with the Company’s business. The dates of all leaves are subject to approval by the Company. The Company may refuse leave in case of exceptional pressure of work, necessarily requiring the Employee’s presence.
• In case leaves are not approved then leaves may be considered as LWP and/or a disciplinary action may be taken as per the discretion of management.
• Employees who join or leave the Company part way through a year will normally be entitled to leave on a pro-rata basis relating to completed months and rounded down to the nearest half day.
• The Employee shall not be entitled to encashment of any earned leave not availed of.
• Earned and Sick leaves can not be merged.
• Leave balances will be calculated quarterly and accordingly salary would be adjusted.
• No leaves will be allowed during notice period and leaves can not be adjusted in notice period.

9.1. If the Employee is unable to attend for work and is prevented by illness, injury, sickness from properly performing his duties, then he/she shall report this fact at once to the Board or Director of the Company of the said reason by 8:00 AM on the first day of his/her absence. Employees must continue to keep the Director or Manager of the Company informed on a regular basis.

9.2. The Company may require the Employee to provide an appropriate doctor’s certificate (stating the nature of the illness and the doctor’s opinion that it renders him/her unfit for work) for any period of absence of more than 2 business days.

9.3. It is a condition of employment that the Company may require the Employee to be medically examined by one of the Company Medical Advisers at any time in connection with the illness, injury or sickness causing the Employee’s absence.

10.1. The Company shall on its own discretion grant leaves on prior notice by the Employee stating the reason for the leave. In an emergency where prior approval cannot be sought, then the Employee must contact the Director or Manager of the Company at the earliest possible opportunity via SMS, Email or Phone.

10.2. Absence from work of the Company for reasons other than personal sickness or injury needs the prior approval and consent of the Director or Manager of the Company.

10.3. Company shall automatically suspend payment of salary and related allowances of the Employee after his absence for two (2) working days without prior approval and reasonable explanation. If the Employee’s absence continues beyond 10 working days it will be assumed that the Employee has terminated the Contract of Employment without giving the required period of notice.

11.1. Without prejudice to any remedy which it may have against the Employee for the breach of any of the material provisions of this Agreement the Company may by notice to the Employee forthwith terminate with immediate effect this Agreement, if the Employee shall: -

• (a) become bankrupt or make a general assignment of personal assets to the benefit of his creditors;
• (b) Become mentally incapacitated to the extent that he/she cannot adequately carry out his/her duties;
• (c) Be convicted of any criminal offence which materially impacts adversely on the Company;
• (d) Commit any act of dishonesty, whether relating to the Company, another employee or any other person;
• (e) Be guilty of any serious misconduct, or any conduct tending to bring the Company or self into disrepute; or
• (f) Be guilty of dishonesty, disobedience, disorderly behavior, negligence, indiscipline, or involved in taking bribe/commission to favor any management/individual/client; or
• (g) be in material breach of any of the provisions of this Agreement and, where, in the Company’s reasonable opinion, the breach is capable of remedy, shall have failed to remedy such breach within such time (being not less than 14 days) as the Company considers to be reasonable.

11.2. The Company shall be entitled to terminate the services of the Employee after serving a notice of 30 days during the period of probation.

11.3. The Employee shall be entitled to terminate his services with the Company during the period of probation by serving a notice of 30 days.

11.4. The Company shall be further entitled to terminate the services of the Employee after his/her confirmation (post probation period). However, the period of Notice of termination in such a case shall be two month or two months’ salary in lieu of the Notice.

11.5. During the notice period of the employee, all sort of remuneration will be paid in full & final settlement within 30 days of the last working day.

11.6. The Company may, by not less than 2 weeks’ notice to the Employee, terminate this Agreement if the Employee shall be prevented by illness, accident or other incapacity from performing his/her duties for a consecutive period of 1 month or for an aggregate period of 2 months in any 12 consecutive months. The Employee will need to give a notice period of 2 months for termination.

11.7. The present contract shall automatically terminate, when the Employee attains the age of 60 (sixty) years.

12.1. The Employee shall not during the employment with the Company undertake any other work with or without payment in cash or in kind, either as an employee or as a self-employed person.

13.1. The facilities and amenities granted by the Company in excess of the statutory requirements do not form a part of the conditions of service and are subject to change at the discretion of the Company. Any change in the rules, regulations, policies and orders announced by the Company from time to time and applicable to you will form a part of this contract of employment.

14.1. During the employment, if the Employee agrees to be sent abroad for training at the Company’s expenses, then the Employee shall sign an agreement with the Company to serve the Company for 3 (three) years from the date of the return of the Employee from such training.

