Mahima Sharma - Contract PDF

Download as pdf or txt
Download as pdf or txt
You are on page 1of 16

INDIGO TURBOPROP CABIN CREW EMPLOYMENT AGREEMENT

AMONGST

Mahima Sharma

AND

INTERGLOBE AVIATION LIMITED

March 13, 2023

RAKESH PRASAD

16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

THIS INDIGO TURBOPROP CABIN CREW EMPLOYMENT AGREEMENT (this “Agreement”), is


executed on the 13th day of March, 2023,

BY:

Mahima Sharma, resident of D/O Mohan Singh Sharma, Tapkeshwar Road,Near Chandra Institute,
Kaulagarh,I.P.E., Dehradun, Uttarakhand 248195 (hereinafter referred to as “Cabin Crew”) of the ONE PART;

AND

InterGlobe Aviation Limited, a company incorporated under the laws of India having its corporate offices at
Tower C, 2nd Floor, Global Business Park, Mehrauli - Gurgaon Road, Gurugram - 122002, Haryana, India
(hereinafter called the “Company”, which expression shall include its successors, nominees and assigns) of the
SECOND PART.

(The Cabin Crew and the Company shall be individually referred to as the “Party” and collectively as the
“Parties”).

IN CONSIDERATION OF THE PREMISES AND MUTUAL PROMISES AND COVENANTS SET


FORTH HEREINAFTER, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Definitions

In this Agreement, unless the context otherwise requires: (i) capitalized terms defined by inclusion in
quotations and/or parentheses have the meanings so ascribed; and (ii) the following words and expressions
will have the meanings ascribed to them below:

“Available To Fly” means that the Cabin Crew (i) is available to perform duties in the service of the
Company, (ii) is engaged in any training being provided by the Company, (iii) is on approved leave (but
not on leave without pay) in accordance with the applicable policies of the Company, or (iv) is on any
other authorized Company business.

“ATR Performance Bonus Programme” has the meaning assigned to it in Clause 5.2 of the Agreement.

“Cabin Attendant (Grade TRG)” means a cabin crew who is in the process of undergoing ground
training and does not perform flying duties during such training period.

“Cabin Attendant” means a cabin crew who meets the requisite qualifications, experience and such other
criteria as laid down by the DGCA and as determined by the Company.

“Cabin Crew in Good Standing” means that the Cabin Crew is eligible for normal pay and benefits and
(i) who has not resigned from his/ her employment other than in accordance with the terms of this
Agreement, and/or (ii) who has not been terminated by the Company, and/or (iii) against whom no
disciplinary action has been taken by the Company in accordance with the terms of this Agreement.

“Calendar Month” means the period from and including the first day of, to and including the last day of,
each English calendar month of the year.

“Check Cabin Attendant” means a cabin crew who meets the requisite qualifications, experience and
such other criteria as laid down by DGCA and the Company for a ‘Check Cabin Attendant’, and in
addition to undertaking the duties of a Lead Cabin Attendant also undertakes periodic checks with respect
to: (i) other cabin crew; and (ii) surveillance of the cabin of an aircraft. RAKESH PRASAD
1
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

“DGCA” means the Directorate General of Civil Aviation, Government of India.

“Domicile” means a station which is the location where the Cabin Crew is posted during the term of this
Agreement.

“Effective Date” has the meaning assigned to it in Clause 2 of this Agreement.

“Lead Cabin Attendant” means a cabin crew who meets the requisite qualifications, experience and
such other criteria as laid down by DGCA and the Company for a ‘Lead Cabin Attendant’ and who has
the overall responsibility for: (i) the conduct and coordination of cabin safety procedures applicable
during the operations of a flight; and (ii) leading the other cabin crew in the aircraft.

“Long Term Leave Period” has the meaning assigned to it in Clause 6.3 of this Agreement.

“PAN” has the meaning assigned to it in Clause 5.3 of this Agreement.

“Proprietary and Confidential Information” has the meaning assigned to it in Clause 8.1 of this
Agreement.

“Roster Period” means successive periods comprising of such number of days as determined by the
Company from time to time, for rostering purposes.

“Sector Hours” means flying hours of the Cabin Crew calculated on the basis of sector values,
determined in accordance with the policies and directions of the Company.

“Status” means a cabin crew’s awarded designation by the Company as Cabin Attendant, or Lead Cabin
Attendant and/or Check Cabin Attendant.

“TMU Policy” has the meaning assigned to it in Clause 3.9 (a) of this Agreement.

2. Appointment

The Company hereby appoints the Cabin Crew as Cabin Attendant (Grade Tr), initially Domiciled in
Hyderabad, with effect from March 30, 2023 or such other date notified in writing by the Company
(“Effective Date”), subject to the terms and conditions set forth in this Agreement, and the Cabin Crew
hereby accepts such appointment.

3. Duties and Responsibilities

3.1 The Cabin Crew shall at all times, be capable of carrying out the duties of a Cabin Attendant (Grade
Tr) of the ATR 72-600 aircraft, operated by the Company and shall undertake his/her duties on domestic
and/or international routes, as determined by the Company and shall perform such other duties as are
assigned to the Cabin Crew from time to time.

