2 ACAD Proposed Employment Terms & Conditions 29.09.2021

EMPLOYMENT TERMS & CONDITIONS OF SERVICE (herein after referred as ETC)
(For Academic Employees)
Employee Code : ………………………………… Designation : ……………………………………

Name of the Employee : ………………………………… Department : ……………………………………
Branch / Office : ………………………………… Date of Joining : ……………………………………
INTRODUCTION
Aakash Educational Services Limited (hereinafter referred to as ‘AESL’ or ‘Company’) is associated

with providing quality test preparatory services and has three distinct divisions, namely Aakash
Institute for Medical, Aakash IIT-JEE for Engineering and Aakash Foundations for Secondary Classes.
Aakash Institute for Medical is one of the well-known institutions in the country that provides
comprehensive test preparatory services to students for preparation of medical entrance
examinations. Aakash Institute for Medical offers test preparatory courses for medical entrance exams
such as NEET, AIIMS and JIPMER.
Aakash IIT-JEE for Engineering offers test preparatory courses for engineering entrance exams such
as IIT-JEE (Main and Advanced) and other state and common engineering entrance exams.
Aakash Foundations is well known for nurturing the aspirations of junior class students for various
competitive exams such as NTSE, KVPY, Olympiad, and other competitive examinations. Systematic
academic delivery model and integrated teaching methodologies of AESL aims at preparing students
to achieve good ranks in School, Board and Foundation Level Competitive Exams. Besides that, it also
builds the foundation for the tough and challenging Medical and Engineering Entrance Exams.
In addition to the above noted three distinct divisions, AESL has also introduced ‘Aakash Digital’, a
platform for the students who don’t want to leave their town just to join coaching classes. Aakash
Digital is a powerful platform for the students who don’t wait for the right time and place to prepare
for dreams. Aakash Digital is an online test prep platform that helps the students for preparing
entrance exams anytime and anywhere through live online classes, recorded video lectures and online
practice tests.
OBJECTIVE
AESL is providing quality test preparatory services since the year 1988 and living example of the same
is the trust of thousands of parents who rely on us every year for quality test preparation of their
children for their bright future.
The main intent behind the “Employment Terms & Conditions of Service” including but not limited to
Clause(s) of Minimum Term, Sincerity Fund & Forfeiture thereof in certain circumstances, Notice
Period etc. is in the larger interest of the students and the continuity of their respective course(s) for
the full tenure without any hindrance. To achieve that goal, continuous service is necessary and
mandated for full term course for at least two years. The Company and The Faculty hereinafter
collectively referred to as the Parties and individually as Party.
Corporate Office: Aakash Tower, 8, Pusa Road, New Delhi-110005. Ph.: 011-47623470
CIN No: U80300 KA2007PLC150057
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From the date of appointment / joining, you will be under contractual obligation(s) to serve AESL
continuously & uninterruptedly. It is made abundantly clear that you will give continuous &
uninterrupted service for subsequent term of two years each time, unless the present Employment
Terms & Conditions of Service is terminated in letter & spirit and in convention of all the provisions
of ETC. This condition is imposed primarily to attain continuity of teaching / coaching to the
students, whose parents’ have paid fee for teaching services from AESL and to maintain & keep up
the high standards maintained by Company in imparting training & assistance to Company's
students for taking up IIT-JEE (Main & Advanced), NEET/AIIMS, and other engineering, medical &
foundation level entrance or competitive exams. It is essential that in no manner the interests of
the students get affected or jeopardized. You being an AESL faculty member must maintain highest
level of ethics & value system so that you become an inspiration to the young students, who will be
the future doctors and engineers of the nation and will grow to impact millions of lives of the people
of this great nation, India and world at large.
Service at AESL is highly specialized one. Basic principle and driving force of AESL is – “Career and
future of its students is foremost” therefore, it may not be possible to waive the notice period in part
or full. Hence, leaving the service without following the provisions of ETC or immediately or after a
certain period shall always create foremost adverse effect and irreparable damage not only to the
career of the innocent students but also to the reputation of AESL. Leaving students midterm or
before the completion of course is against the ethics of education and basic role of a teacher. Your
duties are vast and hence, highest degree of discipline & ethics etc. are mandated.
In today’s competitive world, for creating excellence you have to stay ahead of not only your
competitors but also your own excellence. This calls for working extra hours whenever needed.
