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.
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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
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
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
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