itm university hr policy manual

13
ITM University HR Policy Manual Doc. Ref. No: ITMU/HR/1.0 Confidential w.e.f.: 01/12/2017 Employee Agreement: Assignment of Employment, Inventions, Non-Disclosure and Non- Solicitation Agreement Effective Date: 1 st December 2017 Authorization: Prepared By Approved By Name Date Name Date Human Resource 1 st November 2017 Vice Chancellor 1 st December 2017 Change History: Ver Section Changed By Date Change Information 1.1 1.2 1.3 1.4 1.5

Upload: others

Post on 19-Feb-2022

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

Employee Agreement: Assignment of Employment, Inventions, Non-Disclosure and Non-

Solicitation Agreement

Effective Date: 1st December 2017

Authorization:

Prepared By Approved By

Name Date Name Date

Human Resource 1st November 2017 Vice Chancellor 1st December 2017

Change History:

Ver Section Changed By Date Change Information

1.1

1.2

1.3

1.4

1.5

Page 2: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

1 Parties to Agreement This contract entered into on the (Date)_______________________________________, between

________________________ having office at ______________ represented (Hereinafter referred to

as the ‘University’, which expression shall mean and include his heirs, executors, administrators and

assignees), and Mr/ Mrs (Employee Name) ___________________, S/D/o (Fathers name)

_______________, aged about (age)____, resident at (address)______________. (Hereinafter

referred to as the ‘Employee’ unless context otherwise requires)

2 Recitals

WHEREAS, the University is engaged in imparting education at Raipur.

WHEREAS, The employee applied the candidature for the responsibility/profile, as per the stipulated

eligibility norms / conditions by the employer. Thereby the University intends to offer the

association/engagement, on mutual accepted conditions. Therefore, in consideration of the mutual

promises, terms, covenants, and conditions set forth herein and the performance of each, it is hereby

agreed as follows:

3 Policy Manuals Receipt Acknowledgment Form

This is to acknowledge that I have read the HR Policy Manual on the HRIS and have understood the

norms and conditions of the engagement at ITM University.

As an employee of ITM University I agree to read these Manuals from time to time and also when I

receive information about the updates/ revision/ modification in the employment terms. I agree to seek

clarifications with my supervisor and/or HR Department or the Head of Department respectively about

any portion of the Manual that I do not understand.

I also understand that ITM University management has the right to add, delete or otherwise modify the

policies, procedures or other information provided in these Manuals at any time. I agree to abide by

these policies, procedures and other requirements of these Manuals. I understand that my failure to

abide by these terms shall lead to disciplinary action against me and may extend up to and including

termination of employment.

I understand that neither the Manuals nor any verbal statements made constitute an agreement or

promise of continued employment and that the provisions of these Manuals may be changed at any

time, as per the requirements of business situation. I understand that ITM University reserves the right

to terminate my employment at-will at any time as per the HR Policy and that I also reserve the right to

terminate my employment at any time as per the HR policy.

I understand that in case particulars mentioned in my application are found to be false or unsatisfactory,

my services would be liable for termination at any time without any notice or any compensation in lieu

thereof.

I am aware that the University reserves the right to scrutinize the contents of my official mailbox and

email communication under situations where there is sufficient reason to believe that I have

compromised University’s information which may impact its business, brand or impact in any other way.

Page 3: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

I understand that all types of electronic documents created for official purposes and their contents are

the property of ITM University. I understand that all contents of all electronic hardware and

communication devices issued for official work shall also remain the sole property of ITM University.

I am aware that the University expects me to work with a high level of initiative, efficiency and economy.

Thus, I will observe and conform to such duties, directions and instructions as communicated to me by

the University or those in authority over me.

I agree that I will be governed by the Human Resource policies including conduct, discipline and

administrative orders and any such other rules or orders of the University that may come in force from

time to time.