Article -1
PROBATION & TRAINING
You will be on training / or on probation at the time of appointment, which will be specifically
mentioned in your Appointment Letter.
1.1 Training
1.1.1 During the period of training, you will be given training for foundation course(s) also
besides Medical / Engineering, so that you are well equipped to teach competitive class(s)
at junior level as well. Also, your performance shall be judged and evaluated on the basis
of (a) tests conducted during and / or at the end of such training period; and (b) model
lectures to be delivered by you as part of your training; (c) the learning ability adjudged
by the assigned Master Trainers for the training and (d) the overall behaviour and attitude
displayed by you during the training period; and (e) Students Feedback.
1.1.2 Average spends on your training is around Rs.3,00,000/- (Rupees Three Lacs Only), which
include not only the actual expenses incurred on training but also intangible investments
made by AESL during training including exposure to subject expertise, study material,
video content, management techniques, pedagogy, operational & IT systems and
procedures of AESL.
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1.2 Probation
1.2.1 After appointment / completion of training, you will be on probation for a period, which
is specifically mentioned in the appointment letter issued to you. The period of probation
may be increased or decreased depending upon recommendations of the Master
trainer(s)/ Reporting Manager responsible for conducting the training program/making
you join at the Centre.
1.2.2 You are required to undergo, time-to-time, training, as per the requirement of AESL and
to maintain uniform standards of teaching, content writing, culture, self-development,
philosophy of AESL and work cohesively as a team or as per the role bestowed upon you
by AESL.
ARTICLE – 2
REMUNERATION, SINCERITY FUND AND BENEFITS
2.1 REMUNERATION:
2.1.1 You will be paid consolidated remuneration per month as specifically mentioned in the
appointment letter during the period of training and/or probation.
2.1.2 On successful completion of the probation period, you are likely to be confirmed in
‘AESL’ and your monthly/ annual gross salary as well as Cost to Company (CTC), on
confirmation, will be specifically mentioned in the appointment letter issued to you.
2.2 SINCERITY FUND:

2.2.1 AESL will make monthly deduction @ 10% of your gross salary from the date of joining
towards “Sincerity Fund” up to initial contract period of 2 years on returnable basis. The
amount so deducted will be returned during 3rd year of your service after two months
of stopping the deduction but, after adjustment of dues, if any, payable by you.
The amount contributed towards Sincerity Fund does not carry any interest.
Failure on your part to serve AESL for minimum period of 2 years (24 months), whatsoever be the
reasons of termination, uninformed absence or voluntary resignation would result in forfeiture
of the Sincerity Fund and no request shall be entertained.
2.2.2 The Sincerity fund shall stand forfeited: -
2.2.2.1 In the event of your default, non-compliance, wilful breach of the contract, sudden
termination of contract and / or leaving the AESL without following the proper
procedure as laid down in the ETC.
2.2.2.2 If you deliberately perform poor, create indiscipline, show misconduct, spread
negativity & bad word of mouth against AESL or its officials, try to instigate / influence
other staff member against AESL & its policies, habitually coming late & do mistake
in-spite of warning / advisory letter.
2.2.2.3 In case you have any medical / legal (civil/criminal) / personal problem or condition,
which does not allow you to continue with AESL, thereby not enabling you to complete
your minimum 2 years term, in order to return your sincerity fund.
2.2.2.4 In case, there is selection in any other non-compete job/assignment or government job
during the tenure of employment with AESL, leading to separation from AESL without
serving the required or accepted notice period in accordance to ETC.
2.2.2.5 In case you fail to inform AESL in writing before joining that you have applied/appeared
in any competitive exam or applied for any job whose result(s) are awaited.
