Nidhi Deb-OfferLetter
Nidhi Deb-OfferLetter
Nidhi Deb-OfferLetter
To,
Nidhi Deb
Mumbai
We are very pleased to offer you employment with us as Senior Interior Designer,
with effect from 16 April, 2024. You will be subject to the detailed terms that are
mentioned in this letter of employment. You will also be governed by the policies, rules
and regulations of the Company, as may be amended and modified from time to time.
Accordingly, please sign and return a copy of this letter of appointment together with the
attached Annexure “A” which is the assignment of Trademarks and IPRs to the Company,
declare your interests in Annexure “B” and sign off the non-disclosure undertaking which
is enclosed as Annexure “C”. Please initial each page of this letter.
We thank you in advance for your attention and cooperation in completing and returning
these documents, as soon as possible. Upon your signature and return to us, this letter of
employment will be treated as an employment agreement between you and us, and the
terms and conditions of this letter of employment shall govern your employment with us.
It is a pleasure to welcome you as a member of our company. We are confident that your
employment with us will prove mutually beneficial and rewarding, and we look forward to
having you join us.
The following terms will govern your employment agreement with us:
1. COMMENCEMENT DATE
Your appointment as Company’s full-time employee shall be effective from the date of
your joining which shall be on or before 16 April, 2024. It may be noted that if you do
not report for work on or before the date specified above, it shall be deemed that you are
not interested in joining the Company and this letter of Employment shall stand
automatically withdrawn with effect from one week of the said date.
2. REMUNERATION
The initial three (03) months from the date of your Appointment will be a “Probation”
period during which your suitability for the position that you have been appointed for
shall be assessed by the Company. The Company reserves the right to extend
your Probation period if deemed necessary.
4. RETIREMENT AGE
You will be retired from the services of the Company on the last day of the calendar
month in which you attain the age of Fifty-Eight years, unless the Company at its sole
discretion permits you to continue your services.
5. TAXATION
It is your responsibility to meet all requirements under the Indian tax laws, including tax
compliance and filing of tax returns. The Company will withhold income tax, profession
tax and other statutory deductions as per the applicable laws. Any penalties and or
interest due to tax, which is caused by your failure to provide the Company with relevant
information or failure to file the tax return, will be your responsibility.
During the period of employment with the Company, the Company may at any time, in
its sole discretion, transfer you to any other department of the Company or to any other
subsidiary or affiliate of Livspace or to any other location of Livspace. In such an event,
the terms and conditions governing your service shall be those applicable at the location
of the transfer or those as applicable to employees of such subsidiary or affiliate as the
case may be. Your refusal to transfer may be regarded as a breach of your contract of
employment and would lead to summary dismissal.
For all Relocations initiated by the Company, the Company will bear the expenses as per
the governing Relocation policy. If an employee resigns from his/her employment, or is
terminated for cause (including for poor performance), within 1 (One) year from date of
relocation, then the Company holds the right to recover 100% of the Relocation cost,
including but not limited to transport, stay and other expenses, which has been incurred
by the Company on the employee.
7. NOTICE PERIOD
During the pendency of Probation, either Party may terminate this Agreement by giving
7 days’ prior written notice in writing. Notwithstanding anything contained herein, the
Company reserves the right to terminate your employment during the Probation Period
without prior written notice in case of occurrence of any event as enumerated below in
Clause 8 (Termination for Cause) of this Appointment Letter.
Post successful completion of your Probation and upon confirmation of your permanent
stature within the Company, the employment hereunder may be terminated by either
party at any time, without cause; (other than termination by Company for Cause) with
prior written notice of 30 days.
Provided however that at the Company’s sole discretion, it may immediately relieve the
Employee from all duties and responsibilities by payment of 30 days’ salary in lieu of
such notice. All benefits from the Company shall cease upon completion of this notice
period.
However, if you fail to provide the required notice, as stated herein or fail to work
through the said notice period and/or co-operate in satisfactory handover of your work,
you shall not be entitled for pay equivalent to notice period. These provisions shall not
prevent the summary termination of employment based on management policy and
procedure.
8. TERMINATION
The Company may terminate your employment without any prior written notice, without
any payment on occurrence of any of the following event(s):
Please note that the Management’s decision on any such issue shall be final and you
shall be bound to abide by the same.
You are required to conform to the Company's policy regarding disclosure of information
and industrial property and consequently, when accepting this offer of appointment, you
are requested to sign Annexure "A" attached hereto, which constitutes part of your
contract of employment.
