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Aakash Non

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0% found this document useful (0 votes)
783 views18 pages

Aakash Non

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 18

EMPLOYMENT TERMS & CONDITIONS OF SERVICE (hereinafter referred as ETC)

(For Non-Academic Employees)

Employee Code : ……………………………………. Designation : …………………………………….


Name of the Employee : ……………………………………. Department : …………………………………….
Branch / Office : ……………………………………. Date of Joining : …………………………………….

INTRODUCTION

Aakash Educational Services Limited (hereinafter referred to as ‘AESL’ or ‘Company’) is associated with
providing quality test preparatory services and has three distinct divisions, namely Aakash Institute for
Medical, Aakash IIT-JEE for Engineering and Aakash Foundations for Secondary Classes.
Aakash Institute for Medical is one of the well-known institutions in the country that provides
comprehensive test preparatory services to students for preparation of medical entrance examinations.
Aakash Institute for Medical offers test preparatory courses for medical entrance exams such as NEET,
AIIMS and JIPMER.
Aakash IIT-JEE for Engineering offers test preparatory courses for engineering entrance exams such as IIT-
JEE (Main and Advanced) and other state and common engineering entrance exams.
Aakash Foundations is well known for nurturing the aspirations of junior class students for various
competitive exams such as NTSE, KVPY, Olympiad, and other competitive examinations. Systematic
academic delivery model and integrated teaching methodologies of AESL aims at preparing students to
achieve good ranks in School, Board and Foundation Level Competitive Exams. Besides that, it also builds
the foundation for the tough and challenging Medical and Engineering Entrance Exams.
In addition to the above noted three distinct divisions, AESL has also introduced ‘Aakash Digital’, a platform
for the students who don’t want to leave their town just to join coaching classes. Aakash Digital is a
powerful platform for the students who don’t wait for the right time and place to prepare for dreams.
Aakash Digital is an online test prep platform that helps the students for preparing entrance exams anytime
and anywhere through live online classes, recorded video lectures and online practice tests.

OBJECTIVE

AESL is providing quality test preparatory services since the year 1988 and living example of the same is the
trust of thousands of parents who rely on us every year for quality test preparation of their children for
their bright future.
The main intent behind the “Employment Terms & Conditions of Service” is to brief about the terms and
conditions of employment. The Company and The Employee hereinafter collectively referred to as the
Parties and individually as Party.
These Employment Terms & Conditions of Service along with policies inter alia shall form an integral part
of Appointment Letter and binding upon you. It is mandatory to return the signed duplicate copy of
Appointment Letter along with these Employment Terms & Conditions of Service and relating documents
in token of your acceptance.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 1 of 17
1. DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE
You will diligently and honestly discharge and perform all duties and responsibilities pertaining to your
employment, as also such other duties and responsibilities, as may be entrusted to you by the Company
from time to time. You shall abide by the code of conduct of the Company as captured in the Annexure
A of this ETC.
2. DOCUMENTS
a. You shall submit the proof of your permanent and present residential addresses furnished in
“Joining Documents” in the form of photocopy of Passport, Voter Identity Card, Driving License or
any other valid proof at the time of joining the Company. You shall inform in writing of any subsequent
change in the address and submit valid proof, as aforesaid, within a week from the date of change
of address. You shall also inform in writing, among other details, your contact telephone/ mobile
number at the time of joining and any change thereof including any change in respect to your
marital status & family details etc. within a week of such change.
b. At the time of appointment, you are required to furnish your last 3 months’ salary slips or salary
certificate as mentioned by you in your Personal Bio-data Form. If the salary slips or salary certificate
submitted by you is found to be contrary to what you have furnished earlier, Company reserves the
right to terminate you forthwith without giving any notice or compensation.
c. Your appointment and continuance in service is subject to submission of self-attested copies of
Degrees/Diplomas or other qualifying certificates and 6 recent color photographs, within 6 days of
your joining.
d. You shall submit details of your Education, Previous Employment, PAN Card, Address Proof and Two
professional references before joining or within 6 days of your joining, for background verification
by the Company.
3. BACKGROUND VERIFICATION AND AUTHENTICATION OF CERTIFICATES DISCLOSURE:
Your employment with the Company is subject to satisfactory Background Verification. As a matter of
procedure, AESL has engaged third-party vendor to check your background i.e., education, address, police
records and past employer records. At any given stage if any information provided by you as per official
record is found contradictory, unsatisfactory or false, AESL has right to take action against you as it deems fit
including but not limited to your immediate termination

