Employee Undertaking Agreement Template for India

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Key Requirements PROMPT example:

Employee Undertaking Agreement

"I need an Employee Undertaking Agreement for a senior software developer joining our IT company in March 2025, with specific focus on remote work policies and protection of source code and technical documentation."

Document background
The Employee Undertaking Agreement is a critical document used in Indian employment relationships to establish clear written commitments from employees regarding their obligations and responsibilities. It is typically executed at the time of employment or during significant role changes, serving as a supplementary document to the employment contract. This agreement specifically addresses areas such as confidentiality, intellectual property protection, data security, and compliance with company policies, while ensuring alignment with Indian labor laws and regulations. The document is particularly important in sectors handling sensitive information or intellectual property, and helps companies protect their legitimate business interests while maintaining compliance with local legal requirements.
Suggested Sections

1. Parties: Details of the employer company and the employee entering into the agreement

2. Background: Brief context about the employment relationship and purpose of the undertaking

3. Definitions: Key terms used throughout the agreement defined for clarity

4. Employment Confirmation: Acknowledgment of employment terms, position, and reporting structure

5. Confidentiality Obligations: Detailed obligations regarding confidential information, trade secrets, and proprietary data

6. Intellectual Property Rights: Assignment and ownership of work created during employment

7. Data Protection: Obligations regarding handling of company and personal data

8. Company Property: Responsibilities regarding company assets and their return

9. Code of Conduct: Commitment to follow company policies and ethical guidelines

10. Non-Solicitation: Restrictions on soliciting employees or clients

11. Post-Employment Obligations: Continuing obligations after employment termination

12. Governing Law: Applicable law and jurisdiction for dispute resolution

Optional Sections

1. Non-Compete: Reasonable restrictions on working with competitors (optional as strict non-compete clauses are difficult to enforce in India)

2. Remote Work Obligations: Specific undertakings related to working from home or remote locations

3. International Travel: Undertakings related to international travel and assignments

4. Specialized Industry Compliance: Additional undertakings for regulated industries (e.g., financial services, healthcare)

5. Stock Options/Benefits: Undertakings related to company share schemes or special benefits

6. Dual Employment: Restrictions and declarations regarding other employment or business interests

7. Social Media Usage: Specific obligations regarding social media behavior and company representation

Suggested Schedules

1. Schedule 1 - Position Details: Specific details of role, designation, and reporting structure

2. Schedule 2 - Confidential Information: Detailed list of what constitutes confidential information

3. Schedule 3 - Company Policies: List of applicable company policies referenced in the undertaking

4. Schedule 4 - Company Properties: List of company properties provided to the employee

5. Appendix A - Acknowledgment Forms: Forms for acknowledging receipt of company policies and properties

6. Appendix B - Compliance Certificates: Required compliance certificates and declarations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Manufacturing

Financial Services

Healthcare

Pharmaceuticals

Retail

Telecommunications

Professional Services

Education

E-commerce

Media and Entertainment

Real Estate

Hospitality

Consulting

Research and Development

Relevant Teams

Human Resources

Legal

Finance

Information Technology

Research and Development

Sales

Marketing

Operations

Customer Service

Administration

Product Development

Quality Assurance

Business Development

Corporate Communications

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Manager

Project Manager

Software Developer

Research Scientist

Financial Analyst

Human Resources Manager

Sales Executive

Marketing Manager

Operations Manager

Data Analyst

Product Manager

Business Development Manager

Legal Counsel

Technical Architect

Quality Assurance Engineer

Customer Service Representative

Administrative Officer

Industries
The Industrial Employment (Standing Orders) Act, 1946: Defines terms of employment and worker conduct rules for industrial establishments. Important for structuring employment terms and conditions in the undertaking.
Indian Contract Act, 1872: Governs the basic principles of contract formation and enforcement, essential for ensuring the undertaking agreement is legally valid and enforceable.
The Minimum Wages Act, 1948: Ensures compliance with minimum wage requirements in employment agreements and undertakings.
Information Technology Act, 2000: Relevant for provisions related to electronic records, digital security, and protection of sensitive electronic data in modern workplace contexts.
Indian Copyright Act, 1957: Important for protecting company's intellectual property rights and defining ownership of work created during employment.
The Trade Secrets Protection Act (Though not a specific act, covered under common law and Contract Act): Crucial for confidentiality clauses and protection of company's proprietary information.
Constitution of India - Article 19(1)(g): Fundamental right to practice any profession, relevant for ensuring non-compete clauses are reasonable and don't violate constitutional rights.
The Payment of Wages Act, 1936: Regulates payment of wages and deductions, important for salary-related undertakings.
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952: Relevant for statutory benefits and compliance declarations in employment undertakings.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Essential for including workplace conduct and harassment prevention undertakings.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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