You will not take up any employment or assignment with, or remuneration or honorarium
from any other organization, body or person without the consent of the Company in
writing during the tenure of your employment with the Company. It is also to be stated
that you will not take up any employment or assignment with, or remuneration or
honorarium from any other organization, body or person in direct competition with the
Company up till 6 months from the date of your exit from the Company in the event of
termination of employment. You are required to make a full disclosure of any dealing you
propose to enter directly or through any of your relatives or family members with any of
the Company's agent, dealers, vendors, suppliers, subcontractors or the like by whatever
name called.
This Letter of Employment is personal to you and you shall not assign any rights and
obligations to any third party in any manner whatsoever. The failure/silence of the
Company at any time to insist on performance of any obligation under this Letter shall
not be treated as a waiver of its rights.
While in the service of the Company, you will be governed by the Company’s Policies and
Processes currently in existence, and those, which may be introduced from time to time
hereafter to address changing circumstances and to all common law and statutory
provisions, which may be applicable. All policies and procedures of the Company
including any modifications thereof shall be deemed to be read, understood and
accepted by you. Any act in violation of the policies and procedures of the Company will
deemed to be the breach of the employment contract.
The executive shall perform tasks that may include but not limited to Senior Interior
Designer in the company.
16.1. During the period of your employment with the Company, you shall neither give
nor accept any gifts or favors from any source/entity. The Company values honesty of
intent and purpose in all the business transactions with its employees, customers,
suppliers, vendors, government agencies, public bodies, media and associates. Equity
and fairness shall be the benchmark of Company’s dealings with them. Any violation to
the prescribed code of conduct of the Company will be viewed very seriously and will be
considered a breach of contract.
16.2. The Company prides itself as a Company with highest order of ethical conduct in
dealing with customers, dealers, vendors, suppliers, subcontractors, staff or the like by
whatever name called. As part of your association with the Company, it is important that
you fully understand this philosophy and the policies governing it. You shall maintain
utmost discipline and good conduct in your dealing with your colleagues, customers etc.,
The Company values every employee as an individual and an asset of the Company and
will not tolerate any objectionable behavior including however not limiting to verbal
abuse, sexual harassment, gender discrimination, misuse of Company’s property, theft,
cheating or any such act of any individual or body of individuals.
16.3. You shall, at all times while at the Company’s premises undertake to:
You are required to present the proof of academic qualifications. If any documentary
proof is not genuine or any information supplied by you is incorrect this could result in
summary termination of your employment.
The Company shall be free to modify the terms of this Letter and notify you of the same
and such amendments shall be binding on you.
This letter contains the entire understanding between yourself and the Company and
supersedes any previous agreement and arrangements relating to your employment.
Please signify your acceptance of the conditions by signing in the space provided and
returning to us the attached copy of this letter. We welcome you to Home Interior
Designs E - Commerce Private Limited and wish you a long and happy work association.
Yours sincerely,
Gorika Luthra
Authorised Signatory
I, Nidhi Deb, have read, understood and hereby confirm the acceptance of the foregoing
conditions as well as all the policies and procedures of the Company.
Signed: ______________
Dated : ______________
Place: Mumbai
I, Nidhi Deb, undertake and agree that I will, free of any consideration, forthwith
disclose to Home Interior Designs E - Commerce Private Limited. or its affiliates
(hereinafter referred to the “Company”) all discoveries, processes and inventions, made
or conceived by me (whether alone or in conjunction with others), whilst I am employed
by the Company and during the course and scope of my employment, relating to or
useful in any business carried on by the Company or by any company or other legal
entity to which the Company provides secretarial and/or technical and/or administrative
and/or advisory services. I herewith undertake to assign to the Company all my rights
and interest in any such inventions and undertake at the request of the Company to do
all such acts and sign all such documents as may be necessary for the Company to file
patent applications in respect of such inventions in its name.
I agree that the Company may make application at its cost and expense for patents,
registered designs and other intellectual property rights, to be obtained in the name of
the Company or its nominee(s) in India and in any other country in respect of the said
discoveries, processes and inventions. I further agree that I will, free of any
consideration, sign all such documents relating to such discoveries, processes and
inventions as may be necessary to give effect hereto and further, without charge for my
services, I will give the Company or its nominee/s and its patent agents or attorneys all
reasonable assistance in preparing applications and drawing claims and, from time to
time, upon the request and at the cost and expense of the Company, I will do all things
as are required in order to protect the rights of the Company or its nominee(s).