4. SALARY
4.1 Salary is a confidential matter and you are expected not to divulge the same to anyone other than
authorized personnel. The bifurcation of your salary into various heads is the sole discretion of
Managing Director / CEO of the Company through its authorized representative, subject to
statutory provisions of law. The Managing Director / CEO of the Company through its authorized
representative can re-structure salary at any time in future at its sole discretion. The payment of
your salary shall be subject to all statutory deductions as applicable including but not limited to
Income-Tax, Provident Fund, ESIC, or any other statutory deductions as and where applicable in the
respective State / Union Territory / Country. Further, increment in your salary shall be strictly based
on your individual performance and in accordance with the Company’s existing policies.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 2 of 17
4.2 DEDUCTIONS FROM SALARY:
a) Notwithstanding anything to the contrary in this Employment Terms & Conditions of Service, AESL
shall have the right to deduct the salary partially / in full in the following exceptional circumstances
only:
Non-Operational / Shutting down of the AESL branch / office, suspension of work / operations
wholly /partially at the work-place i.e., AESL branch / office for more than 30 days on account of:
i. Acts of God, fire, flood, drought, earthquake, storm, inundation, landslide, tempest, hurricane,
cyclone, lightning, other natural disaster or extreme atmospheric disturbances;
ii. Shutting down the work place for periodical maintenance, reconstruction, demolition or
extension of building,
iii. Acts of any sovereign including war, invasion;
iv. Acts of terrorism, riots;
v. Civil emergency (whether an emergency be declared or not), civil commotion/disturbance,
rebellion, hostilities, insurrection, armed conflict sabotage, military action, acts of public
enemy;
vi. Fire or explosion (other than, in each case, one caused by breach of contract);
vii. Adverse weather conditions;
viii. Embargo, blockade, imposition of sanctions or similar actions;
ix. Radioactive, nuclear, chemical or biological contamination;
x. Labour dispute including, but not limited to, strikes, industrial action, lockouts or boycott;
xi. Government action/change in policy;
xii. Order of Government or Public or Local Authority;
xiii. Epidemic, pandemic, quarantine, lockdown;
xiv. Any other event that may be notified or recognized by any Governmental or Local Authority
as a force majeure event; or
xv. All other similar/incidental Force Majeure Events, which cannot be foreseen by the Party(s) as
on date and/or beyond the control of parties.
b) AESL shall decide and intimate the date of resumption of work through e-mail/SMS/letter, and you
are required to join the work within 24 hours of such intimation. In the event of non-compliance
by you, AESL shall have the discretion to terminate you without any further notice.

5. WORK FROM HOME:


AESL has a right to ask any employee to work from home including but not limited to exceptional
circumstances as defined in Clause 4.2. During the period of “Work from Home”, you shall comply with
all the instructions issued by AESL including but not limited to:
You have to support Academics & Business by doing your defined tasks from home, and perform all your
job responsibilities, which can be performed, while working from home.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 3 of 17
5.1 Mandatory requirement:
i. DETAILS OF VEHICLES
It is mandatory for all sales and marketing staff to have two-wheeler / four-wheeler. Hence, sales
and marketing staff shall submit the details of his /her vehicle to HR Department at the time of
appointment and to the reporting manager after his/her joining at location. However, the
Employees shall be responsible for compliance for all the Traffic and other associated laws and
Company shall not be liable for any liability which may arise because of any violation of the same
by the employee.
ii. COMPUTER/LAPTOP & BROADBAND CONNECTION
Having computer / laptop along with broadband internet connection is mandatory for every AESL
employee (unless exempted by AESL expressly) and by signing this joining document, you confirm
& declare the same.

6. COMMUNICATION / NOTICE
a) Any communication sent to you through Speed Post / Registered Post/Courier at your address or
your personal e-mail ID given in “Joining Documents” or at the last address / e-mail ID furnished by
you as available in our records, shall be deemed to have been delivered to you in regular course of
business
b) You shall receive any of the Company’s communication whenever it is offered or delivered to you
personally and shall sign duplicate copy of the same in token of it having been received by you. You
cannot refuse to accept any letter given to you. In absence of your objection to the AESL
communication within two working days (unless specific time not provided in AESL communication)
from the date of receipt of such communication, same shall be deemed to be accepted by you.

7. CHANGE OF ROLE/DESIGNATION
Company reserves the right at its sole discretion to re-designate your role/designation or alter the job
description of the role/designation and in accordance with the nature of job, the salary can be revised
accordingly.

8. WHOLE TIME EMPLOYEE OF THE COMPANY


You shall be the whole-time employee of the Company and shall not engage yourself in any work, either
honorary or otherwise during the period of your employment with the Company. Upon termination of
your employment or leaving the job, as provided herein, you shall not engage yourself in any work,
either honorary or otherwise, which is similar in nature of business of the Company or direct competition
with Company for a period of six months. In case of breach, you shall be liable to compensate the
Company by paying pre-determined liquidated damages equivalent to six months last drawn gross
salary.

9. TIME DEVOTION TO THE COMPANY


You, as an employee of the Company are expected to devote your best efforts and full-time attention
while performing duties. You are expected to use good judgement, to adhere to high ethical standards
and to avoid situations that create an actual or potential conflict between yours or other employees’
personal interests and the interests of the Company.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 4 of 17
10. OFFICIAL MEETINGS/ GATHERINGS
As an employee you may be expected to attend Company’s social gathering / events / official meetings
or get-togethers. Employees are expected to maintain a professional decorum and behave responsibly
during such official gatherings that are organized by Company. Any failure to adhere to the Company’s
norms or any act which may harm reputation of Company in public during these gatherings would lead
to strict disciplinary action as per Company policy.