EMPLOYEE:By______________________

(Name and Title)

___________________________________

(Signature and Date)

Page 4: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

Proprietary Information and Inventions Agreement

As a condition of my becoming employed (or my employment being continued) by or retained on

contract or consultancy (or my contractor or consulting relationship being continued) by ITM University

(collectively with any current or future subsidiaries, affiliates, successors or assigns, the "University"),

and in consideration of my employment or consulting relationship with the University and my receipt of

the compensation now and hereafter paid to me by the University, I agree to the following:

1. Inventions

a. Ownership:

If at any time during my employment or my contracting or consulting arrangement with the University,

whether or not during regular working hours using University’s resources, I, either alone or with others,

make, conceive, create, discover, research, invent, develop, improve, add to, or reduce to practice any

invention, modification, discovery, drawing, design, concept, idea, specification, development, audio-

visual work, literary work, musical work, dramatic work, pictorial, graphic or sculptural work, sound

recordings, pantomimes, choreographic work, improvement, process, software program, work of

authorship, documentation, formula, data, technique, know-how, trade secret, trade name, domain

name, logos and get-up, computer data, databases, applications for registration, renewals and

extensions in relation to any of the above, or any intellectual property right whatsoever or any interest

therein (whether or not patentable or registrable under copyright, trademark or similar statutes), and all

intangible rights and privileges of a nature similar, analogous or allied to any of the above in any part of

the world (herein called "Work Outcome") that:

(a) relate to the present or planned business of the University or its affiliates or any of the products

or services being developed, manufactured or sold by the University or its affiliates, or which

may be used in relation therewith;

(b) result from responsibilities assigned to me by the University; or

(c) result from the use of premises or personal property (whether tangible or intangible) owned,

leased or contracted for by the University, such Work Outcome and the benefits thereof are

and shall immediately become the sole and absolute property of the University and its assigns,

as works made for hire or otherwise, and I shall promptly disclose in writing to the University

(or any persons designated by it) each such Work Outcome, as may be necessary to ensure

the University's ownership of such Work Outcome.

I shall disclose to the University forthwith any research paper, books, discovery, invention, process or

improvement made, discovered or written by me while in service, and such paper, book, discovery,

invention, process or improvement shall belong absolutely to and be the sole and absolute property of

the University. If and when required to do so by the University, I understand that I shall at the University’s

expense, take out or apply for the latter’s Patent, Licenses or other rights, privileges or protection as

may be directed by the University in respect of any such paper, book discovery, invention, process or

improvement so that the benefit thereof shall accrue to the University and I will execute and do all

instruments, acts , deeds and things, which may be required by the University for assigning, transferring

or otherwise vesting the same and all benefits arising in respect thereof in their favour or in favour of

such other person or persons, firms or companies, as they may direct as the sole beneficiary thereof.

Page 5: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

b. Assignment and Waiver of Moral Rights

I hereby assign any rights (including, but not limited to, any copyrights and trademarks) I may have or

acquire in the Work Outcome and benefits and/or rights resulting there from to the University and its

assigns without further compensation and shall communicate, without cost or delay, and without

disclosing to others the same, all available information relating thereto (with all necessary plans and

models) to the University. Notwithstanding the above, to the extent that the Work Outcome do not

belong to the University, then to the fullest extent permitted by the law, I shall assign to the University,

by way of present assignment of future rights in respect of rights not yet created, the Work Outcome

and hold in trust for the benefit of the University the ownership of the Work Outcome until they belong

entirely to the University. In addition to the foregoing assignment of Work Outcome to the University, I

hereby irrevocably transfer and assign to the University: (a) all worldwide patents, patent applications,

copyrights, mask works, trade secrets and other intellectual property rights in any Work Outcome, and

(b) any and all "Moral Rights" (as defined below) that I may have in or with respect to any Work

Outcome. I also hereby forever waive and agree never to assert any and all Moral Rights I may have

in or with respect to the Outcome, even after termination of my employment or contracting or consulting

arrangement with the University. For the purposes of this Agreement, "Moral Rights" mean any rights

to claim authorship of the Outcome, to object to or prevent the modification of any Work Outcome, or

to withdraw from circulation or control the publication or distribution of any Work Outcome, and any

similar right, existing under judicial or statutory law of any country in the world, or under any treaty,

regardless of whether or not such right is denominated or generally referred to as a "moral right."