3.2 As a part of the Cabin Crew’s responsibilities, the Cabin Crew shall be responsible for the effective
functioning of the staff or employees, if any, under his/her supervision.

3.3 The Cabin Crew shall, at all times, meet all requirements specified by the DGCA or such other regulatory
authorities, which are applicable to his / her performance of duties for the Company.

3.4 The Cabin Crew shall carry out his / her duties diligently in accordance with: RAKESH PRASAD
2
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

(a) this Agreement;

(b) any other agreements that may be entered into between the Cabin Crew and the Company including any
training agreements;

(c) operational instructions as contained in the orders or circulars of the DGCA or any other governmental
authority;

(d) any working orders or notices issued orally or in writing from the Company to the Cabin Crew, in effect
from time to time, and in the case of any conflict between such working orders or notices (as the case
may be) and this Agreement, such working orders or notices (as the case may be) shall prevail; and

(e) the manuals and/or policies (including amendments thereto) of the Company in effect from time to time
and in the case of any conflict between such policies and this Agreement, such policies shall prevail.

3.5 During the course of the Cabin Crew’s employment with the Company, the Cabin Crew shall, at all times,
keep him/herself informed of and updated with all of the policies and procedures of the Company in force,
including but not limited to matters concerning flight operations, safety, leaves, code of conduct and
medical policies. The Company shall, at its sole discretion, have the right to amend its policies at any
time, remove any policies or formulate new policies and the Cabin Crew shall be bound to be aware of
and comply with such amended/updated policies.

3.6 The Cabin Crew shall serve the Company as a cabin crew member in any part of the world and on any of
the routes served by the Company, as determined by the Company, including revenue flights, non-revenue
flights, training flights, test flights, delivery flights, ferry flights, demonstration flights, positioning flights
and/or chartered flights and/or familiarization flights and/or proving flights, as determined by the
Company and/or by the regulatory authorities. The Cabin Crew’s duties shall also include duties to be
performed by him/her as an Additional Crew Member (“ACM”) and/or Dead Head Crew (“DHT”) to
perform flying duties and/or stand by duties and/or reserve duties and/or office duties, in accordance with
the policies and/or circulars and/or notices governing ACM/DHT duties.

3.7 The Company shall prepare a roster and assign flights within a Roster Period to the Cabin Crew prior to
the commencement of such Roster Period and the Company may amend such roster from time to time
due to operational reasons and the Cabin Crew shall at all times adhere to such roster. In addition, the
Cabin Crew may be assigned additional flights by the Company during a Roster Period, in accordance
with the Company’s requirements, provided that the Company shall comply with any applicable DGCA
requirements in this respect.

3.8 A Cabin Crew may be required to fly the Company’s aircraft from his/her Domicile or designated
operating station of the Company. In the event the Company determines that changes in staffing are
required at one or more of its Domiciles, the Company may require the Cabin Crew to fill an identified
Domicile vacancy.

3.9 The Cabin Crew’s continued employment with the Company shall be subject to the following conditions:

(a) Medical Fitness: The Cabin Crew shall at all times be in sound health and shall not be found medically
unfit as per the Company policies and/or any applicable governmental authority including DGCA. The
Company shall have the right to require the Cabin Crew to undergo appropriate medical examinations, as
and when deemed necessary in the sole discretion of the Company, by a medical professional designated
by the Company and / or the DGCA. The decision of the appointed medical professional shall be final
RAKESH PRASAD
3
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

and binding on the Parties. If in the opinion of the Company, the Cabin Crew is found to be temporarily
medically unfit, while carrying out the duties assigned by the Company, the Temporarily Medically Unfit
Policy of the Company (“TMU Policy”) shall apply to the Cabin Crew. Provided that the Company shall
have the right to initiate appropriate action against the Cabin Crew including termination of his/her
employment as a result of such medical unfitness and/or temporary medical unfitness.

(b) Alcohol or Substance Abuse: The Company shall have the right to require the Cabin Crew to undergo
examination for use/consumption of alcohol or psychotropic substances or psychoactive substances as
per the applicable regulations of DGCA and other drugs, including narcotics, as and when deemed
necessary in the sole discretion of the Company by a professional designated by the Company and / or
the DGCA. The decision of the appointed professional shall be final and binding on the Cabin Crew.

(c) Veracity of Particulars Submitted: If the qualifications, references or any other particulars furnished by
the Cabin Crew to the Company before or after the date of this Agreement, including in respect of any
past employment records, regulatory, disciplinary or other proceedings or action, are in any manner found
to be false, incorrect or inaccurate, or if any material relevant information has been suppressed or
concealed by the Cabin Crew from the Company, the Cabin Crew shall be deemed to be in breach of this
Agreement.

(d) Exclusive Employment: During the period of the Cabin Crew’s employment with the Company, he / she
shall work exclusively for the Company and shall not secure any other job, either for remuneration or on
an honorary basis, unless pre-approved by the Company in writing, which approval shall be subject to
such conditions as the Company deems fit.