11. WARNING LETTER


Without Prejudice to other rights and remedies available to AESL both in law and any other Company
Policy/ Contract, if your performance or behavior is found unsatisfactory or you commit breach of these
terms and conditions, Company may issue warning letter in this regard. If your performance or behavior
is not found satisfactory post issuance of any such warning letter, Company reserves the right to initiate
your separation of services forthwith without any further notice or compensation.

12. NOTICE PERIOD


In case you wish to leave the job whether during probation or on confirmation due to any reason
whatsoever you will have to serve applicable notice period or compensate the Company with your basic
salary for the unserved notice period in lieu thereof as per below grid. The Managing Director / CEO of
the Company through its authorized representative can re-structure Notice Period at any time in future
at its sole discretion.

Notice Period Notice Period


Grade
on Probation on Confirmation

M1 1 month 2 Months

M2, M3 1 month 2 Months

M4, M5, M6, M7, M8 15 days 1 month

E1, E2, E3 15 days 15 days

13. TERMINATION OF SERVICES


Normally your services will not be terminated without giving applicable notice or basic salary in lieu
thereof as per your grade in above mentioned grid. However, in case of any breach of terms and
conditions or if you deliberately underperform or perform poorly, create in-discipline, code of conduct
as set out in Annexure A of this ETC, misconduct, try to instigate / influence another employee or act
against the interest of the Company & its polices, breach of rules or faith, long or frequent absence,
non-performance of duty, poor feedback / response of seniors, indulging in any activity which creates
or may create confusion, insecurity or any other such feeling in the mind of the employees of Company
and/ or which may defame or bring a bad name to the Company by any of your actions, word of mouth,
writing, interview with any organization /media / social media or such other things or any such action
on your part which is detrimental to the interest of the Company or its clients and in case the Company
is satisfied that the continuation of your association with Company is unwarranted, Company reserves
the right to terminate you forthwith without giving any notice or compensation in lieu thereof.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 5 of 17
14. CONFIDENTIAL INFORMATION