In the event that I should fail to sign any documents as hereinbefore provided and to
hand the same to the Company within seven (7) days after being called upon to do so in
writing, then I irrevocably nominate, constitute and appoint any director for the time
being of the Company as my true and lawful attorney and agent to do so on my behalf,
hereby ratifying, allowing and confirming whatsoever such attorney and agent shall do or
cause to be done by virtue of these presents.
If the Company does not wish to avail itself of any such discoveries, processes and
inventions it will advise me thereof in writing and I will then be at liberty to disclose such
discoveries, processes and inventions elsewhere and to take out patent and other
intellectual property protection in respect thereof in my own name and at my own cost
and responsibility, and generally to deal therewith as I may see fit.
I shall not do or indulge in any of the following, without the prior written consent of the
Company:
(a) Compete: During the employment period and for a period of at least 2 (two) years
after the employment period, I shall not directly or indirectly carry on, assist, engage in,
be concerned or participate in any business/activity (whether directly or indirectly, as a
partner, shareholder, principal, agent, director, affiliate, employee, consultant or in any
other capacity or manner whatsoever) which is similar to the business of the Company
nor engage in any activity that conflicts with my obligations to the Company and/or its
(b) Solicit Business: During the employment period I shall not solicit, endeavor to solicit,
influence or attempt to influence any client, existing or prospective customers or other
person, directly or indirectly, to purchase products / services from any person, firm,
corporation, institution or other entity in which I have direct or indirect interests & such
person, firm, corporation, institution or other entity is in competition with the business of
the Company and/or its affiliates/associates/group companies.
(c) Solicit Personnel: During the employment period and for a period of at least 2 (two)
years after the employment period, I shall not solicit or attempt to influence any person
employed or engaged by the Company (whether as an employee, consultant, vendor,
adviser or in any other manner) to terminate or otherwise cease such employment or
engagement with the Company and/or its affiliates/associates/group companies or
become the employee of or directly or indirectly offer services / products in any form or
manner to himself or any person or entity which is a competitor of the Company and/or
its affiliates/associates/group companies.
I acknowledge and agree that violation of the covenants and obligations with respect to
non-compete and non-solicitation as set forth above will cause the Company irreparable
injury. Therefore, I agree that the Company shall be entitled to an interim injunction,
restraining order or such other equitable relief as a court of competent jurisdiction may
deem necessary or appropriate to restrain me from committing any violation of the
covenants and obligations. These injunctive remedies are cumulative and are in addition
to any other rights and remedies that the Company may have against me as provided
under laws.
If I at any time found guilty of misconduct or commit any breach of this Agreement, or
refuse or willfully neglect to perform to the satisfaction of the Company or any of the
Associated Companies in connection with whose business I may be engaged, the
Company may at once, without any previous notice, terminate my appointment.
Dispute Resolution:
(a) All disputes & differences arising out of or in connection with any of the matters set
out in the Agreement, if not resolved by mutual discussions, shall be resolved by
arbitration in accordance with the Rules of Conciliation and Arbitration of the
International Chamber of Commerce for the time being in force, which rules are deemed
to be incorporated by reference in this Clause. The Arbitration & Conciliation Act, 1996.
The Company shall appoint 1 (one) arbitrator and the employee shall appoint 1 (one)
arbitrator and thereby both arbitrators so appointed shall appoint a third presiding
arbitrator. The language of the arbitration shall be English and the seat of arbitration
shall be Bangalore, India.
(b) The arbitrators shall be entitled to award costs of the arbitration. Subject to the
aforesaid, each party to arbitration shall bear its own expenses in relation thereto,
including but not limited to such party's attorneys' fees and the expenses and fees of the
arbitrator shall be borne equally by the parties to the dispute.
SIGNED : ________________________
DATE : ________________________
DECLARATION OF INTERESTS
I, Nidhi Deb, hereby declare that I and members of my family have direct or indirect
interests in the under mentioned companies and firms as shown:
I undertake not to take part in any transaction or any proposed transaction between
Home Interior Designs E - Commerce Private Limited and any company or firm in which I
or any member of my family has an interest without having declared such interest and
having been specifically authorized by my immediate superior to do so.
NOTE : Interests of less than 5 percent of the issued capital of listed companies need
not be declared.