(e) Licenses and Permits. The Cabin Crew shall, at all times, be in possession of all valid licenses required
to perform his / her duties, including any other documents, registrations, certificates, approvals, licenses,
identification proof, valid medical fitness certificate required by the Company or any governmental
authorities, required for the purpose of carrying out his/her assignments or for the purposes of his/her
employment with the Company or to obtain the airport entry permit issued by the airport operator. The
Cabin Crew shall also ensure that his / her passport, without emigration check requirements, is valid at
all times.

(g) Successful completion of the Training/Internal Assessment/Tests. The Cabin Crew shall be required to
successfully complete any training and/or internal assessment test that may be conducted by or on behalf
of the Company, to its satisfaction. Notwithstanding anything contained in this Agreement, during any
period of corrective and/or recurrent and/or curative trainings attended by the Cabin Crew, the Cabin
Crew shall be eligible for remuneration in accordance with Schedule 1 to this Agreement, other than the
component of Base Flying Pay, which shall not be payable to the Cabin Crew.

(h) Compliance with laws in all jurisdictions: The Cabin Crew shall be required to be in compliance with all
applicable laws of any jurisdiction in order for the Cabin Crew to perform his/her duties or obligations
under this Agreement, in any jurisdiction including India. The Cabin Crew shall be obligated to inform
the Company of any such non-compliance of any such laws.

4. Change in Designation or Structure

4.1 The Company shall have the right to change the Cabin Crew’s Status (including but not limited to
designation and/or reporting structure), subject to the Cabin Crew’s qualifications and/or performance
standards and the Cabin Crew agrees that such change in Status may result in an upgrade or a downgrade
in his/ her Status.

RAKESH PRASAD
4
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

4.2 The Cabin Crew agrees and acknowledges that in the event his/her change of Status results in an upgrade,
the Company shall have the right to increase the Cabin Crew’s emoluments or remuneration as set forth
in this Agreement.

4.3 The Cabin Crew further agrees and acknowledges that in the event his/her change of Status results in a
downgrade, the Company shall have the right to reduce the Cabin Crew’s emoluments or remuneration
as set forth in this Agreement.

5. Compensation and Taxes

5.1 With effect from the Effective Date, subject to the Cabin Crew remaining a Cabin Crew in Good Standing
and the provisions of this Agreement, the Cabin Crew shall be entitled to the remuneration and statutory
benefits as set forth in Schedule 1 to this Agreement. Schedule 1 to this Agreement also sets forth
different categories of such remuneration and statutory benefits, and the conditions or terms of such
remuneration and statutory benefits, if any. Upon re-designation of the Cabin Crew from Cabin Attendant
(Grade TRG) to a Cabin Attendant upon successful completion of training, subject to the Cabin Crew
remaining a Cabin Crew in Good Standing and the provisions of this Agreement, the Cabin Crew shall
be entitled to the remuneration and statutory benefits as set forth in Schedule 2 to this Agreement.
Schedule 2 to this Agreement also sets forth different categories of such remuneration and statutory
benefits, and the conditions or terms of such remuneration and statutory benefits, if any.

5.2 In addition to the remuneration set forth in Schedule 1 or Schedule 2, as the case may be, the Cabin Crew
shall be eligible to participate in a performance pay or bonus programme (“ATR Performance Bonus
Programme”) of the Company. In terms of the ATR Performance Bonus Programme, in the event that
the operations of the Company meet or exceed certain financial and/or operational targets for a given
financial year, the Company, at its discretion, may make a bonus payment to the Cabin Crew up to a
maximum of five per cent (5%), of the sum of the Basic Pay, House Rent Allowance, Base Flying Pay,
Special Allowance and the Uniform Allowance of the Cabin Crew, in such instalments and periodicity as
determined by the Company.

5.3 All payments made to the Cabin Crew by the Company shall be subject to withholding of taxes as
applicable under the laws of India. The Cabin Crew shall be liable for any and all applicable taxes arising
out of payments made by the Company to the Cabin Crew. It is hereby clarified that as per the provisions
of the Income-tax Act, 1961 (as amended from time to time), it shall be the Cabin Crew’s obligation to
furnish to the Company, a true and correct copy of his/her Indian Permanent Account Number (“PAN”)
card issued by the Income-tax authorities, in order to enable the Company to release payments to the
Cabin Crew pursuant to this Agreement, failing which the Company shall have the right to deduct
withholding tax at the rates as applicable under the Income-tax Act, 1961 (as amended from time to time),
due to the non-availability of such PAN. The Cabin Crew shall be solely responsible for the authenticity
and validity of the PAN card details furnished to the Company and shall at all times keep the Company
indemnified in this regard.

6. Leaves and Days Off

6.1 During the term of this Agreement the Cabin Crew shall be provided with leaves (including sick leaves)
in accordance with the applicable Company policies.