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2.3 DEDUCTION FROM REMUNERATION
2.3.1 Notwithstanding anything to the contrary in this ETC, AESL shall have the right to deduct the
Remuneration partially / in full in the following exceptional circumstances only:
Non-Operational / shutting down of the AESL branch / office, suspension of work / operations
wholly / partially at the AESL branch / office for more than 30 days on account of:
i. Acts of God, fire, flood, drought, earthquake, storm, inundation, landslide, tempest,
hurricane, cyclone, lightning, other natural disaster or extreme atmospheric
disturbances;
ii. Shutting down the work place for periodical maintenance, reconstruction, demolition
or extension of building,
iii. Acts of any sovereign including war, invasion;
iv. Acts of terrorism, riots;
v. Civil emergency (whether an emergency be declared or not), civil
commotion/disturbance, rebellion, hostilities, insurrection, armed conflict sabotage,
military action, acts of public enemy;
vi. Fire or explosion (other than, in each case, one caused by breach of contract);
vii. Adverse weather conditions;
viii. Embargo, blockade, imposition of sanctions or similar actions;
ix. Radioactive, nuclear, chemical or biological contamination;
x. Labour dispute including, but not limited to, strikes, industrial action, lockouts or
boycott;
xi. Government action/change in policy;
xii. Order of Government or Public or Local Authority;
xiii. Epidemic, pandemic, quarantine, lockdown;
xiv. Any other event that may be notified or recognized by any Governmental or Local
Authority as a force majeure event; or
xv. All other similar/incidental Force Majeure Events, which cannot be foreseen by the
Party(s) as on date and/or beyond the control of parties.
2.3.2 AESL shall decide and intimate the date of resumption of work through e-mail/SMS/letter and
you shall be required to join the work within 24 hours of such intimation. In the event of
non-compliance by you, AESL shall have the discretion to terminate you without any further
notice.
ARTICLE – 3
TERM
3.1 The intent behind the ETC is in the larger interest of the students and the continuity of their
respective course(s) for the full tenure without any hindrance. To achieve that goal, your
continuous service is required and mandated for full term course therefore, you are required
to serve AESL at least for two years i.e. at least 24 months from the date of appointment /
joining more specifically mentioned in the appointment letter.
3.2 You agree and undertake to serve for a minimum period of 2 years with AESL from the actual
date of joining. You undertake not to leave the service without completing the Contractual
Period i.e. 2 years as the said period is the essence of the employment.
3.3 This term shall renew automatically for a period of another term of two years and so on unless
the contract is terminated by either party to this agreement as per provisions of this ETC.
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3.4 Retirement and Compulsory Retirement:
3.4.1 You shall retire from service upon attaining the age of 58 (fifty-eight) years. However, you may
be given an extension up to period of 2 (two) years in the event you have made extra-ordinary
achievements, solely at the discretion of AESL. However, the sole discretion of the Managing
Director / CEO of AESL shall be considered for any further extensions, if you are medically fit
and have agreed to continue your employment with AESL at the extended terms and
conditions agreed between the Company at such point of time. Any further re- extension
beyond 60 years shall be solely at the discretion of Managing Director / CEO of AESL.
3.4.2 In the event prior to attaining the age of retirement as aforesaid, you become unfit to continue
employment for medical reasons, such as for reasons of insanity or any other medical
condition substantiated by medical certificates, the Company may seek you to compulsorily
retire from the employment of AESL from the date of production of such medical proofs and
certificates as the Company may so require at its sole discretion
3.4.3 Upon retirement or compulsory retirement, you shall immediately cease to be an employee
of AESL and AESL shall pay the salary due until the date of such retirement, after deduction of
any sums owed by you against AESL, all statutory deductions and any such amounts which are
legally deductible by AESL.
3.4.4 If any employee is confirmed after probation or appointed on directly confirmed services, the
terms and conditions of employee mentioned in the ETC shall be applicable in both the cases
equally.
ARTICLE – 4
TRANSFER POLICY
4.1 AESL reserves the right to re-designate posts or alter the job contents of a post, to transfer
you from one post and/or branch/centre to another and/or to modify terms & conditions
contained in this ETC at any time, if it thinks it's prudent to do so in the interest of students
and ‘AESL’ without any prior notice to the employee.
4.2 Transfer policy:

4.2.1 The service with AESL is transferable to any of the existing or upcoming
Branch(es)/Centre(s)/Franchisee Centre(s) locations anywhere in India or abroad or undertake
tours if the work or Company so requires.
In case, AESL at a later date opens another academic wing/Centre even under a different trade
name or collaborates with any other institution/ centre, you may be transferred to the new
wing/Centre and/ or to any other institution/ centre. You may also be deputed or transferred
to the Franchisee Centre(s) or our own Centre(s) anywhere in India as detailed below:
4.2.1.1 Your salary appointed at / working at / transferred to a Franchisee Centre shall be governed
by the local conditions/regulations.
4.2.1.2 During the transfer, your pay, from one Centre to another shall be protected.
4.2.1.3 In case you are transferred from one centre to another on a temporary basis, then you will be
paid Boarding and Lodging expenses in addition to the salary as per Company’s rules.