a. For purposes of this ETC, “Confidential Information” shall include herein beneath: -
i. information relating to the operations, management, marketing, finances, affiliates and the
systems, manuals, documentation, study materials, test papers, all data (including DVDs, CDs,
Pen drive or other media containing the same), recordings (electronic or otherwise),
document, reports, proprietary information of Company, statements, correspondences,
remuneration structure, methodologies, processes, techniques, computer programs,
copyrightable works, student information, business details or commercial policies;
ii. information or material that has or could have commercial value or other utility in the business
in which the Company is engaged;
iii. all secrets, trade secrets, know-how, ideas, and processes and business practices of the
Company and the likes which the Company owns, plans, develops or acquires whether for its
own use or for use by its students or any other information that should reasonably be
recognized as confidential information of the Company;
iv. non-public information pertaining to current or former Employees, information pertaining to
hires, prospective hires or potential hires;
v. Information regarding the Company’s Employees and its related human resources information,
including Employee manuals, interviewing techniques, and training manuals;
vi. information received by the Company from third persons to whom it owes a duty of
confidentiality;
vii. reports and presentations;
viii. methodologies and software owned either by the Company, or developed by the Company,
whether electronically and/or in hard copy;
ix. Information of, or provided by, Company, its affiliates or any of their representatives and also
includes the fact that such information has been provided by the Company.
(All collectively referred to as “Confidential Information”)
b. Confidential Information need not be novel, unique, patentable, and copyrightable or constitute a
trade secret in order to be designated as Confidential Information. The Employee acknowledges
that the Confidential Information is proprietary to the Company, has been developed and obtained
with great efforts by the Company and the Company regards all of its Confidential Information as
trade secrets. The Employee understands and agrees that all material, all copyrights, patents, trade
secrets and other intellectual property rights associated with any concepts, techniques, processes,
products or works developed, conceived or created by the Employee during the course of
employment with the Company either for use by the Company or any of its connected or related
persons or institutes are “Works Made for Hire”, and belong solely to the Company, and are entitled
to the same protections as the Confidential Information.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 6 of 17
c. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
i. The Employee promises and agrees to receive and hold confidential Information in confidence.
Without limiting the generality of the foregoing, the Employee further promises and agrees:
1. To protect and safeguard confidential information against unauthorized use, publication
and disclosure.
2. Not to use any of the Confidential Information except for the purposes of this
employment.
3. Not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or
otherwise use any of the Confidential Information except as specifically authorized by the
Company, in accordance with this ETC.
4. Not to use any Confidential Information to unfairly compete or obtain unfair advantage
vis-à-vis Company in any commercial activity which may be comparable to the
commercial activity contemplated by the employee in connection with the business
purposes.
5. To restrict access to Confidential Information to those officers and Employees who clearly
need such access to carry out the terms of their employment purely on need-to-know
basis.
6. To advice and/or instruct each of the persons to whom it provides access to any
Confidential Information, that such persons are strictly prohibited from making any use,
publishing or otherwise disclosing to others, or permitting others to use for their benefit
or to the detriment of the Company, any of the Confidential Information, and upon
request of the Company, to provide the Company with a signed copy of a written consent
to that effect signed by such persons.
7. To comply with any other reasonable security measures requested in writing by the
Company.
8. To undertake not to disclose any Confidential Information to third parties without the
written consent of the Company.
9. To not make copies, summaries, or extracts of Confidential Information, nor remove such
Confidential Information from the place of business, unless authorized by the Company
in writing.
10. To bear financial responsibility in case of disclosure of Confidential Information.
11. To be held liable for any theft, loss or other inadvertent disclosure of Confidential
Information.
d. Proprietary Rights
i. The Employee hereby agrees and acknowledges that no license, either express or implied, is
hereby granted to the Employee by the Company to use any of the Confidential Information.
ii. The Employee further agrees that all inventions, improvements, copyright works relating to
methods, techniques, schedules, plans, study material, assessment techniques of the
Company directly resulting from or relating to the Confidential Information and the right to
market, use, license the Confidential Information or ideas, concepts, methods or practices
embodied therein shall be the exclusive property of the Company and the Employee has no
right, title or interest thereto.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 7 of 17
e. Exceptions and Compelled Disclosure
i. The Employee hereby agrees to protect the Confidential Information in the same manner as
he/she would protect his/her own proprietary and Confidential Information of similar
importance. The Employee at all times use a reasonable degree of care and caution while
dealing with such Confidential Information. The Employee shall not, without the prior written
consent of the Company, disclose any Confidential Information except in cases, which are as
beneath:
1. to the extent necessary to comply with any laws or regulations binding on it;
2. to the extent required by any taxation or fiscal authority;
3. pursuant to any governmental, judicial or administrative order, subpoena, to the extent
required;
4. to the extent necessary to comply with any requirements of any statutory or other
regulatory body/authority;
5. to the extent necessary to comply with Employment Terms & Conditions of Service for
Employees or otherwise give effect thereto;
6. to the Company’s professional advisers and key Employees who, in each case, need to
know such details for provision of the requisite services. Provided however, that the
Employee shall promptly notifyy, to the extent practicable, the Company in writing of
such demand for disclosure to enable the Company to take any of its legal remedies
including but not limited to obtaining an injunction from the Courts or any other remedy
to preserve the confidentiality of the Confidential Information.
ii. Nothing contained in this ETC shall apply to information which
1. is in public domain other than by violation of this ETC.
2. or is materially similar to the Confidential Information, and such information shall have
been independently developed by the Employee without reference to any Confidential
Information furnished by the Company.
iii. The Employee undertakes that he /she shall:
1. Ensure that the Confidential Information is neither reproduced nor copied nor is
communicated, disclosed or otherwise made available to any third party unless
authorized by the Company in writing; and
2. Protect the Confidential Information from and against theft, destruction, damage and/or
infringement.
iv. In the event the Employee becomes aware of any unauthorized copying, disclosure and/or use
of the Confidential Information, it shall forthwith notify the Company and take such action as
may be necessary to prevent any further unauthorized copying, infringement, disclosure or
use of the Confidential Information. The Employee shall at all times take all the necessary steps
for the preservation of the Confidential Information of the Company.
f. Acceptance and acknowledgement
The Employee acknowledges that the type and periods of restriction imposed in this ETC are fair
and reasonable and are reasonably required in order to protect and maintain the proprietary
interests of the Company as described above, other legitimate business interests and the goodwill
associated with the business of the Company.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 8 of 17
g. Return of Confidential Information
The Employee shall immediately return and redeliver to the Company or destroy all the Confidential
Information provided to the Employee, including all tangible material embodying the Confidential
Information provided there-under and all notes, summaries, memoranda, drawings, manuals,
records, excerpts or derivative information deriving therefrom and all other documents or materials
(and all copies of any foregoing, including “copies” that have been converted to computerized /
electronic media in the form of image, data or word processing files either manually or by image
capture) based on or including any Confidential Information, in whatever form of storage or
retrieval, upon the earlier of:
(a) Resignation or the termination of Employee’s employment with the Company; or
(b) at such time as the Company may so request.

15. FINES / PENALTIES


I. In order to ensure strong discipline, Company expects its staff to use their time productively for
their personal and Company’s growth. So as to dissuade the staff from wasting time during office
hours, AESL has instituted certain constructive restrictions and has imposed certain penalties for
offenders as given below, in addition to other rights and remedies available to AESL both in law
and any other Company Policy/ Contract.
a) If you are found smoking/eating gutka/Pan masala or any other tobacco product, during
office hours inside or outside the premises of the Branch, a fine/penalty of Rs.4000/- will be
imposed. This fine/penalty amount will be deducted from your salary of that particular
month. In case, the mistake is repeated for the second time, Rs.5000/- will be deducted as
a fine/penalty. In case, if you defy the code of conduct for the third time you will be demoted
to a lower grade by the management. If after three warnings/opportunities to improve, you
still repeat the mistake then you will be terminated from services without any compensation
in lieu of the termination.
b) If you are found / reported sleeping during office hours in the office or anywhere else on
premises of the Branch, a minimum fine / penalty of Rs.2000/- will be imposed. This
fine/penalty amount can go up to Rs.5000/- and will be deducted from your salary of that
particular month. In case, the mistake is repeated for the second time, your one-day salary
will be deducted as a fine / penalty. In case, if you defy the code of conduct for the third time
you will be demoted to a lower grade by the management. If after three
warnings/opportunities to improve, you still repeat the mistake then you will be terminated
from services without any compensation in lieu of the termination.
c) If you are found / reported using mobile phone during office hours except for the lunch hour
i.e., 2:30 PM to 3:30 PM, a fine / penalty of Rs.2000/- will be imposed. This fine / penalty will
be deducted from your salary of that particular month. In case, the mistake is repeated for
the second time, one-day salary of you will be deducted as a fine / penalty. In case, if you
defy the code of conduct for the third time you will be demoted to a lower grade by the
management. If after three warnings/opportunities to improve, you still repeat the mistake
then you will be terminated from services without any compensation in lieu of the
termination.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 9 of 17
d) If you are found sitting on bench or sitting leisurely at workstation a penalty of Rs.1000/- will
be imposed.
e) If you are found gossiping for long duration and wasting (your & others’) time and resources
of the Company, a penalty of Rs.1000/- will be imposed.
f) If you are found leaving the computer, photocopier, iTutor or UPS on while leaving from the
office, a penalty of Rs.3000/- will be imposed.
g) If you are found changing the direction of CCTV, a minimum penalty of Rs.5000/- will be
imposed and
h) If you are found talking unprofessionally to colleagues/seniors/students, a penalty of
Rs.5000/- will be imposed.

II. Without prejudice to other rights and remedies available to AESL both in law and any other
Company Policy/ Contract, the non-compliance of the Annexure A set out in Annexure A “Code of
Conduct” in this ETC by the Employee may attract the following penalties from the Company:
a. Minor Penalty
i. Written Advisory or Warning.
ii. Withholding of increment or appraisal benefits in full or part.

iii. Reduction in Grade, Designation / Salary.


b. Major Penalty
i. Termination

16. Anti-Corruption Policy and Business Ethics:

You agree that the following provisions shall apply to you, in addition to other policies communicated
by AESL from time to time and other regulations available at law:

(a) Either directly or indirectly Bribe(s)/offer(s) to bribe or pay-off are forbidden. You (or your family
members or associates) shall not make, promise, offer or authorize any loan, fee, gift, offer,
sample, travel expense or entertainment, other payment or provision of anything of value
whether in cash or in kind, for the use or benefit for the purpose of influencing any act or decision
of official in their official capacity, or inducting to do or omit to do any act or use their influence
with any government, to assist in obtaining, retaining or advancing business in any manner for
or with, or directing business to, any student, person, firm, institution or organization having
dealings with AESL, including in connection with your work/service, and if you have been offered
any such commission, gratification, etc., you shall forthwith (and in any event within 2 (two)
days) report the same to the management of AESL in writing.

(b) Secret commission or other secret compensation or gratuities from any student, person, firm,
institution or organization who have any dealings with AESL are forbidden.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 10 of 17
17. PVC FUSED ID CUM-ATTENDANCE CARD
(a) On joining, you shall be issued a PVC Fused Identity cum-Attendance Card, which is to be kept
very carefully. You shall mark your attendance by swapping this card through the attendance
machine and marking the attendance in attendance register, if applicable. Failure to do so will
result in your being marked absent and loss of pay. Wearing an Identity card during the working
hours is mandatory for all employees. I understand that I may have to work beyond the scope
of the usual working hours in the Company in case the exigencies of the role and services so
require. No additional compensation will be made to me for the same.
(b) In case the card is lost due to any reason, you shall lodge a First Information Report (F.I.R).
immediately with the nearest police station and shall submit a copy of F.I.R with the HR
Department at the earliest.
(c) For getting a duplicate ID-cum-Attendance Card, the employee shall have to pay the charges in
force at that time.
(d) At the time of leaving the Company, you will have to surrender this card to the HR Department
for finalization and closure of your Accounts & Settlements.
(e) Appropriate criminal and/or civil proceedings shall be initiated against the employee failing to
surrender this card before leaving.