6.2 The Cabin Crew shall be entitled to such number of days off/rest period in a month, as prescribed by
applicable law/regulations. RAKESH PRASAD
5
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

6.3 Long Term Disability/ Illness

The Company, in its discretion, may grant the Cabin Crew extended leave on account of illness for any
period up to a maximum of one hundred eighty (180) days (“Long Term Leave Period”) during the term
of this Agreement, in accordance with the applicable policies of the Company.

7. Representations and Warranties

The Cabin Crew hereby represents and warrants to the Company that (a) all representations, information
and documents relating to, inter alia, the Cabin Crew’s licenses, testimonials and certificates of academic
qualification and professional accreditations regarding past employments, made or furnished by the Cabin
Crew to the Company is or will be true and correct; (b) he/she is not subject to or party to any covenants,
agreements, restriction or proceeding arising out of the Cabin Crew’s prior employment or independent
contractor relationships which would be breached or violated by the acceptance by the Cabin Crew of the
appointment or performance of the Cabin Crew’s duties hereunder; (c) there are no suits or legal
proceedings or administrative actions or disciplinary proceedings of any nature whatsoever, pending or
threatened against the Cabin Crew and the Cabin Crew is not bound by or subject to any court order or
any other disability of any nature which may, in any way, restrict or prohibit the Cabin Crew from
accepting or continuing with this appointment or from performing his/her duties or providing services on
the terms and conditions contained herein.

8. Confidentiality

8.1 The Cabin Crew acknowledges and agrees that during the Cabin Crew’s employment with the Company,
the Cabin Crew may be provided with or come in contact with or create certain Proprietary and
Confidential Information. The term “Proprietary and Confidential Information” shall mean written,
oral, documentary, visual or other information, including but not limited to drawings, formulas, processes,
specifications, photographs, documents, breadboards, samples, models, machines, tools,
software/hardware, machine-readable media of any kind and other information submitted hereunder,
including business information, customer lists and details, customer information, business strategy, know-
how, trade secrets, business strategy etc. of Company and/ or any of its holding company(ies),
subsidiaries, affiliates, customers, officers, employees, directors, consultants and / or advisors, including
which is marked proprietary, confidential, or the equivalent, or which the Company indicates in writing
or verbally at the time of transmittal to, or any information that anyone receiving such information
including the Cabin Crew, may reasonably consider as proprietary, confidential or the equivalent.
Proprietary and Confidential Information also includes notes, extracts, analyses or materials prepared by
the Company and/ or any of its holding company(ies), subsidiaries, affiliates, customers, officers,
employees, directors, consultants and / or advisors that is in possession of the Company, which are copies
of or derivative works of any Proprietary and Confidential Information, or from which the substance of
the Proprietary and Confidential Information can be inferred or otherwise understood.

8.2 Information shall not be deemed Proprietary and Confidential Information and the Cabin Crew shall have
no obligation with respect to any such information, if the Cabin Crew can prove by written records: (i)
that it was already known to the Cabin Crew, prior to its receipt from the Company, without any obligation
to maintain confidentiality, from a source other than the Company; (ii) is or hereafter becomes publicly
known through no wrongful act, fault or negligence of the Cabin Crew; (iii) is received by the Cabin Crew
without restriction and without breach of this Agreement, from a third party entitled to so disclose it; (iv)
is approved for release by written authorization of the Company; (v) is independently developed by the
Cabin Crew without, either directly or indirectly, any access to, or knowledge of, such Proprietary and
Confidential Information; or (vi) is required to be disclosed to comply with applicable law or any order
of a judicial and /or regulatory authority of competent jurisdiction. If the CabinRAKESH
Crew PRASAD
is required to
6
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

disclose any such Proprietary and Confidential Information in such a manner, the Cabin Crew shall
immediately notify the Company of such a requirement prior to such disclosure, to the extent possible.

8.3 The Cabin Crew shall use, disclose and/or make copies of the Proprietary and Confidential Information
received, at any time, solely in respect of the Cabin Crew’s duties as part of the Cabin Crew’s employment
and association with Company. The Cabin Crew shall, upon the termination of this Agreement or at the
request of Company, at any time, promptly return to the Company, all tangible forms of the Proprietary
and Confidential Information, including any and all copies and partial copies thereof, whether machine
readable or otherwise. The Cabin Crew shall ensure full confidentiality of Proprietary and Confidential
Information at all times during or after cessation of the Cabin Crew’s employment.

8.4 The Cabin Crew agrees that as a part of maintaining its employment records and for operational reasons,
the Company shall store personal information pertaining to the Cabin Crew, in its database and the Cabin
Crew shall have no objection to such storage. The Cabin Crew agrees that the Company shall, at all times
(including after the cessation of the Cabin Crew’s employment with the Company), have the right to retain
and/or display any photos, images and/or videos of the Cabin Crew taken by the Company or made
available by the Cabin Crew to the Company, for the purpose of the Company’s promotional activities.