4.2.1.4 If AESL has transferred you due to exigency of work, you will be entitled for transfer allowance
as per AESL policy and 2 days off (including weekly off day) out of first seven days to search
for suitable accommodation. One-day leave (i.e. Casual Leave) including weekly off is required
to be applied by you and same shall be approved by leave granting authority as per the
requirement of Branch.
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4.2.1.5 If you had requested for transfer or it is intra-city/ intercity transfer, in that case you are not
entitled for transfer allowance and other benefits of transfer as per the transfer policy.
4.2.1.6 AESL has Branch(s)/Centre(s) spread throughout the country and there may be planned and
unplanned requirements of employees at the Branch(s) / Franchisee Centre(s) in India and
abroad. In such cases, cooperation and timely support are required from you. AESL may in its
discretion or as per requirement can transfer any employee to any other Branch\ Centre of
AESL or to its Franchisee Centre in India and objection of any kind with regard to your transfer
shall not be entertained by AESL. You have to report for duty at that place on the date assigned
to you.
In case, you abstain from duty or fail to join the duty or refuse to join the duty at place where
transferred, it shall be deemed as you have deserted the job without serving the mandatory
notice period and AESL will be entitled to proceed as per ETC. Company reserves the right to
change transfer policy as and when required without any prior notice to the employee.
ARTICLE – 5
COVENANTS
5.1 You are now well aware that foremost and ultimate objective behind the Terms & Conditions
contained in this ETC is to safeguard the interest of student(s) who enters the portal of AESL
with great hopes for his/her future. Therefore, you are under obligation to strictly follow the
terms as detailed below:
5.1.1 During your training as specified above, you shall be entrusted/provided with notes and other
study material containing vital information prepared by the experts of AESL (solely for the
purposes of your training) which distinguishes AESL from its competitors. The information and
material shall be entrusted solely on your assurance to work for the benefit of AESL only, for
a minimum period of 2 years during which the information and material shall be upgraded
from time to time. Thus, it is utmost important for you not to share or part with anyone in any
manner. The information and material / study material (study packages) entrusted to you;
shall be used solely for the benefit of AESL. You shall return the entire material/confidential
data, which you may be entrusted from time to time, to AESL at the time of leaving
employment or termination as the case may be to the Registered/Corporate office under
receipt with due acknowledgment.
5.1.2 Salary is an extreme confidential matter. You should not divulge/disclose/discuss your salary
with anyone including but not limited to other staff of AESL and any such disclosure of
Company confidential information, may result in initiation of disciplinary proceeding at the
discretion of the AESL or immediate termination of the service.
5.1.3 You will be given 4 days off in a month. Unlike otherwise stated Wednesday shall be weekly
off for all faculty member. A Centre can change its weekly off to any other day if required
subject to prior explanation / approval from the Managing Director / CEO of AESL.
5.1.4 You can be asked to stay back after working hours/ come early/ work during the holidays or
on weekly off day as and when required by AESL without any compensation.
5.1.5 As part of continuous learning, you may be asked to participate in subject / non-subject
trainings conducted by Company or agencies assigned by AESL to upgrade your knowledge
and skill.
5.1.6 In order to deliver continuous high-end coaching and content to its students, AESL may
routinely assess your subject knowledge, aptitude and skills, through various methods like
tests, demonstration lectures, quizzes, surveys etc. AESL may at its sole discretion terminate
you and /or take any other step as it may consider necessary, if it is found that your knowledge
is not up to AESL standards.
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5.1.7 You acknowledge and agree not to indulge in brand bashing or negative publicity of AESL or
its policies on any public forum or social media, which may negatively affect the reputation
and brand image of AESL, its promoters and concerned staff members. This shall remain in
effect post voluntary or involuntary separation from AESL for indefinite period.
5.1.8 Being a faculty member of AESL, you can be given Foundation batches (classes 9th& 10th) also
beside Medical / Engineering batches in case if it required by AESL. Therefore, you are
expected to be well prepared for Medical / Engineering as well as Foundation syllabus also
from entrance as well as school / board point of view. You are expected to fulfil all the roles
assigned by AESL to you with utmost diligence.
5.1.9 During your employment with AESL, you shall be required to apply only through proper
channel, in case if you apply for employment elsewhere. Your application for employment
elsewhere will not be withheld if it complies with the agreement between you and AESL. Your
non-compliance with this rule shall amount to breach of trust and violation of the provisions
of ETC.
