Employment Agreement (India) — Standard

Standard employment agreement aligned with Indian labour codes (Code on Wages 2019, IR Code 2020), Shops & Establishments Act of the relevant state, DPDP Act 2023, and the Section 27 ICA reality on non-competes (skipped) and non-solicit (narrow + enforceable). Default 90-day notice, gardening-leave option, IP assignment, moonlighting clause.

Jurisdiction

India

Length

1,089 words

Licence

Free reuse, no attribution

Last reviewed

2026-08-19

EMPLOYMENT AGREEMENT This Employment Agreement (this "Agreement") is entered into on {{EXECUTION_DATE}} between: (1) {{COMPANY_NAME}}, having its registered office at {{COMPANY_ADDRESS}} (the "Company"); and (2) {{EMPLOYEE_NAME}}, residing at {{EMPLOYEE_ADDRESS}} (the "Employee"). 1. POSITION AND DUTIES 1.1 The Company hereby employs the Employee in the role of {{POSITION}}. 1.2 The Employee shall report to {{REPORTING_MANAGER}} and shall be based at {{WORK_LOCATION}} (subject to any work-from-home or remote-work policy the Company may adopt). 1.3 The Employee shall: (a) faithfully and diligently perform the duties associated with the Position; (b) comply with all reasonable directions of the Company; (c) comply with the Company's policies (including its Code of Conduct, Prevention of Sexual Harassment Policy, Data Protection Policy and IT Acceptable Use Policy); (d) act in the Company's best interests at all times. 2. TERM AND COMMENCEMENT 2.1 Employment shall commence on {{START_DATE}} and shall continue indefinitely until terminated in accordance with Clause 8. 2.2 The first {{PROBATION_MONTHS}} months shall be a probationary period during which either party may terminate this Agreement on {{PROBATION_NOTICE_DAYS}} days' written notice. 3. WORKING HOURS 3.1 Standard working hours are {{WORK_HOURS_PER_WEEK}} hours per week, typically Monday to Friday from {{WORK_START_TIME}} to {{WORK_END_TIME}}. 3.2 The Employee may be required to work additional hours from time to time consistent with the responsibilities of the Position, with no additional compensation save where required by applicable law (including the Code on Wages 2019). 4. REMUNERATION 4.1 The Employee shall be paid an annual gross salary of ₹{{ANNUAL_SALARY_GROSS}} (the "Cost to Company"), broken down per the salary structure set out in Schedule 1. 4.2 Salary shall be payable monthly in arrears, by direct credit to a bank account nominated by the Employee. 4.3 Statutory deductions (Income tax under TDS, Provident Fund, Professional Tax, ESI where applicable) shall be made in accordance with applicable law. 4.4 The Company shall maintain Group Mediclaim and Group Term Life coverage for the Employee per the Company's standard policy. 4.5 The Employee shall be eligible for an annual performance-linked bonus of up to {{BONUS_PERCENT}}% of CTC, payable at the Company's sole discretion based on individual and company performance. 5. LEAVE 5.1 The Employee shall be entitled to: (a) {{CASUAL_LEAVE_DAYS}} days of casual leave per calendar year; (b) {{SICK_LEAVE_DAYS}} days of sick leave per calendar year; (c) {{EARNED_LEAVE_DAYS}} days of earned leave per calendar year; (d) public holidays declared by the Company (typically 10 days); (e) maternity / paternity leave per the Maternity Benefit Act 1961 (as amended) and the Company's parental leave policy. 5.2 Leave shall be applied for in advance via the Company's leave management system, subject to approval by the Reporting Manager. 6. INTELLECTUAL PROPERTY 6.1 The Employee hereby assigns to the Company, with full title guarantee, all right, title and interest in any work product, intellectual property, inventions, designs, software code, written content, trademarks, copyrights or trade secrets (whether registered or unregistered) created by the Employee: (a) during the course of employment, or (b) using any of the Company's resources, time, equipment or premises, that relates to the Company's business or could reasonably be expected to relate to it. 6.2 The Employee shall execute any documents reasonably required by the Company to perfect such assignment. 6.3 The Employee warrants that no pre-existing intellectual property of the Employee or any third party shall be incorporated into the Company's work product without prior written disclosure to and consent of the Company. 7. CONFIDENTIALITY AND NON-SOLICIT 7.1 The Employee shall keep confidential all Confidential Information of the Company during employment and for a period of {{CONFIDENTIALITY_YEARS}} years thereafter, except as required by law or with the Company's prior written consent. 7.2 For a period of {{NON_SOLICIT_MONTHS}} months following cessation of employment, the Employee shall not solicit (a) any employee of the Company with whom the Employee had material contact in the 12 months preceding cessation, or (b) any client of the Company with whom the Employee had a business relationship in the 12 months preceding cessation, in each case for any business that competes with the Company. 7.3 The Parties acknowledge that Section 27 of the Indian Contract Act 1872 makes post-termination non-compete obligations unenforceable, and accordingly no such restraint is imposed. 8. MOONLIGHTING AND OUTSIDE WORK 8.1 The Employee shall not, during the term of employment, engage in any other employment, business, consultancy or freelance activity that (a) competes with the Company's business; (b) creates a conflict of interest; or (c) materially affects the Employee's ability to perform duties under this Agreement, without the prior written consent of the Company (such consent not to be unreasonably withheld). 9. TERMINATION 9.1 After the probation period, either party may terminate this Agreement by giving {{NOTICE_PERIOD_DAYS}} days' prior written notice (the "Notice Period"), or payment of salary in lieu of notice. 9.2 The Company may terminate without notice and without payment in lieu of notice in case of (a) gross misconduct, (b) conviction of a criminal offence involving moral turpitude, (c) breach of confidentiality, IP or non-solicit obligations, or (d) any other ground recognised as misconduct under applicable law. 9.3 The Company may, at its option, place the Employee on garden leave during all or part of the Notice Period, during which the Employee shall continue to receive salary but shall not be required (and may be restricted from) attending the workplace or contacting clients / employees. 9.4 On cessation, the Employee shall (a) return all Company property, documents and data, (b) provide reasonable handover assistance, and (c) not retain any copies of Confidential Information in any form. 10. DATA PROTECTION 10.1 The Employee acknowledges that the Company will collect, store and process the Employee's personal data for HR, payroll, tax, benefits and related employment-administration purposes, in accordance with the Digital Personal Data Protection Act 2023 and the Company's Privacy Policy. 11. GOVERNING LAW AND DISPUTE RESOLUTION 11.1 This Agreement is governed by Indian law. 11.2 Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts at {{COURT_CITY}}, save that the Company may in its discretion refer the dispute to arbitration under the Arbitration and Conciliation Act 1996. 12. MISCELLANEOUS 12.1 This Agreement, together with the offer letter and any Schedules, constitutes the entire agreement between the Parties on the subject of employment. 12.2 Any amendment must be in writing and signed by both Parties. SCHEDULES Schedule 1 — Salary Structure (Basic, HRA, Special Allowance, PF, etc.) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. For {{COMPANY_NAME}} Employee By: ______________________ ______________________ Name: {{COMPANY_SIGNATORY_NAME}} {{EMPLOYEE_NAME}} Title: {{COMPANY_SIGNATORY_TITLE}} Date: ____________________

Licence & disclaimer

Free to use, copy, modify and redistribute, including commercially, without attribution.

Provided as-is as a drafting starting point. This is not legal advice and does not create an attorney-client or advocate-client relationship. Indian law is fact- and state-specific — stamp duty, registration and several employment obligations vary by state. Have a qualified advocate or company secretary review any document before you sign it.

Employment Agreement (India) — Standard

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