8.5 The Cabin Crew acknowledges and agrees that damages suffered by Company or any of its holding
company(ies), subsidiaries, affiliates and / or customers, shall be difficult to ascertain and inadequate to
completely compensate or remedy the damages suffered, in the event of breach of any of the contents of
this Agreement by the Cabin Crew, and the Cabin Crew agrees that Company either for itself or for its
holding company(ies), subsidiaries, affiliates and / or customers shall be free to seek any remedy under
law including any temporary or permanent injunction and / or specific performance in order to protect its
rights hereunder, without limiting any other rights and remedies that Company may have.

9. Non- Solicitation

9.1 The Cabin Crew shall not, at any time, during the term of his/her employment with the Company or
thereafter, and under any circumstances, directly, indirectly or in any other manner solicit the Company’s
and/ or any of its subsidiaries’ and / or affiliates’ personnel to leave the employment of the Company and/
or any of its subsidiaries and / or affiliates or apply for employment with any third party or encourage
such personnel of the Company. The Cabin Crew further agrees that he/she shall not engage in soliciting
business or allied business that is in any way similar, identical or competitive with the
business/activities/services of the Company, or with those customers of the Company with whom the
Cabin Crew has had any contact, during his/her employment with the Company.

9.2 Any failure by the Cabin Crew to comply with the obligations set forth in Clause 9.1 of this Agreement
shall be deemed to be a material breach of this Agreement and shall result in irreparable loss, damage and
injury to the Company.

10. Other Terms

10.1 Contact Information

The Cabin Crew shall at all times keep the Company informed of his / her current postal address, email
address, residence telephone number and mobile telephone number, in writing. Any communication sent
to the Cabin Crew by the Company to the most recent contact information in the Company’s files at the
time the communication was sent will be deemed to have been duly served by the Company to the Cabin
Crew.

10.2 Manuals RAKESH PRASAD


7
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

The Company shall provide the Cabin Crew with all prescribed manuals and documents required for the
performance of his / her duties, whether in physical form or electronically including for purchase by the
Cabin Crew. The Company may update its manuals and documents from time to time. The Cabin Crew
shall be responsible for keeping track of, acknowledging, reading, understanding and following such
updates. Manuals shall remain the property of the Company and shall be returned to the Company
immediately upon the cessation of the Cabin Crew’s employment with the Company. The Cabin Crew
acknowledges that all manuals are security items and if lost, the Cabin Crew shall immediately report
such an incident to his/ her reporting manager.

10.3 Transportation

For the purposes of carrying out his/her flying duties, the Company will provide the Cabin Crew with
transportation to and from the airport, either by providing the Cabin Crew a taxi allowance, or by
providing Company-paid pick-up and drop-off service, depending on the Cabin Crew’s location, subject
to the Company’s applicable policies.

10.4 Duty Travel

The Company will arrange the Cabin Crew’s travel while on duty on its own flights, but may use the
services of another carrier to ensure operational reliability. If another carrier’s services are used, the
Company shall pay the Cabin Crew’s airfare and will determine the carrier and class of service to be used.
The Company will provide the Cabin Crew with suitable accommodation consisting of bed, breakfast and
an allowance to cover meals and incidentals, at a rate to be determined by the Company that is appropriate
for the location, wherever applicable. The Company’s choice of carrier, class of service, hotel
accommodation and out-of-pocket allowances may be updated from time to time as determined by the
Company.

10.5 Personal Travel

The Cabin Crew and his/her spouse and dependents will be eligible for personal travel on Company flights
in accordance with the Company’s Staff Leisure Travel Policy.

10.6 Meals on Board

The Company will provide the Cabin Crew with light meals or snacks on board during his/her duty.

10.7 Training

(a) Depending upon the Cabin Crew’s prior work experience, at the time of joining the employment of the
Company or prior to commencement of the Cabin Crew’s duties with the Company, as the case may be,
the Cabin Crew may be required to undergo specialized training(s) / skill and / or knowledge enhancement
/ developmental program to enable him/her to effectively discharge his/her responsibilities. In such cases
the Company may propose that an agreement, in a form and manner acceptable to the Company, be
entered into between the Cabin Crew and the Company. Such agreement shall primarily intend to offset
the expenses incurred by the Company towards the Cabin Crew’s specialized training / skill and / or
knowledge enhancement. In the event that such agreement is executed between the Cabin Crew and the
Company, such agreement shall form an integral part of this Agreement and the Cabin Crew shall always
be bound by the terms of such agreement. In the event of any conflict in respect of any provisions between
the contents of this Agreement and such agreement, the provisions of such agreement shall take
precedence.
RAKESH PRASAD
8
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

(b) Proficiency post Training. Upon completion of the aforesaid training, the Cabin Crew will be released for
flying duties subject to achieving a minimum score required by the Company or the relevant governmental
authority, and as communicated to the Cabin Crew.

10.8 Insurance

(a) The Company will contract with a third party insurer and will pay the necessary premium(s) in order to
provide the insurance benefits to the Cabin Crew set forth in this Clause 10.8. Any claim on the policies
listed herein will be made by the Cabin Crew against the insurer, and the Company shall not be responsible
for issues related to claims management, disputes over appropriate documentation, or litigation with the
insurer for denial of any claim for any reason whatsoever.