c. Records

I will keep and maintain adequate and current written records of all Work Outcome (in the form of notes,

sketches, drawings and as may be specified by the University), which records will be available to and

remain the sole property of the University at all times.

d. Further Assistance

I will, during my employment or my contracting or consulting arrangement with the University and at

any time thereafter, at the request and cost of the University, promptly sign, execute, make and do all

such deeds, documents, acts and things as the University and its duly authorized agents may

reasonably require for giving full effect to this Section 1 and securing to the University or its assignee

the full benefits of the rights, power, privileges and remedies conferred on the University by this Section

1 to the fullest extent permitted by the law, including but not limited to: (a) to apply for, obtain, register

and vest in the name of the University alone (unless the University otherwise directs) research

documents, letters patent, copyrights, trademarks or other analogous protection in any country

throughout the world and, when so obtained or vested, to renew and restore the same; and (b) to defend

any judicial, opposition or other proceedings in respect of such applications and any judicial, opposition

or other proceedings or petitions or applications for revocation of such letters patent, copyright,

trademark or other analogous protection. In the event the University is unable, after reasonable effort,

to secure my signature on any application for letters patent, copyright or trademark registration or other

documents regarding any legal protection relating to the Developments, whether because of my

physical or mental incapacity or for any other reason whatsoever, I hereby irrevocably designate and

appoint the University and its duly authorized officers and agents as my agent and attorney-in-fact, to

act for and on my behalf and stead to execute and file any such application or applications or other

documents and to do all other lawfully permitted acts to give full effect to this Section 1, including

furthering the prosecution and issuance of letters patent, copyright or trademark registrations or any

other legal protection thereon with the same legal force and effect as if executed by me. In addition, I

will not do anything, whether by omission or commission, during or after my employment or my

Page 6: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

contracting or consulting arrangement with the University, to affect or imperil the validity of

Developments owned or used by the University and its related entities.

e. Exceptions

In order to avoid disputes over the application of this assignment to prior research, inventions or

copyrightable materials, I have listed on Schedule A to this Agreement descriptions of patentable

inventions and copyrightable materials that I have developed and reduced to practice prior to the date

hereof and that are, accordingly, excepted from the provisions of this Section 1. If no items are listed

on Schedule A, I represent that I have no such inventions or materials at the time of signing this

Agreement. Notwithstanding the foregoing, I shall not include or incorporate any elements from any

patentable inventions or copyrightable materials listed on Schedule A into any University works and, to

the extent that I do, I agree the University shall be permitted to use such elements royalty and fee free

in perpetuity without payment of any license or fee to me or to any third party.

2. Non-Competition

I acknowledge that during my employment or my contracting or consulting arrangement with the

University, I have a duty of loyalty to the University. I therefore agree that pursuant to that duty, during

my employment or my contracting or consulting arrangement with the University, and for one year

immediately following the cessation of my employment or contractual or consulting relationship with the

University, as applicable, I will not engage in any employment, contracting, consulting, business, or

other activity that is in any way in direct competition with the business or proposed business of the

University and I will not assist any other person or University in competing with the University or in

preparing to engage in competition with the business or proposed business of the University. The

provisions of this paragraph shall apply both during normal working hours and at all other times

including, but not limited to, nights, weekends and vacation time, while I am employed by the University

or a contractor or consultant to the University, subject to any specific written agreement to the contrary.

During my employment, and for One year after cessation of employment with the University, I will not

solicit, induce, or attempt to induce any past or current customer of the University whose identities as

such were first made known to me or with whom I first had direct contact in the course of my employment

(a) to stop doing business with or through the University, or (b) to do business with any other person,

firm, partnership, corporation or other entity that provides products or services materially similar to or

competitive with those provided by the University.