5.1.10 You will work diligently for the benefit of AESL to the best of your ability and will not work
part-time or full time gainfully or otherwise anywhere else without the written permission of
AESL. You cannot write or publish or code any written work in your subject
(print/digital/video/audio) without prior written approval from AESL.
5.1.11 It shall be your duty to submit the works assigned to you in the time frames so specified.
5.1.12 As a part of your work, you shall be assigned with the duty of preparing / checking the test
paper/ assignments submitted by the students of AESL. It is made clear that if the same is
done carelessly & mistakes are left by you in preparing / checking, you shall be responsible for
losses caused to AESL besides losing its reputation and confidence of the students attempting
those tests/questions prepared/checked by you.
5.1.13 You are not permitted to leave AESL’s premises during office timings without obtaining
permission for leave, which should be exercised only under emergency/exigencies at the
beginning of the day or towards the end of day and that too at the sole discretion of AESL.
5.1.14 Taking up tuitions, writing of books etc. while in employment of AESL is not permitted. Any
violation of the same shall amount to breach of trust and may result in termination of your
services. You shall be liable to take prior permission of AESL before getting yourself associated
with any social work/group/NGO.
5.1.15 You are not permitted to publish any technical/general/press note or any other type of article
in media or any publication without permission of AESL. It is made clear that such permission
shall be granted only at the sole discretion of AESL after reviewing the content being
published. You shall also submit a copy of the same immediately after publication.
5.1.16 No teaching from personal notes or aid is allowed to be taken in the classroom while teaching.
It should be free style teaching in the classroom, unless until specifically permitted by Regional
Director/Head Office or if it is a case of Agile Classroom board, wherein pre-prepared content,
assessment and lecture notes/images/videos etc. are preloaded in the repository of Agile
Classroom system.
5.1.17 As an employee you may be expected to attend Company social gathering / events / official
meetings or get together(s). You are expected to maintain a professional decorum and behave
responsibly during such official gatherings that are organized by AESL. Any failure to adhere
to AESL norms or any act which may harm reputation of Company in public during these
gatherings would lead to strict disciplinary action as per Company policy.
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5.1.18 If you have joined AESL only to receive training or at the behest of anti-AESL elements, you
will be liable to pay not only the training expenses but also the exemplary damages, besides
being prosecuted for inducing AESL to entrust and share vital material and information with
you and causing breach of trust and the same would be in addition to the remedies available
to AESL in law and in other provisions of this ETC.
5.1.19 You will not divulge to any person or a corporate body any confidential information or trade
secret acquired as a result of your employment or in the course of your employment. Any
disclosure of such information to the third party, constitute material breach of ETC and may
invite both civil and/ or criminal legal proceedings against you.
5.1.20 After leaving the Company, if you attempt to attract student(s) of AESL by taking advantage
of your link/ rapport with already taught students and /or influence your former colleagues
also by instigating to join the other institute, the resultant loss to students’ career as well as
the reputation and standard of AESL, shall be enormous and accordingly, the same shall be
treated as material breach of ETC and AESL reserves the right to initiate both civil and/ or
criminal legal proceedings against you, in addition to its rights under the present ETC and/or
Appointment letter.
5.1.21 You shall notify AESL immediately on the happening of any of the following events:
5.1.21.1 If you are involved in any type of investigation or proceeding or in any offence or civil
and/or criminal claim that may reasonably affect the operations/brand/image of AESL or
involvement in an act of moral turpitude; or
5.1.21.2 If a petition for a bankruptcy order is presented in any court of competent jurisdiction
against you; or
5.1.21.3 If any disciplinary measures or sanctions are imposed against you by any regulatory
authority in relation to your professional activities; or any similar or incidental events.
5.2 Work from Home:
AESL has the right to direct you to work from home including but not limited to exceptional
circumstances as defined in Clause 2.3.1. During the period of “Work from Home”, you shall
comply with all the instructions issued by AESL including but not limited to conduct coaching
classes, doubt removal sessions, preparation of questions/test paper and to perform all other
job responsibilities, which can be performed, while working from home.
5.3 Mandatory requirement:
Having computer / laptop along with broadband internet connection and other teaching
devices i.e. Digitizer, Headphone, Webcam at his/her place of stay is mandatory for every
Faculty (unless exempted by AESL expressly) and by signing this ETC, you confirm & declare
the same.
ARTICLE – 6
Confidential Information
a. For purposes of this ETC, “Confidential Information” shall include herein beneath: -
i. information relating to the operations, management, marketing, finances, affiliates and
the systems, manuals, documentation, study materials, test papers, teaching technique,
teaching plans and schedules, all data (including DVDs, CDs, Pen drive or other media
containing the same), recordings (electronic or otherwise), document, reports, concepts,
statements, correspondences, remuneration structure, methodologies, processes,
techniques, computer programs, copyrightable works, student information, business
details or commercial policies;
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ii. information or material that has or could have commercial value or other utility in the
business in which the Company is engaged;
iii. all secrets, trade secrets, know-how, ideas, and processes and business practices of the
Company and the likes which the Company owns, plans, develops or acquires whether for
its own use or for use by its students or any other information that should reasonably be
recognized as confidential information of the Company;
iv. non-public information pertaining to current or former Faculty Members, information
pertaining to hires, prospective hires or potential hires;
v. information regarding the Company’s Faculty Members and its related human resources
information, including Faculty Member manuals, interviewing techniques, and training
manuals;
vi. information received by the Company from third persons to whom it owes a duty of
confidentiality;
vii. reports and presentations;
viii. methodologies and software owned either by the Company, or developed by the
Company, whether electronically and/or in hard copy;
Information of, or provided by, Company, its affiliates or any of their representatives and also
includes the fact that such information has been provided by the Company. (All collectively referred
to as “Confidential Information”)
b. Confidential Information need not be novel, unique, patentable, and copyrightable or constitute
a trade secret in order to be designated as Confidential Information. The Faculty Member
acknowledges that the Confidential Information is proprietary to the Company, has been
developed and obtained with great efforts by the Company and the Company regards all of its
Confidential Information as trade secrets. The Faculty Member understands and agrees that all
material, all copyrights, patents, trade secrets and other intellectual property rights associated
with any concepts, techniques, processes, products or works developed, conceived or created
by the Faculty Member during the course of employment with the Company either for use by
the Company or any of its connected or related persons or institutes are “Works Made for Hire”,
and belong solely to the Company, and are entitled to the same protections as the Confidential
Information.
1. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
a. The Faculty Member promises and agrees to receive and hold confidential
Information in confidence. Without limiting the generality of the foregoing, the
Faculty Member further promises and agrees:
i. To protect and safeguard Confidential Information against unauthorized
use, publication and disclosure.
ii. Not to use any of the Confidential Information except for the purposes of
this employment.
iii. Not to, directly or indirectly, in any way, reveal, report, publish, disclose,
transfer or otherwise use any of the Confidential Information except as
specifically authorized by the Company, in accordance with this ETC.
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iv. Not to use any Confidential Information to unfairly compete or obtain
unfair advantage vis-à-vis Company in any commercial activity which may
be comparable to the commercial activity contemplated by the Parties in
connection with the business purposes.
v. To restrict access to Confidential Information to those officers and Faculty
Members who clearly need such access to carry out the terms of their
employment purely on need-to-know basis.
vi. To advice and/or instruct each of the persons to whom it provides access
to any Confidential Information, that such persons are strictly prohibited
from making any use, publishing or otherwise disclosing to others, or
permitting others to use for their benefit or to the detriment of the
Company, any of the Confidential Information, and, upon request of the
Company, to provide the Company with a signed copy of a written ETC to
that effect signed by such persons.
vii. To comply with any other reasonable security measures requested in
writing by the Company.
viii. To undertake not to disclose any Confidential Information to third parties
without the written consent of the Company.
ix. To not make copies, summaries, or extracts of Confidential Information,
nor remove such Confidential Information from the place of business,
unless authorized by the Company in writing.
x. To bear financial responsibility in case of disclosure of Confidential
Information.
xi. To be held liable for any theft, loss or other inadvertent disclosure of
Confidential Information.
b. Exceptions and Compelled Disclosure
i. The Faculty Member hereby agrees to protect the Confidential Information
in the same manner as he/she would protect his/her own proprietary and
Confidential Information of similar importance. The Faculty Member at all
times use a reasonable degree of care and caution while dealing with such
Confidential Information. The Faculty Member shall not, without the prior
written consent of the Company, disclose any Confidential Information
except in cases, which are as beneath:
(a) to the extent necessary to comply with any laws or regulations
binding on it;
(b) to the extent required by any taxation or fiscal authority;
(c) pursuant to any governmental, judicial or administrative order,
subpoena, to the extent required;
(d) to the extent necessary to comply with any requirements of any
statutory or other regulatory body/authority;
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(e) to the extent necessary to comply with Employment Terms &
Conditions for Employees or otherwise give effect thereto;
(f) to the Company’s professional advisers and key Faculty Members
who, in each case, need to know such details for provision of the
requisite services. Provided however, that the Faculty Member shall
promptly notify, to the extent practicable, the Company in writing of
such demand for disclosure to enable the Company to take any of its
legal remedies including but not limited to obtaining an injunction
from the Courts or any other remedy to preserve the confidentiality
of the Confidential Information.
ii. Nothing contained in this ETC shall apply to information which
(a) is in public domain other than by violation of this ETC
(b) or is materially similar to the Confidential Information, and such
information shall have been independently developed by the Faculty
Member without reference to any Confidential Information
furnished by the Company.
iii. The Faculty Member undertakes that he /she shall :
(a) ensure that the Confidential Information is neither reproduced nor
copied nor is communicated, disclosed or otherwise made available
to any third party unless authorized by the Company in writing; and
(b) protect the Confidential Information from and against theft,
destruction, damage and/or infringement.
iv. In the event the Faculty Member becomes aware of any unauthorized
copying, disclosure and/or use of the Confidential Information, it shall
forthwith notify the Company and take such action as may be necessary to
prevent any further unauthorized copying, infringement, disclosure or use
of the Confidential Information. The Faculty Member shall at all times take
all the necessary steps for the preservation of the Confidential Information
of the Company.
c. Acceptance and acknowledgement
The Faculty Member acknowledges that the type and periods of restriction
imposed in this ETC are fair and reasonable and are reasonably required in order
to protect and maintain the proprietary interests of the Company as described
above, other legitimate business interests and the goodwill associated with the
business of the Company.
d. Return of Confidential Information
The Faculty Member shall immediately return and redeliver to the Company or
destroy all the Confidential Information provided to the Faculty Member,
including all tangible material embodying the Confidential Information provided
there-under and all notes, summaries, memoranda, drawings, manuals, records,
excerpts or derivative information deriving therefrom and all other documents
or materials (and all copies of any foregoing, including “copies” that have been
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converted to computerized / electronic media in the form of image, data or word
processing files either manually or by image capture) based on or including any
Confidential Information, in whatever form of storage or retrieval, upon the
earlier of:
(a) Resignation or the termination of Faculty Member’s employment with the
Company; or
(b) at such time as the Company may so request.
Article 7
INTELLECTUAL PROPERTY RIGHT (IPR)
7.1 The IPR of the Company shall, at all times during the term of this agreement and thereafter,
remain the sole and exclusive property of the Company. Nothing contained in this ETC shall
constitute an agreement to transfer or license or to grant IPR to the Employee. The Employee
agrees that all deliverables, services, work, etc., done by the Employee during the term of this
Agreement that is/are eligible for copyright, patent, trademark etc. shall be deemed "work
made for hire". The Employee agrees to and hereby does assign, grant and convey to the
Company all of its right, title and interest, in such deliverables, services, work, etc., done by
the Employee during the term of this Agreement.
7.2 There can be arranged audio/video lectures or video conferencing telecast or webcast of your
/ Faculty member lectures for the benefit of students of assigned or other courses run by AESL.
These lectures can be live recorded during the course of service. Such type of tapes or
cassettes or digital recordings/files shall be the sole property of the AESL and AESL shall have
total copyrights and can use these as it likes irrespective of the fact that the faculty member
is continuing service at AESL or has left AESL. No extra payment shall be made for such type
of activity/audio-video lectures. This is part and parcel of the job duties of a faculty member.
You will not have any right or claim on those lectures/tapes etc. at any time. If any faculty
member is asked to work for development & propagation of e-learning programs, that will be
within the right of AESL to use it in the way it is required and it will have full rights on the
same. No extra payment shall be made to you for the same.
7.3 That all the rights including copyrights and right to play/demonstrate the audio/video lectures
of study materials and test papers of any course in the chapters/subjects being taught shall
be the sole property of AESL and you shall not have any right over the same.