(i) Medical Insurance: The Company will provide medical insurance coverage to the Cabin Crew
and his/her dependents (spouse and two (2) children) in the event of hospitalization due to disease
/ injury. The Company will bear the cost of the insurance coverage. The insurance policy will be
a standard ‘Family Floater Policy’ available generally among reputed third-party insurers, with a
coverage limit of Rupees Two Lakhs Only (Rs. 2,00,000/-) per year, or as may be the relevant
coverage amount as amended by the Company from time to time. In addition, the Cabin Crew
shall have the right to extend coverage to include his / her dependent parents, or increase the
coverage amount for the Cabin Crew or his/her dependents (spouse and two (2) children), by
paying 100% of any additional premiums incurred to do so as per the rates negotiated by the
Company with the insurance company.

(ii) Aircraft Accident. If the Cabin Crew suffers injury / death in the unlikely event of an aircraft
accident, compensation to the Cabin Crew or next of kin, as the case may be, will be paid as per
the provisions of applicable law and as covered under the comprehensive insurance policy for the
aircraft.

(iii) Other Insurance Benefits: Other insurance benefits (if any) shall be applicable to the Cabin Crew
as per prevailing company policies.

11. Term, Termination and Suspension

11.1 Term

This Agreement shall continue in full force and effect for a period of three (3) years from the date of
execution of this Agreement unless terminated earlier in accordance with the terms herein. The Company
may extend the term of the Cabin Crew’s employment at its sole discretion.

11.2 Termination for Cause

Notwithstanding anything to the contrary herein, this Agreement shall terminate in accordance with the
provisions set forth in this Clause 11.2, upon the occurrence of any of the following:

(a) Death: Automatically on the date of death of the Cabin Crew.

(b) Long Term Disability/Illness: Where the Company has, in its discretion, granted the Cabin Crew leave on
account of long term disability/illness pursuant to Clause 6.3, if the Cabin Crew is unable to perform her
duties as required by the Company from time to time for a single period, or combination of periods, which
in aggregate exceed the Long Term Leave Period. Provided however that termination in such instance
shall be effective only after the expiry of the Long Term Leave Period.
RAKESH PRASAD
9
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

(c) Material Breach: By a notice in writing issued by the Company to the Cabin Crew upon a breach by the
Cabin Crew of the provisions of this Agreement or any other agreement executed by the Company and
Cabin Crew, or breach of any of the Company’s policies and/or circulars and/or written communications
and/or rules and/or guidelines of hotels and/or guest houses or such other places where Cabin Crew would
be required to be present as a part of his/her duties.

(d) Failure to comply with laws in all jurisdictions: By a notice in writing by the Company to the Cabin Crew
if the Cabin Crew has failed to comply and/or has breached any applicable laws of any jurisdiction due
to which the Cabin Crew is or may be unable to perform his/her duties or obligations under this
Agreement, in any jurisdiction including India and/or if any criminal investigation or proceedings are
initiated against the Cabin Crew in any jurisdiction.

(e) Incompetence or Negligence: By a notice in writing issued by the Company to the Cabin Crew if the
Cabin Crew, based upon an investigation conducted by the Company, is found to be guilty of
incompetence or negligence in the performance of his / her duties.

(f) Unsatisfactory Work Conduct: By a notice in writing issued by the Company to the Cabin Crew if the
Cabin Crew, based upon an investigation conducted by the Company, is found to have exhibited work
conduct that is, in the opinion of the Company, unsatisfactory, including but not limited to acts of
insubordination, dishonesty, insobriety, theft, intimidation, sexual harassment, ethical infractions, acts or
omissions that are detrimental to the reputation and /or business interests of the Company or other
behaviour prohibited by Company policy.

(g) Failure to successfully complete trainings assigned by the Company: By a notice in writing issued by the
Company to the Cabin Crew, in case the Cabin Crew fails to attend, undergo, clear or successfully
complete the Company’s internal assessment training and/or fails to clear any re-examination to the
satisfaction of the Company.

(h) Alcohol or Substance Abuse: By a notice in writing issued by the Company to the Cabin Crew if the Cabin
Crew is found to have consumed alcohol or other prohibited substances during duty or within proscribed
timeframes prior to a duty period in contravention of policies or requirements of the DGCA or the
Company and/or any applicable rules of any relevant aviation supervisory and/or regulatory authority.

(i) Failure to Undergo Preventive Treatment: By a notice in writing issued by the Company to the Cabin
Crew if the Cabin Crew refuses or fails to undergo any inoculation, vaccination, medical tests or other
preventive treatment or medical investigation directed to be taken by the Company, and as a result
becomes sick, disabled or unable to properly perform his/her duties.

(j) Illegal Activity: By a notice in writing issued by the Company to the Cabin Crew if the Cabin Crew is
found guilty of violating any law or applicable rules or regulations, including but not limited to directions
of the DGCA, with respect to the performance of his / her duties.

(k) Failure to Retain Licenses or Permits: By a notice in writing issued by the Company to the Cabin Crew
if the Cabin Crew fails to obtain or retain any of the permits, licenses or approvals which are necessary
for the Cabin Crew to perform his/her duties pursuant to this Agreement.