18. PREVENTION AND PROHIBITION OF SEXUAL HARASSMENT


All employees of the Company have the right to be treated with dignity and respect and to be free from
all forms of harassment in the workplace. Staff members shall observe common courtesy and
considerate behavior towards each other regardless of their position. Sexual harassment at the
workplace or other than workplace if involving employees is a grave offence and is, therefore,
punishable. Sexual harassment is one type of harassment and includes unwelcome sexual advances,
unwelcome physical contact or unwelcome verbal or physical conduct of a sexual nature. All employees
are expected to talk with the female client and female staff in polite manner and should not pass
indecent remarks, gestures or unwarranted advances towards colleague(s) at place or extended place
of work. In case, if an employee is found to be indulging in such an act, he / she shall be dealt with as
per statutory provision of law and may be terminated from services without any compensation in lieu
of the termination, in addition other rights and remedies available to AESL both in law and any other
Company Policy/ Contract.
AESL has strict prohibition on inflicting any corporal punishment or use of abusive language or negative
/ derogatory comments on any prospective, current or passed out student / employee of AESL. AESL
strictly does not entertain any explanation from the accused employee on the grounds.
You shall not indulge in any act or action constituting sexual harassment, which includes such
unwelcome sexually determined behavior (whether directly or through implication), such as: (a)
Physical contact and advances; (b) a demand or request for sexual favor; (c) sexually colored remarks;
(d) showing pornography or text messages; (e) any other unwelcome physical, verbal or non - verbal
conduct of sexual nature (f) Implied or explicit promise of preferential treatment in her/his
employment; (g) Implied or explicit threat of detrimental treatment in her/his employment; (h)
Interferes with her/his work or creating an intimidating or offensive or hostile work environment for
her/him (i) Humiliating treatment likely to affect her/his health or safety.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 11 of 17
Any such infliction of corporal punishment or indulgence in sexual harassment by any employee shall
invoke immediate termination from employment of such employee without any notice being required
to be issued by the Company. Further, AESL shall have sole discretion in determining any other suitable
action that may be taken against such employee, including reporting such action to the nearest police
station and arrest of such employee. The steps/ remedies available to the Company under this head
are in addition to other rights and remedies available under law and any other policy.

19. RETIREMENT AND COMPULSORY RETIREMENT


i. You shall retire from service upon attaining the age of 58 (fifty-eight) years. However, you may
be given an extension up to period of 2 (two) years in the event you have made extra-ordinary
achievements, solely at the discretion of AESL. However, the sole discretion of the Managing
Director / CEO of AESL shall be considered for any further extensions, if you are medically fit and
have agreed to continue your employment with AESL at the extended terms and conditions
agreed between the Company at such point of time. Any extension beyond 60 years shall be solely
at the discretion of Managing Director / CEO of AESL.
ii. In the event prior to attaining the age of retirement as aforesaid, you become unfit to continue
employment for medical reasons, such as for reasons of insanity or any other medical condition
substantiated by medical certificates, the Company may seek you to compulsorily retire from the
employment of AESL.
iii. Upon retirement or compulsory retirement, you shall immediately cease to be an employee of
AESL and AESL shall pay the salary due until the date of such retirement, after deduction of any
sums owed by you to AESL, all statutory deductions and any such amounts which are legally
deductible by AESL.

20. MISCELLANEOUS
a) You shall neither enter into any monetary transactions with any client or staff of the Company,
nor shall you exploit your influence for personal gains.
b) You shall not accept, or permit any member of your family or any other person acting on your
behalf to accept any gift from any of Company’s clients or any person you may come into contact
by virtue of your position in this Company.
c) You shall abide by rules and regulations and shall obey other lawful
orders/instructions/directions of the Company as are given to you from time to time in
connection with the day-to-day discharge of your duties.
d) You shall be responsible for the safe custody of the records entrusted to you and in case of any
damage or loss, Company has right to terminate your services and claim damages, if applicable.
e) You shall not utilize or divulge any secrets or business affairs of the Company and shall safeguard
the interest of the Company.
f) You shall maintain integrity and devotion to duty and /or shall not do anything which is
unbecoming of you as the employee of the Company.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 12 of 17
g) That in addition to the aforesaid terms and conditions, you are also obliged & agree to abide by
the Company’s policies including but not limited to leave, transfer, deputation, working hours
and overtime, dress code, reimbursement, background verification, separation, loan & advance,
referral, attendance monitoring, performance & appraisal, etc. and the same are available in
library section at internal portal of the Company. You are advised to always be strived to get up
to date as the policies are subject to be upgraded time to time due to requirements of associated
rules and regulations.

21. GOVERNING LAW AND DISPUTE RESOLUTION


That the Parties agree that this ETC shall be construed in accordance with the laws in force in India and
in the eventuality of any dispute or difference (including in the eventuality of violation of the ETC by
any party) should arise on any matter relating to or arising out of the ETC, the same shall be referred
to the arbitration within 60 days of either party notifying the other party of such dispute, for
adjudication under the provisions of Arbitration & Conciliation Act, 1996. Parties hereby mutually agree to
appoint a sole arbitrator for adjudication of disputes between the Parties, whose decision shall be final and
binding upon the Parties. The sole Arbitrator shall conduct the arbitration proceedings at Delhi.
It is also agreed between the parties that arbitration proceeding would be conducted in English only
and in no other language. If such appointed Sole Arbitrator is unable to continue with such Arbitral
proceedings for any reason whatsoever, a new Sole Arbitrator shall be appointed by mutual consent of
the parties who shall continue with the Arbitral proceedings from the stage where the proceedings
were left by his predecessor.
That the Courts at Delhi shall have exclusive jurisdiction (subject to the arbitration proceedings which
are to be also conducted at Delhi) over any or all disputes arising out of this ETC and the parties hereby
submit themselves to the jurisdiction of such Courts and/or Tribunals.

22. TERMS & CONDITIONS OF SERVICE


These Employment Terms & Conditions of Service along with policies inter alia shall form an integral
part of Appointment Letter and binding upon you. It is mandatory to return the signed duplicate copy
of Appointment Letter along with these Employment Terms & Conditions of Service and relating
documents in token of your acceptance.