Any information, database, strategy, Intellectual Property Rights (IPR), case studies, research etc. that

I may have access to in my role, will not be utilized/shared/ referred or quoted in any manner with any

person or authority after my cessation of employment.

I agree to not enter into any commitment(s) or dealings on behalf of the University for which I have no

express authority nor alter or be a party to any alteration of any principle or policy of the University or

exceed the authority or discretion vested in me without the previous written sanction of the University

or those in authority over me.

3. Non-Solicitation

a. Non-Solicitation Using Trade Secrets

I understand that I may not use or disclose (or threaten to use or disclose) any University trade secrets

without the University's consent. I may not indulge in any malpractice during my employment with the

University.

Page 7: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

This obligation to maintain the confidentiality of the University's trade secrets has no time limit. I

understand that I am bound to protect any University trade secrets in perpetuity, so long as they remain

trade secrets. I acknowledge that the University's trade secrets include, but are not limited to: marketing

and product plans, marketing and product proposals, technical data, technical plans, and technical

specifications, compilations of client, students, University’s, partners, vendors and prospect data,

including the identity of and contact information for client contacts and prospects.

I understand and agree that both during and after my employment or my contracting or consulting

arrangement with the University I may not solicit any customers of the University using the University's

trade secrets for my own benefit or for the benefit of anyone other than the University.

b. Non-Solicitation of Employees

I agree that during my employment or my contracting or consulting arrangement with the University and

for a period of Two (2) years from the date of my resignation/ termination for any reason whatsoever, I

will not, directly or on behalf of or in conjunction with any other person, persons, University, partnership,

corporation or business whatsoever nature, induce, solicit, recruit or encourage any employee,

contractor or consultant of the University to leave the employ of the University or cease providing

services to the University, which means that I will not: (i) disclose to any third party the names,

compensation, contacts, backgrounds or qualifications of any employees or consultants or otherwise

identify them as potential candidates for employment or to provide services; or (ii) personally or through

any other person approach, recruit, interview or otherwise solicit University employees, contractors or

consultants or employees, contractors or consultants of the University to work for me or any other

person or employer or to terminate their employment or relationship with the University or violate any

agreement with or duty to the University.

I agree not to engage, any employee, contractor, vendor, officer, director, shareholder, owner, partner,

joint venture, or in a managerial capacity, whether as an employee, independent contractor, director,

shareholder, vendor, partner, consultant or advisor, or as a sales representative, in any business selling

any products or services in direct competition with the University or any of the University’s subsidiaries

or divisions, University’s partners or Joint Ventures or branches or divisions.

I agree not to call upon any person who is, at that time, within the Territory, an employee of the

University (including its subsidiaries) for the purpose or with the intent of enticing such employee away

from or out of the employment of the University (including its subsidiaries).

I agree not to call upon any person or entity which is, at that time, or which has been, within one (1)

year prior to that time, a customer of’ the University (including its subsidiaries) within the Territory for

the purpose of soliciting or selling products or services in direct competition with the University within

the Territory

I shall make good the losses if any incurred by the University by breach of any condition as mentioned

in this agreement

4. Conflict of Interest During my employment, neither I nor members of my immediate family or friends will have financial

investments or other interests or relationships with University’s customers, suppliers or competitors

which might impair my independence of judgment on behalf of the University. I also agree not to engage

in any competitive activity against the University, and will avoid any outside activity that could adversely

affect the independence and objectivity of my judgment, interfere with the timely and effective

Page 8: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

performance of my duties and responsibilities to the University, discredit the University or otherwise

conflict with the University’s best interests.

I will engage myself exclusively in the work assigned to me by the University and shall not take up any

independent or individual assignments (whether the same as part time or full time, in an advisory

capacity or otherwise) directly or indirectly without the express written consent of my Reporting

Manager. I will avoid any such issue which may result in a conflict between my personal interest and

the interest of the University in dealing with customers, suppliers and all other University or individuals

doing or seeking to do business with our University.