NON-DISCLOSURE UNDERTAKING
1. That during the existence of this contract of employment with Home Interior
Designs E - Commerce Private Limited (hereinafter referred to as "the Company"),
information which is of a confidential and protectable nature ("confidential
information") will not be disclosed, in the execution of my duties other than to
authorize Company officials.
2. That this confidential information includes, but is not limited to, information and
knowledge concerning trade secrets, specifications and data, drawings, photographs,
microfilm, memoranda, films and video material, recording tapes, systems, statistics,
methods, plans, software and information systems, programmes, intellectual
property, licensing arrangements or any other confidential, proprietary or secret
commercial, technical, industrial and/or financial information relating to the
Company, to my employment with the Company and/or to other companies,
enterprises or activities associated with the Company.
3. That I shall not (save insofar as is necessary and appropriate in the ordinary
course of my employment) disclose to any person whatsoever, during the existence
of this agreement or thereafter, any information of a confidential and protectable
nature, without the prior written consent of the Company.
5. That I shall not disclose any confidential information in any legal proceedings in a
court or before any tribunal, or in preparation for such proceedings, unless
authorized thereto by the Company or compelled by law to do so.
6. That I further undertake and agree upon termination of my employment with the
Company to hand over to the Company Secretary or other authorized official of the
Company all property of the Company in my possession or under my control,
including but not limited to any papers, drawings, plans, recording tapes, samples,
models, computer discs or similar technology, or other equipment or accessories or
items in my possession or under my control, which may contain information of a
confidential and protectable nature or which relate to or are in any way connected
with the business and affairs of the Company or any of its subsidiary companies, or
any company with which it is associated or to which it is affiliated, or which are the
property of the company.
7. That I further undertake that after leaving the Company, I shall not directly or
indirectly hire anyone from the Company for a period of one year from the date of my
leaving.
10. That any breach of this undertaking during my period of employment with the
Company will be considered as a serious offence by the Company which may lead to
my immediate dismissal.
11. All terms of this offer letter, including without limitation the remuneration details,
and all subsequent communications from the Company in relation to your
remuneration, such as incentives, bonus and/or appraisals are strictly confidential
and shall not be disclosed/shared/discussed with anyone (including Company's
employees, your family and relatives), without the prior written consent of the
Company. The Company shall have the right to terminate your employment
immediately without any notice period or payment in lie thereof in case of a breach
of this confidentiality obligation.
12. That any breach of this undertaking during or after the period of my employment
with the Company could give rise to legal action being taken against me by the
Company.
Statutory
Basic 21,010 2,52,120
Employer's contribution to Provident
1,800 21,600
Fund
Flexible
HRA 10,505 1,26,060
BENEFITS *
Employees are eligible for benefits in addition to the compensation specified above. These
are subjected to changes as per company policy, issued from time to time
- Gratuity (As per Payment of Gratuity Act, 1972)*
- Medical Insurance Coverage (Employee + Spouse + 2 Children)
- Personal Accident Insurance Cover
- Group Term Life Insurance
DEDUCTIONS
- All Salary payments are subjected to TDS under Income Tax Act, 1961, as applicable.
- All salary payments are subject to applicable Labour Laws Viz, The Employees Provident
Funds and Miscellaneous Provisions Act 1952, The Shops and Establishment Act, Labour
Welfare Fund Act, Employees State Insurance Act 1948 and other laws as applicable
You will be eligible for INR 1,38,000/- per annum as a performance-linked “variable
Pay” which will be paid Monthly as per the performance-linked “variable Pay” terms and
conditions. The variable Pay amount will be determined as a factor of Individual and
Company performance. The criteria for variable Pay eligibility will be shared with you by
your manager.
Deductions:
Kindly note that statutory deductions like Income Tax and Professional Tax shall be made
from your monthly salary. You will be required to submit your income tax declaration.
Your monthly salary payment will be computed accordingly.
WIFI:
1. Network latency of 150 ms or less
2. Download speed of 3 Mbps or greater
3. Wifi: Min 50 Mbps Broadband with unlimited data. Connection with latency of 150
ms or less.
*These specifications are subject to change from time to time in order to align with
tech/software updates to ensure continued productivity of Devices.
I acknowledge that the terms contained in this Undertaking are fair and reasonable
including with regard to subject matter, considering the nature of the relationship, are
reasonably required by the Company to ensure its goodwill and business.
Candidate Signature:
Name: