Date: 23.07.2009 Dear Mr. Subhajit Das Sarma, 53, Kalibari Road, New Barrackpur, Kolkata - 700131 This has reference to our discussions on 23/07/2009 and we are pleased to appoint you in the position of ‘Business Developer’ on the following terms and conditions of employment: You will join on or before 24/07/2008. You will be paid a consolidated salary of Rs.5,000/- per month against the team target of $3,500 and individual target of $1,500/-. You will be entitled to 5% of the realized amount if you can reach the assigned target and 10% of the realized amount if you can earn the more than your target. The employer will have the right to terminate your employment immediately without notice or payment in lieu of notice on your being found guilty of any gross default or misconduct or for non-observance of any rules as applicable to other employees in the Organisation, or terms of employment. The opinion of the Employer on the above matters will be final and binding on you. Your duties and nature of work will be as entrusted to you from time to time by the Employer. You will be subject to normal duty hours of the Organisation, which may be altered at the discretion of the Employer. You will be in probation for a period of six months and if found necessary, the probation may be extended at the sole discretion of the management. You will be officially advised of your confirmation and in the absence of an official advice, confirming your services, it is to be understood that your probation is automatically extended. You will be entitled to 7 days casual leave and 14 days privilege leave for each completed year of continuous service once you are confirmed in the service of the company. However, all leave should have proper prior sanction of the authority. Besides, this you will be entitled to National Holidays as may be notified by the Employer.
During your probationary period the management can terminate your service at any time without ascribing any reason. Further, this being software based industry all positions in the organisation are based on business volume at a particular point of time and therefore all positions in the organisation should be treated as temporary. On confirmation of the service either party can terminate this employment at any time without assigning any reason thereof by 30 days notice given in writing by either side, or on payment of one month salary in lieu of notice for the unexpired part of the notice period. You can continue to serve the Organisation till the age of 58 years provided you are mentally and physically fit to render your service. If needed, you may be transferred to any branch or office the organisation if opened in due course of time. You will not during or after termination of employment by employer, in any form or manner, directly or indirectly, divulge, disclose or communicate to any person, entity, firm, corporation or any other third party, or utilize for your personal benefit or for the benefit of any competitor of employer, any confidential information. The term confidential Information shall not be limited to any technical or non technical data, software, design, processes, copyright, patents, procedures, improvements, new products, inventions, models, manuals, know-how, financial data, lists of actual and potential customers or suppliers of Employer but shall also mean and include any information regarding Employers’ marketing and business development plans, which is not generally known by the public through legitimate origins. You shall acknowledge and agree that such confidential information is extremely valuable to employer and shall be deemed to be trade secret. You shall not directly or indirectly during the course of employment or 36 months after termination of the employment, either voluntarily or otherwise, for any reason whatsoever and in any form or manner, seek employment with the client/customer of the employer and /or solicit with them for any business. You further acknowledge that the limitations as to time and scope and the limitations on the character or nature placed on your subsequent employment are reasonable and fair
and will not prevent or materially impair your ability to earn a livelihood. In case of any disputes between the parties relating to this appointment the same shall be referred to arbitration in accordance to the Arbitration and conciliation Act 1996 before a sole arbitrator to be appointed by the Employer which will be acceptable to you. Further, only courts at Kolkata will have jurisdiction in respect of any disputes between the parties. You are requested to sign and return the duplicate copy of this letter of appointment, as a token of your acceptance of the terms and conditions mentioned herein. Yours faithfully,
____________________________ Rukam Bhattachariya CHIEF EXECUTIVE OFFICER Techno Global Solutions I accept the above appointment letter along with all terms and conditions mentioned herein.
____________________________ Signature and Date