This being a full appointment, I will not engage in private tuitions, nor shall accept any job from other.

5. Confidentiality

a. Confidential Information

I understand and agree that in the course of my employment with the University or my contracting or

consulting arrangement with the University, I will acquire confidential information concerning the

University's operations, finances/accounts, students, vendors, clients, future plans and methods of

doing business, know-how, discoveries, inventions, marketing information, business strategies and

trade secrets, which information I understand and agree would be damaging to the University if

disclosed to a third party. I agree that all such confidential information is the sole property of the

University. I understand and agree that any such information will be divulged to me in confidence and

understand and agree that at all times, during my work for the University and after my work for the

University ends, I will keep such information secret and confidential and will not disclose it, except in

connection with my work for the University and for the benefit of the University, while I am employed by

the University or providing services to the University and in perpetuity upon cessation of such

employment or provision of services.

b. Third Party Confidential Information

I understand and agree that in the course of my employment with the University or while providing

contracting or consulting services to the University, I will receive and have access to the confidential

information of certain third parties related to the University, including but not limited to customers,

partners and contractors. I understand and agree that both the University and I have duties to protect

and maintain the confidentiality of this third-party material. I understand and agree that any such third

party information will be divulged to me in confidence and understand and agree that at all times, during

my work for the University and after my work for the University ends, I will keep such third party

information secret and confidential and will not disclose it, except in connection with my work for the

University, for the benefit of the University while I am employed by the University or providing

contracting or consulting services to the University.

c. Exceptions

My undertaking and obligations under this Section 4 (a) will not apply, however, to any proprietary

information which: (i) is or becomes generally known to the public through no action on my part, (ii) is

generally disclosed to third parties by the University without restriction on such third parties, or (iii) is

approved for release by written authorization of the University.

d. Return of University Property

I understand that all University property, including physical property, documents, and information,

related to or connected with my employment with the University that I receive or create during my

Page 9: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

employment with the University, belongs to the University. I understand and agree that I have a duty

and a responsibility to return all such property upon termination of my employment with the University.

I therefore agree that, pursuant to that duty, upon termination of my work for the University, or at any

other time upon the University's request I will promptly deliver to the University all files, hard copies,

electronic files and/or emails (even if sent to my private accounts) that contain information relating to

University business, University clients, and University prospects, including without limitation, financial

information, market analyses, program materials, proposals (signed or unsigned), draft proposals,

status updates on accounts, contact information for client contacts, contact logs or reports, notes,

records, outstanding issues, and any other client-related information.

All records, designs, patents, business plans, financial statements, manuals, research papers,

customer contacts, memoranda, lists and other property delivered to or compiled by me or on behalf of

the University or the representatives, vendors or customers thereof which pertain to the business of the

University shall be and remain the property of the University and be subject at all times to the discretion

and control thereof. Likewise, all correspondence, reports, records, charts, advertising materials and

other similar data pertaining to the business, activities or future plans of the University which is collected

by me shall be delivered promptly to the University without request by it upon termination of my

employment

I understand that I will be responsible for the safe keeping and return in good condition and order of the

properties of the University in my use, custody or charge. For the loss of any property of the University

in my possession, the University will have the right to assess on its own basis and recover the damages

of all such material(s) from me and to take such other action as it deems proper in the event of my

failure to account for such material or property to its satisfaction. I will hand over the charge of letter of

Authority or Power of attorney issued to me or any property / material of the University in my possession

at the time of cessation of my employment with the University.

6. Representations and Warranties

a. Other Agreements

I hereby represent and warrant that, except as I have disclosed in writing to the University on Schedule

A to this Agreement, I am not bound by the terms of any agreement with any previous employer or other

party to refrain from using or disclosing any trade secret or confidential or proprietary information in the

course of my work for the University or to refrain from competing, directly or indirectly, with the business

of such previous employer or any other party.

b. Others’ Confidential Information

I hereby represent and warrant that my performance of all the terms of this Agreement and as an

employee, contractor or consultant of the University does not and will not breach any agreement to

keep in confidence proprietary information, knowledge or data acquired by me in confidence or in trust

prior to my work for the University, and I will not disclose to the University or induce the University to

use any confidential information or material belonging to any previous employer or others.

c. Original Work:

I hereby represent and warrant that all of the product resulting from my work for the University will be

original and plagiarism free, and will not infringe the rights of any third party, including, without limitation,

intellectual property rights, such as rights pertaining to patents, trademarks, copyrights and trade

secrets.