15.1. Email facility provided by the Company shall be used by the Employee exclusively for Company’s official business. The Company and its Management shall have the right to check the email sent and received by the Employee.

15.2. The Employee shall be held liable for sending any information relating to the Company’s commercial/financial/technical data or any other information related to the company to any unauthorized person(s). The said act shall be treated as breach of trust and a serious offence.

15.3. The Employee shall be responsible for the email assigned to him/her by the Company and the Employee shall be responsible for any misuse of the email and its consequences including litigation thereof.

16.1. Any notices required or permitted by this Agreement may be given to the parties in the English language by depositing such notice in the regular email, with postage prepaid, or by courier, telex or fax, if faxed confirmed by hard copy by courier to the parties at the address given below or at such other address as may be supplied by the party from time to time.
If to Company:
i. M/s. Triazine Software Private Limited
B-28 & 29, 1st Floor, Sector 58, Noida - 201301, (UP) India
If to Employee:
Address as given by employee.

16.2. In case of change of address, the Employee shall be responsible to intimate / inform the Company about the change of address immediately with proof of the new address.

17.1. For the purpose of this Clause, the following definitions shall apply:

• The term "Client" is defined as any person, corporation or other entity which has requested the company, orally or in writing to perform public relations services.
• The term "Potential Client" is defined as any person, corporation or other entity with which any Employee of the Company has held discussions regarding the possibility of rendering public relations services, or to which an Employee has made oral or written proposals for the performance of public relations services by the company.
• The term "Confidential Information" includes but is not limited to:
  • Client or Potential Client identities and contracts;
  • Client or Potential Client list;
  • Financial and business information relating to the Company and its transactions;
  • all other information, data and codes relating to the Company, its business, or its Clients or Potential Clients which is declared by the Company to be or treated as being confidential,
• "Keep Confidential" means not using, publishing, copying, compiling any memoranda, including communicating, causing to be communicated or making available or any attempt to facilitate or permit these acts.

17.2. The Employee shall during the course of his/her employment under this Contract keep confidential all confidential information in respect of the working, business and financing of the Company and its dealing transactions and affairs and likewise in relation to its Group Companies, which may come to the Employee’s knowledge, whether directly or indirectly during the continuance of the employment or at any time after the termination of his employment.

17.3. Except as permitted by this Agreement or by the Company, the Employee shall not at any time during or after employment with the Company divulge, or communicate, directly or indirectly, to any person, corporation or other entity, or use for his/her own benefit or for the benefit of anyone other than the Company, any of the Company's trade secrets, confidential or proprietary information, including, but not limited to: Client or Potential Client identities and contracts; Client or Potential Client lists; business or personal information; other information relating to the Company, its business, or its Clients or Potential Clients.

17.4. All notes and memoranda of any trade secrets or confidential information concerning the business of the Company and Associated Companies or any of its suppliers, agents, distributors or customers which shall be acquired, received or made by the Employee during the course of his employment shall be the property of the Company and shall be surrendered by the Employee to the Company on the termination of his employment or at any time when required by the Company during the course of his employment.

18.1. The Parties agree that in case of any discovery or creation of Intellectual Property by the Employee during the course of his employment under this Contract then in that case the Employee has a special obligation to further the interests of the Company.

18.2. The Employee if at any time during his employment under this Contract makes or discovers or participates in the making or discovery of any Intellectual Properly relating to or capable of being used in the business for the time being carried on by the Company or any of its Group Companies full details of the Intellectual Property shall immediately be communicated to the Company by the Employee and the same shall be the absolute property of the Company.

18.3. The Employee shall, at the expense of the Company, supply all such information, data, drawings, programs, and any other novel software as may be requisite to enable the Company to exploit the Intellectual Property to the best advantage and shall execute all documents and do all things which may be necessary or desirable for obtaining patent, copyright or any other protection for the Intellectual Property in such parts of the world as may be specified by the Company and for vesting the same in the Company or as it may direct.

18.4. Rights and obligations under this clause shall continue in force after termination of this Contract in respect of Intellectual Property made during the employment of the Employee under this Contract and shall be binding upon his representatives, legal heirs, successors, etc.

19.1. The Employee covenants with the Company that he/she will not, for the period of two years after ceasing to be employed under this Contract, without the written permission of the Company in connection with, or for carrying on of any business similar to or in competition with the business of the Company on his/her own behalf or on behalf of any person firm or company directly or indirectly:

• 19.1.1. seek to procure orders from or do business with any person, firm or company who has at any time during the two years immediately preceding such cessation, done business with the Company, or Group Companies; or
• 19.1.2. endeavour to entice away from the Company any person who has at any time during the two years immediately preceding such cessation been employed or engaged by the Company or Group Companies.