(l) Unprofessional Interaction with Customers or other employees: By a notice in writing issued by the
Company to the Cabin Crew if the Cabin Crew, based on an investigation conducted by the Company, is
found guilty of unprofessional interaction with customers, service providers of the Company, other
employees of the Company or the general public.
RAKESH PRASAD
10
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

11.3 Termination without Cause

Subject at all times to applicable law, the Company may terminate the Cabin Crew’s employment for any
reason, by issuing a written notice of at least thirty (30) days prior to the date of termination or, at the
discretion of the Company, by making payment in lieu of such notice.

11.4 Resignation

(a) If the Cabin Crew desires to resign from the services of the Company, the following provisions shall
apply:

(i) If the Cabin Crew is a Cabin Attendant (Grade TRG) or a Cabin Attendant - the Cabin Crew shall
provide the Company with a minimum prior written notice of one (1) month.

(ii) If the Cabin Crew is a Lead Cabin Attendant or a Check Cabin Attendant: the Cabin Crew shall
provide the Company with a minimum notice period of three (3) months.

(b) The Cabin Crew shall continue to serve the Company during his/her notice period unless such notice
period is waived off or reduced in writing by the Company. The Cabin Crew hereby agrees and
acknowledges that the Company shall, at its sole discretion, determine whether the Cabin Crew shall be
required to serve the entire notice period or be relieved from employment earlier, provided that the Cabin
Crew shall be required to make a payment to the Company in lieu of the remainder of the said notice
period not served by the Cabin Crew. In the event the Company waives off or reduces such notice period,
the Company shall not be obliged to pay the Cabin Crew any compensation beyond the date of the Cabin
Crew’s cessation of duty. If the Cabin Crew chooses to resign from the services of the Company instead
of undergoing an investigation pursuant to Clause 11.2 of this Agreement, the Company shall have the
right to refuse such resignation until such time that the investigation is completed. This Agreement shall
terminate automatically on the last working day of the Cabin Crew pursuant to the Cabin Crew’s
resignation in accordance with this Clause 11.4.

11.5 Suspension

Notwithstanding anything to the contrary contained herein, if the Cabin Crew’s employment with the
Company is liable to be terminated pursuant to Clause 11.2 of this Agreement, the Company may, in its
sole discretion, determine that the Cabin Crew be suspended from duty, either with pay or without pay,
with or without benefits, as a Cabin Crew in Good Standing or not, and/or as a Cabin Crew Available to
Fly or not and for such time as the Company deems fit.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of India and any disputes between the Parties shall be
subject to the jurisdiction of the courts in New Delhi.

12 A. Full and Final Settlement

Subject to any deductions to be made by the Company on account of any losses attributable to the Cabin
Crew, and only upon:

(i) RAKESH PRASAD


payment of any applicable amounts to be made by the Cabin Crew to the Company; and
11
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

(ii) the Cabin Crew obtaining successful clearances from all the relevant departments of the
Company,

the full and final settlement of any outstanding and undisputed amounts due to the Cabin Crew shall be
initiated by the Company after the date of cessation of the Cabin Crew’s employment with the Company.

13. Miscellaneous

13.1 Further Assurances

The Parties will, from time to time, execute and deliver all such further documents and do all acts and
things as the other Party may reasonably require to effectively carry on the full intent and meaning of this
Agreement.

13.2 Amendments

No modification or amendment to this Agreement and no waiver of any of the terms or conditions hereof
will be valid or binding unless made in writing and duly executed by or on behalf of the Parties.

13.3 Assignment

This Agreement and the rights and liabilities hereunder will bind and inure to the benefit of the respective
successors of the Parties hereto. The Parties will not assign or transfer any of their rights and liabilities
hereunder to any other Person without the prior written consent of the other Parties, provided that the
Company shall have the right to assign its rights and obligations under this Agreement to its affiliates
and/or group companies.

13.4 Specific Performance

The Cabin Crew agrees that damages may not be an adequate remedy for the Company upon a breach by
the Cabin Crew of his/her obligations under this Agreement and the Company shall be entitled to an
injunction; restraining order; right for recovery; suit for specific performance; or such other equitable
relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the Cabin Crew
from committing any violation, or enforce the performance of the covenants, representations and
obligations contained in this Agreement. These injunctive remedies are cumulative and are in addition to
any other rights and remedies the Company may have at law or in equity, including without limitation a
right for damages.

13.5 Severability

Each obligation under this Agreement will be treated as a separate obligation and will be severally
enforceable as such in the event of any obligation or obligations being or becoming unenforceable in
whole or in part. If any provision of this Agreement or the application thereof to any Party or circumstance
will be invalid or unenforceable to any extent for any reason including by reason of applicable law, the
remainder of this Agreement will not be affected thereby.

13.6 Cost and Expenses

Each of the Parties hereto will pay their own costs and expenses relating to the negotiation, preparation
and execution of this Agreement and all other documents related to the transaction.
RAKESH PRASAD
12
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

13.7 Entire Agreement

This Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and
supersedes all documents including any offer letters issued to the Cabin Crew by the Company prior to
the execution of this Agreement.

13.8 Counterparts

This Agreement may be executed in any number of counterparts, each of which when so executed and
delivered will be an original, and all such counterparts taken together will be deemed to constitute one
and the same instrument.

13.9 No Partnership

Nothing in this Agreement will be deemed to constitute a partnership between the Parties or constitute
any Party as the agent of any other Party for any purpose or entitle any Party to commit or bind any other
Party in any manner or give rise to fiduciary duties by one Party in favour of the other.

IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THEIR RESPECTIVE DULY


AUTHORISED REPRESENTATIVES TO EXECUTE THIS AGREEMENT AS OF THE DATE AND
YEAR FIRST ABOVE WRITTEN

Signed and delivered by


INTERGLOBE AVIATION LIMITED

__________________________________________
Rakesh Prasad
Associate Vice President - Human Resources (Inflight Services)

Signed and delivered by Mahima Sharma

_________________________________________

RAKESH PRASAD
13
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

Schedule 1 - Total Rewards Statement - Cabin Attendant (Grade Tr)


Name: Mahima Sharma
Department: Inflight Services

Compensation
Components of
S.No Monthly (INR) Frequency of Payment Descriptions (if any)
Compensation
If the Cabin Crew is a Cabin Crew in Good
A1 Basic 4,000 Standing in a Calendar Month, provided that
Basic Pay for partial Calendar Months will be
prorated to the nearest day.
If the Cabin Crew is a Cabin Crew in Good
A2 House Rent Allowance (HRA) 2,000 Standing in a Calendar Month, provided that
House Rent Allowance for partial Calendar
Months will be prorated to the nearest day.
If the Cabin Crew is a Cabin Crew in Good
(A) A3 Special Allowance 7,520 Monthly Standing, provided that Special Allowance for
partial Calendar Months will be prorated to
the nearest day.
If the Cabin Crew is a Cabin Crew in Good
A4 Uniform Allowance 1,500 Standing in a Calendar Month, provided that
Uniform Allowance for partial Calendar Months
will be prorated to the nearest day.

(A) Q Monthly Gross Salary 15,020 Monthly

Provident Fund (Company In accordance with the Provident


B1 1,562 Fund and Miscellaneous Provisions
Contribution) Monthly
(B) Act 1952
Gratuity is applicable as per the payment of
B2 Gratuity 192 gratuity act. Payable on separation post
completion of 5 yrs. of continuous service.
B3 Crew Bonus 751 Annual It is as per the agreement, depending on
Company profitability
(Q + B) R Cost to Company (CTC) 17,525 All increments / Salary changes calculations will
be basis CTC.

RAKESH PRASAD
14
16.03.2023 11:07
IndiGo Turboprop Cabin Crew Employment Agreement

Schedule II - Total Rewards Statement – Cabin Attendant (Year 1)

Name: Mahima Sharma


Department: Inflight Services

Compensation
Components of
S.No Monthly (INR) Frequency of Payment Descriptions (if any)
Compensation
The Cabin Crew should be Available to Fly in a
A1 Basic 8,000 Calendar Month,provided that Basic Pay for partial
Calendar Months will be prorated to the nearest day.
If the Cabin Crew is a Cabin Crew is in Good Standing
A2 House Rent Allowance (HRA) 4,000 in a Calendar Month, provided that House Rent
Allowance for partial Calendar Months will be
prorated to the nearest day.
If the Cabin Crew is a Cabin Crew in Good Standing,
A3 Special Allowance 2,800 provided that Special Allowance for partial Calendar
(A) Monthly Months will be prorated to the nearest day.
If the Cabin Crew is a Cabin Crew in Good Standing in a
A4 Uniform Allowance 1,500 Calendar Month, provided that Uniform Allowance
for partial Calendar Months will be prorated to the
nearest day.
If the Cabin Crew is a Cabin Crew in Good Standing
for an entire Calendar Month, and not temporarily
medically unfit as per applicable Company policies,
A5 Base Flying Pay 10,700 he/she will be entitled to 50:00 hoursof pay at
his/her applicable hourly rate of pay set out herein,
provided that Base Flying Pay for partial Calendar
Months will be reduced at the amount of three hours
and thirty minutes (3:30) foreach day that the Cabin
Crew is not Available to Fly.
(A) Q Monthly Gross Salary 27,000 Monthly

Provident Fund (Company In accordance with the Provident Fund and


B1 1,800 MiscellaneousProvisions Act 1952.
Contribution)
Monthly
(B) Gratuity is applicable as per the payment of gratuity
B2 Gratuity 385 act. Payable
on separation post completion of 5 yrs. of continuous
service.
B3 Crew Bonus 1,350 Annual It is as per the agreement, depending on Company
profitability
(Q + B) R Cost to Company (CTC) 30,535 All increments / Salary changes calculations will be
basis CTC.

RAKESH PRASAD
15
16.03.2023 11:07

You might also like