Page 10: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

7. Other Obligations

I acknowledge that the University from time to time may have agreements with others which impose

obligations or restrictions on the University regarding inventions made during the course of work under

such agreements or regarding the confidential nature of such work. I agree to take all action necessary

to discharge the obligations of the University under such agreements, to the extent the University makes

such obligations known to me.

8. At Will Relationship

I understand and acknowledge that my Relationship with the University is and shall continue to be at-

will, as defined under applicable law, meaning that either I or the University may terminate the

Relationship at any time for any reason or no reason, without further obligation or liability as per the HR

policy.

9. Miscellaneous

a. Terms of Employment

I agree that this Agreement does not purport to set forth all of the terms and conditions of my

employment, and that, as an employee of the University, I have obligations to the University which are

not set forth in this Agreement.

b. Severability

The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforce-

ability of any other provision of this Agreement.

c. Entire Agreement

This Agreement supersedes all prior agreements, written or oral, between me and the University relating

to the subject matter of this Agreement. This Agreement may not be modified, changed or discharged

in whole or in part, except by an agreement in writing signed by me and the University.

d. Successors and Assigns

This Agreement will be binding upon my heirs, executors and administrators and will inure to the benefit

of the University and its successors and assigns. The University may assign its rights under this

Agreement to any successor in interest, whether by merger, consolidation, sale of assets or otherwise.

This Agreement shall be binding whether it is between me and the University or between me and any

successor or assigns of the University

e. Training

During the course of my employment and if the nature of the business so requires, I understand that

the University may send me for specialized training / assignments within India or overseas in order to

enable me to perform more effectively. I agree to diligently and beneficially take part in the training and

such assignments. I understand that the cost of any such training / assignment shall be borne by the

University and that I may be required to execute a specific service agreement for a minimum time for

which I shall serve the University. I am aware that the University can recover the liquidated damages

on the event of my voluntary separation before the time as mutually agreed upon in the agreement.

f. Waivers

No delay or omission by the University in exercising any right under this Agreement will operate as a

waiver of that or any other right. A waiver or consent given by the University on any one occasion is

Page 11: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

effective only in that instance and will not be construed as a bar to or waiver of any right on any other

occasion.

g. Transfers

I expressly consent to be bound by the provisions of this Agreement for the benefit of the University or

any subsidiary or affiliate thereof to whose employ I may be transferred without the necessity that this

Agreement be re-signed at the time of such transfer.

h. Governing Law

This Agreement will be governed by and construed in accordance with the laws of India, other than

those relating to choose of law.

i. Remedies

The restrictions contained in this Agreement are necessary for the protection of the business and

goodwill of the University, and I consider them to be reasonable for such purpose. I recognize that

irreparable damages would be caused to the University, and that monetary damages would not

compensate the University for its loss, should I breach the terms of this Agreement. Accordingly, in

addition to all other remedies available to the University at law or in equity, upon a showing by the

University that I have violated or am about to violate the terms of this Agreement, I hereby consent to

the entry by a court of competent jurisdiction of an injunction or declaratory judgment enforcing the

terms of this Agreement, including without limitation preventing disclosure or further disclosure by me

of Proprietary Information.

j. Distance

I agree to abide by the provisions of this agreement irrespective of the place of posting – India or any

other country during my employment. I also agree that the terms of the agreement are binding even

after I separate from the University and migrate or settle down in any other part of the world. In case of

any dispute or violation of the terms of contract, the laws applicable in the jurisdiction of India are

applicable to me.

k. Narrow Construction Where Necessary

I agree that if any one or more of provisions of this Agreement will for any reason be held to be

excessively broad as to time, duration, geographical scope, activity or subject, it will be construed, by

limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it

will then appear.

