Non Fixed Term Contract Template for India

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Key Requirements PROMPT example:

Non Fixed Term Contract

"I need a Non Fixed Term Contract for hiring a Senior Software Engineer in Bangalore, India, starting March 1, 2025, with special provisions for hybrid work arrangements and intellectual property protection for software development."

Document background
The Non Fixed Term Contract serves as the primary employment agreement for permanent positions in organizations operating in India. This document is essential when establishing long-term employment relationships where the duration is not predetermined. It encompasses all crucial aspects of the employment relationship while ensuring compliance with Indian labor laws, including the Industrial Employment (Standing Orders) Act, 1946, and various other employment-related legislations. The agreement is designed to protect both employer and employee interests by clearly defining employment terms, benefits, obligations, and termination procedures. It is particularly relevant for organizations looking to hire permanent staff members and provides the flexibility to modify terms through mutual agreement while maintaining statutory compliance.
Suggested Sections

1. Parties: Identification of the employer and employee with complete details

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Details of the position, designation, and open-ended nature of employment

5. Duties and Responsibilities: Detailed description of the role and expectations

6. Place of Work: Primary work location and possibility of transfer

7. Working Hours: Standard working hours, breaks, and overtime provisions

8. Remuneration: Salary structure, payment schedule, and deductions

9. Leave Entitlement: Various types of leave and related policies

10. Benefits: Statutory and company-provided benefits

11. Confidentiality: Protection of company information and trade secrets

12. Intellectual Property: Ownership of work products and innovations

13. Notice Period: Notice requirements for termination by either party

14. Termination: Grounds and process for employment termination

15. Governing Law: Application of Indian law and jurisdiction

16. Dispute Resolution: Process for resolving employment-related disputes

Optional Sections

1. Probation Period: Include when the company wants to implement an initial evaluation period

2. Non-Compete: Include for senior positions or when dealing with sensitive information

3. Non-Solicitation: Include to prevent poaching of employees or clients

4. Remote Work Policy: Include if allowing work from home or hybrid arrangements

5. Performance Review: Include if specific evaluation criteria and periods need to be defined

6. Training Requirements: Include if mandatory training or certifications are required

7. Travel Requirements: Include if position requires regular travel

8. Stock Options: Include if offering employee stock ownership plans

9. Variable Pay: Include if compensation includes performance-based components

10. International Work: Include if role involves international assignments

Suggested Schedules

1. Schedule A - Compensation Structure: Detailed breakdown of salary components, allowances, and benefits

2. Schedule B - Job Description: Detailed outline of roles, responsibilities, and reporting relationships

3. Schedule C - Company Policies: Reference to or summary of key company policies and procedures

4. Schedule D - Confidential Information: Specific details of what constitutes confidential information

5. Schedule E - Benefits Details: Comprehensive explanation of all benefits and eligibility criteria

6. Appendix 1 - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix 2 - IT Policy: Guidelines for use of company IT resources and systems

8. Appendix 3 - Leave Policy: Detailed leave rules and procedures

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

Clauses
Relevant Industries

Information Technology

Manufacturing

Financial Services

Healthcare

Retail

Education

Telecommunications

Professional Services

Real Estate

Construction

Media and Entertainment

Pharmaceuticals

Automotive

Energy

E-commerce

Relevant Teams

Human Resources

Legal

Finance

Marketing

Sales

Operations

Information Technology

Research and Development

Customer Service

Administration

Business Development

Product Development

Quality Assurance

Corporate Affairs

Executive Leadership

Relevant Roles

Software Engineer

Account Manager

Marketing Executive

HR Manager

Financial Analyst

Operations Manager

Sales Representative

Project Manager

Research Analyst

Administrative Assistant

Business Development Manager

Product Manager

Customer Service Representative

Quality Assurance Engineer

Department Head

Director

Vice President

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Industries
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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