23. SUPPRESSION
The terms of this Employment Terms & Conditions of Service and understanding with respect to the
subject matter hereof is in its entirety and supersedes all prior discussions or agreements. The
relationship between the Company and the Employee is solely that of employer and employee. No
change, modification, or termination of any of the terms, provisions, or conditions of this Employment
Terms & Conditions of Service shall be effective unless made in writing and signed or initiated by the
Employee. The termination of this Employment Terms & Conditions of Service shall not affect those
provisions hereof that by their nature are intended to survive such termination. The Employee
acknowledges and agrees that the Company may assign any of its rights under this Employment Terms
& Conditions of Service to any or all of its offices. This Employment Terms & Conditions of Service is

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 13 of 17
not assignable by the Employee. If any paragraph, sub-paragraph, or provision of this ETC, or the
application of such paragraph, sub-paragraph, or provision, is held invalid or excessively broad by a
court of competent jurisdiction, the remainder of this Employment Terms & Conditions of Service, and
the application of such paragraph, sub-paragraph, or provision, or circumstances other than those with
respect to which it is held invalid shall not be affected.

Signature of Employee:

Name (in Block Letters):

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 14 of 17
ANNEXURE - A
CODE OF CONDUCT

A. CODE OF CONDUCT

The employees of AESL shall not indulge in any activity which may cause disrepute or defame to
AESL and is detrimental to its employees or students by any of his / her acts, deeds or words or
which is in violation of the rules laid down in the Appointment Letter, Employment Terms &
Conditions of Service.

B. ACTIVITIES WHICH MAY ATTRACT DISCIPLINARY ACTION


Without Prejudice to other rights and remedies available to AESL both in law and any other
Company Policy/ Contract, the following acts of commission and omission on the part of an
employee shall constitute misconduct and attract disciplinary action:
1. Theft, fraud or dishonesty in connection with the AESL’s business or property.
2. Frequent late incoming, early out, long out of office during working hours, unauthorized
absence, unnecessary sitting late after office hours without prior permission of Head of
Department.
3. Non adherence/deviation from Dress Code.
4. Insubordination or disobedience of any written, lawful or reasonable order of a superior,
and / or in discipline.
5. Drunkenness, fighting or riotous, disorderly or indecent behaviour while on duty / at the
place of work and/or the extended place of work.
6. Neglect of work.
7. Causing willful and wanton conduct of damage to work in progress or to property of AESL.
8. Sleeping while on duty and in the premises of Company.
9. Maligning or slowing down work.
10. Misuse of Company assets or property for personal gain or gains of unauthorized users.
11. Voluntary or involuntary act of negligence in use or loss of Company assets or property.
12. Conviction in any Court of Law for any criminal offence involving moral turpitude or
detention in police custody of more than 48 hrs. Giving false information regarding one’s
name, age, father’s name, qualification or previous employer or any other information
sought at the time of joining AESL or at any other time during his /her service.
13. Breach of any rule, regulation or by-laws.
14. Threatening, abusing, assaulting and misbehaving with any superior, co-worker,
student/parent.
15. Refusal to receive and/or accept any order or notice communicated in writing.
16. Indecent remarks, gestures, abusive language, or unwarranted advances towards
colleague(s) and/or student/parent at place or extended place of work.
17. Rumour mongering, instigating employees and/or students casting unfounded aspersions
on people connected with AESL.

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 15 of 17
18. Agitating the co-workers against the policy of the Company.
19. Giving interviews to any media, and/or subscribing any written material about AESL and its
students writing and/or publishing any book/pamphlet/material, without written
permission of the authorities.
20. Indulging in anti-national activity.
21. Using of official machinery, mobile phone, sim card, data card, laptop including stationary,
manpower, computers etc. for personal and non-official use.
22. Activities which are detrimental to the AESL’s interests, goodwill and the student
community.
23. Taking up any parallel job, or starting any parallel business.
24. Indulging in or partnering in any business or work related directly or indirectly with AESL’s
work or becoming party as a vendor to AESL without written consent from the Company.
25. Smoking, Consumption of alcohol/ Narcotics/ Pan/ Gutka/ Khaini or keeping alcohol/
Narcotics/ Pan/ Gutka/ Khaini in Company’s premises or coming to the Company’s
premises after consumption of the same or spitting is strictly prohibited.
26. Smoking: Smoking is strictly prohibited in all the premises of the Company. Coming to
Company’s premises during office hours with the smell of / after smoking is also prohibited.
27. After office hours, employees should refrain themselves from indulging in any anti-social
activity with other employees of the organization.
28. Any other activity which is in contravention to the contents of the Appointment Letter,
Employment Terms & Conditions of Service for the Employees of AESL or any other
document issued by AESL from time to time.
29. Any failure to adhere to the Company norms or any act which may harm reputation of
Company in public during the social gatherings would lead to strict disciplinary action as
per the Company policy.
30. Abetment of or attempt at abetment of any of the above acts of misconduct.
31. Food: As per Company policy, all members are advised to have only vegetarian food while
in Company’s premises. Consumption of egg preparations in any form however, is
permitted. Consumption of meat preparation in any form is not permitted.
32. Not to leave the Company’s premises during office timings without obtaining due
permission. Necessary permission is required for short leave with regards to the late arrival
in morning or early departure in the evening, by one hour. Short Leave can be availed to
the maximum extent of 02 (Two) times in a calendar month.
33. ID card: Identity Card shows uniformity & strength amongst all the employees. Identity
card is a strong and undeniable proof that the employee works for the Company with pride.
Wearing Identity Card is mandatory while in office premises or outside on any official
assignment