I agree that I will make all attempts to resolve any dispute with employees or with the University,

amicably and within the framework of grievance redressal laid down in the University. I agree that all

decisions are final and binding on me, once the decision has been addressed through the levels of

hierarchy upto the level of Vice Chancellor of ITM University. I agree not to report or discuss any internal

disputes with media or publish on social media for resolution of the issue. I do understand that if the

internal processes fail I have the liberty to take legal recourse.

I agree to conduct myself in a manner which will not sabotage the University property, reputation, brand,

relationships, customer or any other area that may impact the University’s operations.

I agree not to indulge in any trade union activities while in employment either full time or part time. I do

agree that I have a right to represent my case within the framework of the University and law.

Page 12: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

m. Arbitration:

In the event of any dispute, difference or question arising out of or in respect of this agreement or the

commission of any breach of any terms thereof or of compensation payable thereof or in any manner

whatsoever in connection with it, the same shall be referred to _____________ or such other person

mutually acceptable to both the parties, for arbitration and the decision or award so given shall be

binding on the parties hereto.

n. Misconduct:

I understand that my services are liable to be terminated without any notice or salary in lieu thereof for

misconduct, without being exhaustive and without prejudice to the general meaning of the term

‘misconduct’ in the case of reasonable suspicion of misconduct, disloyalty, commission of an act

involving moral turpitude, any act of indiscipline or inefficiency. I may be placed under suspension

pending inquiry into the charges of misconduct or otherwise. The salary for the suspension period will

be paid to me only when I am found not guilty of any of the charges for which I was suspended and not

otherwise.

I will not associate with any such act of misconduct that is detrimental to the prestige of the University

or welfare of the students.

I am aware that the University considers harassment and discrimination of any nature to be an

unacceptable form of behaviour, which is not tolerated under any circumstance. All people have the

right to work in an environment that is free from harassment and discrimination. Disciplinary action will

be taken against anyone found guilty of harassing or discriminating against a fellow employee and may

result in termination of employment.

o. Jurisdiction:

Any dispute arising out of or in conjunction with this Agreement shall be referred to the Courts in

jurisdiction of India

p. Termination Certificate:

If requested to do so by the University, I agree to sign a certificate in which I confirm that I have complied

with the requirements of this Agreement and that I am aware that certain restrictions imposed upon me

by this Agreement continue after termination of my work for the University. I understand, however, that

my rights and obligations under this Agreement will continue even if I do not sign a termination certifi-

cate. I further agree that the University is entitled to communicate my obligations under this Agreement

to any future employer or potential employer of mine (or any other parties with whom I maintain a

contracting or consulting relationship).

I am aware that at the time of separation from the services of the University, I am expected to settle all

outstanding dues towards the University including liquidated damages, if any, at once. In case of any

default / delay in settlement of the outstanding dues, the University will be free to recover such dues by

appropriate means, with interest at the market rate.

q. Legal Recourse

I hereby confirm that I have read, understood the contents and signed this document. If at any point,

ITM University discovers that I have violated any terms/ clauses of this agreement in letter or spirit, ITM

University has authority to initiate any appropriate legal action against me.

Page 13: ITM University HR Policy Manual

ITM University

HR Policy Manual

Doc. Ref. No: ITMU/HR/1.0

Confidential

w.e.f.: 01/12/2017

EMPLOYEE:By:

__________________________

(Name and Title)

(Signature and Date)

EMPLOYER(ITM

University)_______________________________

(Name and Title)

(Signature and Date)

SCHEDULE A

Prior Inventions, Potential Conflicts, Etc.

(Please type or print legibly. Attach additional sheets if necessary to provide a complete description. If

you have nothing to disclose, type or print "None" below.)

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

________________________________________________________