20.1. The Employee covenants with the Company that he/she will not for the period of two years after ceasing to be employed under this Contract either on his/her own account or for any other person, firm or company; solicit or entice away, or endeavour to solicit or entice away, from the Company or from its Group Companies any of their respective employees,clients, vendors. The Employee further covenants with the Company that he/she will not after ceasing to be employed under this Contract, directly alone or jointly carry on or engage in any activity or business which shall be in competition with the business of the Company, or of its Group Companies.

21.1. The Employee shall indemnify the Company against any loss or damage which the Company may sustain, or incur as a result whether directly or indirectly of any breach by the Employee of this agreement or of any rule, regulation or policy of the Company.

22.1. Upon the termination of his employment for whatever reason the Employee shall: -

• (a) deliver up to the Company all property belonging to the Company which may be in his possession or under his control, and (unless prevented by the owner) any papers and other property belonging to others which may be in his/her possession or under his/her control and which relate to the business or affairs of the Company or any supplier, agent or customer of the Company, and he/she shall not, without the written consent of the Board, retain any copies of any papers/pen drives, etc;
• (b) Not at any time represent his/her self still to be connected with the Company.

22.2. Upon termination of his employment, the Employee shall observe strict compliance of Clause 17, 19, 20 of the present contracts along with other clauses of the contract.

23.1. The termination of this agreement however arising shall not operate to affect any provisions which are expressed to operate or have effect after its termination and shall not prejudice the exercise of any right or remedy of either party accrued before hand.

23.2. On the proper termination of this agreement pursuant to Clauses 10 and 11 the Employee shall not have any claim against the Company for damages or compensation of any nature whatsoever and the Employee undertakes not to file any case against the Company.

24.1. This Agreement constitutes the entire agreement between the parties concerning the employment described in it and both the Company and the Employee acknowledge that they have not entered into this Agreement in reliance wholly or partly on any statement or representation made to either of them by or on behalf of the other except as set out in this Agreement. This Agreement supersedes any previous agreement concerning the employment of the Employee by the Company, all of which the Employee and the Company acknowledges have ceased to have any effect. No variation or addition to this Agreement and no waiver of any provision of it shall be valid unless in writing signed by or on behalf of both parties. The headings of these provisions are for convenience of reference only and have no effect on their interpretation.

24.2. Management reserves the right to change this agreement as and when needed and employees will be intimated about such revisions via email and the same will be uploaded on internal employee portal for ready reference. Latest agreement will be deemed effective and employees need to adhere to the new revised contract.

24.3. Employees may write an email to hr@triazinesoft.com within 5 days of such intimation in case they do not agree with the revised terms of the contract. HR will discuss such objections and find out if any modifications are needed. Till the time any amendments (if agreed upon) are not made out, the rolled-out agreement will be in force and employees need to adhere.

24.4. The provisions of this Agreement are severable and if any provision is held to be invalid or unenforceable by a court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions of this Agreement.

24.5. If the Employee is dissatisfied with any disciplinary action taken against him, or has any grievance relating to his employment, he should discuss this with the Board.

24.6. If the Employee’s employment is terminated by reason of liquidation of the Company for any purpose of amalgamation or reconstruction or as part of any arrangement for the amalgamation of the undertaking of the Company not involving liquidation and the Employee shall be offered employment with the amalgamated or reconstructed company on terms generally not less favorable than the terms of this agreement, the Employee shall have no claim against the Company in respect of the termination of his employment by the Company.

25.1. Where any controversy, dispute or discontract arises between the Employee and the Company as to the interpretation or application of any of the terms, conditions, requirements or obligation under this Contract or the performance hereof which the Parties are unable to resolve by contract, the Parties hereby agree to refer the controversy, dispute or discontract to arbitration of Ira Gupta .

25.2. All arbitration proceedings shall be conducted in English and the venue for conducting such proceedings shall be at Noida, UP (specify place of arbitration). Judgment upon any arbitral award so rendered may be entered in any Court having jurisdiction, or application may be made to such Court for a judicial acceptance of the award and an order to enforcement, as the case may be.

25.3. The Parties hereby agree that a matter may be referred to arbitration as provided herein, the Parties shall nevertheless, pending the resolution of the controversy, dispute or discontract, continue to fulfil their obligations under this Contract, so far as they are reasonably able to do so.

26.1. This agreement shall be governed by and interpreted according to the laws of India and the parties submit to the exclusive jurisdiction of the UP Courts in India.
Date: 18th Jan, 2022
Place: Noida, UP, India