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 16 of 17
ACCEPTANCE

The Employee hereby represents and warrants to the Company that:


(i) I have been provided with a copy of this Employment Terms & Conditions of Service for review prior
to signing it;
(ii) I have reviewed the Employment Terms & Conditions of Service and that I understand the terms,
purposes and effects of this Employment Terms & Conditions of Service;
(iii) I have signed the Employment Terms & Conditions of Service only after having had the opportunity
to seek clarifications;
(iv) I have been given a signed copy of this Employment Terms & Conditions of Service for my own
records;
(v) I have not been subjected to duress or undue influence of any kind to execute this Employment Terms
& Conditions of Service and the same will not impose an undue hardship upon myself;
(vi) I have executed this Employment Terms & Conditions of Service out of my own free will and without
relying upon any statements made by the Company or any of its representatives, agents or
employees;
(vii) This Employment Terms & Conditions of Service is in all respects reasonable and necessary to protect
the legitimate business interests of the Company;
(viii) I have all requisite power and authority, and does not require the consent of any third party to enter
into this Employment Terms & Conditions of Service and grant the rights provided herein;
(ix) The execution, delivery, and performance of this Employment Terms & Conditions of Service
by me does not and will not conflict with, breach, violate or cause a default under any agreement,
contract or instrument to which I am a party or any judgement, order or decree to which I am a subject;
(x) I am not a party to or bound by any employment agreement, consulting agreement, non-compete
agreements, confidentiality agreement or similar agreement with any other person;
(xi) The services performed by me and all items and/or materials furnished by me in connection with or
as a result of such services shall not infringe upon or violate the personal, civil or property rights, or
the rights of privacy of, or constitute a libel, slander or unfair competition against or violate or infringe
upon any common law right, copyright, trademark, trade name or patent or any other right of any
person or entity;
(xii) I will not execute any instrument or grant or transfer any rights, titles and interests inconsistent with
the terms and conditions of this Employment Terms & Conditions of Service; and
(xiii) I am legally permitted to be employed in India.

Signature of Employee:

Name (in Block Letters):

Aakash Educational Services Limited (AESL)


Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
Page 17 of 17
AAKASH EDUCATIONAL SERVICES LIMITED (“AESL”)

DIGITAL PERSONAL DATA PROCESSING CONSENT FORM

1. I, (name of Candidate) have been provided with the


Aakash Educational Services Limited (AESL) Privacy Policy and Privacy Notice, which is also
available on AESL website, and have understood the contents thereof.
2. I understand that the Privacy Notice and Privacy Policy mentioned in Paragraph 1 above, provides
information about how my personal data may be collected, used, and disclosed by AESL or its
affiliates.
3. I understand that my personal data will be used or processed only in accordance with the applicable
laws read together with the Privacy Policy and Privacy Notice issued by AESL from time to time.
4. I understand that my personal data may be shared across other entities only for official and certain
legitimate purposes.
5. I understand that I have certain rights that I enjoy as a data principal over my personal data, in relation
to its collection, use and processing. These rights relate to confirmation and access, correction and
erasure, objection of disclosure, and portability of my personal data. These rights are available to me
in the manner set out in the Employment Terms & Conditions notified to me and the Privacy Policy
and Privacy Notice issued by AESL from time to time.
6. I understand that this consent shall be read with the Privacy Policy and Privacy Notice and the
applicable law for the processing of personal data. The rights available to me including the right to
withdraw the consent shall be governed in accordance with the applicable law.
7. I shall/have not suppress/ed any material information while providing my personal data for any
document, unique identifier, proof of identity or proof of address issued by the State or any of its
instrumentalities and shall furnish only such information as is verifiably authentic

Having read and understood the points mentioned above, I consent to allow AESL to collect, store, use, share
or process my personal data as may be necessary for the specified purpose as mentioned in the Privacy Policy
and Privacy Notice and for the purposes permitted under the law. I declare that my consent as given by me is
free, specific, informed, unconditional and unambiguous and the same hereby signifies an affirmative action
for collection, storage, processing and transfer of my personal data including as detailed in the Privacy Policy
and Privacy Notice as well as for certain legitimate uses in accordance with the applicable law for the time
being in force.

I understand and agree to provide the documents in a manner that is in accordance with the AESL Employment
Terms & Conditions, the Privacy Policy and Privacy Notice, any information security policy, data archival
and retention guidelines, any other policy that may be notified from time to time for the implementation of
the abovementioned policies, and any other law that may be applicable.

This Consent Form signed by (Name):

Signature:

Date:

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