7.4 You hereby recognize and acknowledge that the ownership of, and all right, title, and interest
in, all work product, improvements, developments, proprietary information, study material,
test papers, digital content, animations, presentations know-how, processes, methods, trade
secrets, source code, application development, plans, business plans or models, works,
already existing in AESL or contributed by the faculty member, in which copyright may subsist
(including computer software and preparatory and design materials thereof), inventions
(whether patentable or not, and whether or not patent protection has been applied for or
granted) and all other intellectual property throughout the world, in and for all languages,
including but not limited to computer and human languages developed or created from time
to time by AESL or by you whether before or after commencement of employment with AESL
or any recorded audio/video lectures by the faculty member given during course of his
employment with AESL (“Intellectual Property”) shall solely vest in AESL.
7.5 Any study material, question banks, test papers, solutions etc. created by you while in
employment of AESL shall be treated as sole property of AESL only.
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ARTICLE – 8
SEPARATION, TERMINATION & EFFECT THEREOF
8.1 SEPARATION:
You can terminate your services in the following circumstances:

8.1.1 If your salary is unpaid for more than 3 months, without any reason, you have right of
separation from AESL by serving 15 days’ notice in writing.
8.1.2 AFTER COMPLETION OF TWO YEARS OR IN BETWEEN
8.1.2.1 In the event you wish to leave AESL after completion of two years or in between, you are
required to give notice in writing giving clear one months’ time to AESL. You can do so only
between 15th January to 1st February.
8.1.2.2 The said notice is required to be delivered at the registered/ corporate office of the AESL at
New Delhi as per separation process.
8.1.2.3 The notice for 1 month can be given in any year after successful completion of two years. You
can do so only between 15th January to 1st February.
Rational behind submitting the 1 month notice and serving notice period before leaving the
job by any faculty member is to avoid any hindrance in coaching of the students and to
maintain continuity. Since the replacement of trained teacher of your subject takes
considerable time, therefore the notice of one month submitted by Faculty member is a must
so that they complete the ongoing syllabus and not leave the students in their batches
surprised with their absence at the most critical time, when the students need their teachers
the most. Therefore, if you submit resignation without serving the notice period, it will be
invalid and shall amount to desertion of your services.
During the notice period of 1 month, you shall perform all the roles and responsibilities
assigned to you. If it is found that you are performing poor, feedback starts going low/down,
attitude become anti-organization or your action(s) become detrimental to the interest of
AESL or leave AESL, it will be presumed that you are deliberately, knowingly and intentionally
doing all and / have deserted the job without serving prior notice to AESL and it shall entail
consequences as per the provisions of ETC.
[Explanation:
Academic Session / Year – The academic session / year shall mean and commence from 15th
March to 14th March of the next year.]
8.2 TERMINATION
AESL has right to terminate your services in following circumstances:
8.2.1 AESL shall have the right to terminate the employment at any time, without assigning any
reason thereof, by giving 30 (thirty) days written notice to this effect (“Termination Notice
Period”) to you, or payment of monthly gross salary in lieu thereof. During the Termination
Notice Period, you shall, at the discretion of AESL, continue to perform your duties and shall
abide by all other terms and conditions contained hereunder.
8.2.2 AESL shall be entitled to terminate the employment with immediate effect without the
requirement of serving any notice or without paying you any compensation in lieu of such
notice, if you:
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8.2.2.1 In any respect, you fail to submit the proof of last drawn salary, where applicable in form of
salary slip or appraisal letter or any document as evident of your last drawn salary, to the
satisfaction of AESL, permanent and present residential address(s) in the form of photocopy
of Passport, PAN, Voter ID, Driving License or any other valid proof at the time of joining
AESL and will inform any subsequent change in the address within 10 days from the date of
change of address as well as character certificate-cum-reference from person of repute /
social standing/ class-I officer;
8.2.2.2 In case you neglect or fail to carry out or refuse to attend to, or commit any breach or non-
observance of your duties or obligations or of any terms and conditions as mentioned in ETC;
8.2.2.3 Without prejudice to anything contained in ETC and herein, if you go on unauthorized leave
or remain absconding from duty for a period of 3 (three) consecutive days or more without
any written permission or approval by reporting manager;
8.2.2.4 Engage in any illegal act / omission or is convicted by any court for any offence involving
moral turpitude or commit all or any action / omission which is detrimental to and may
defame AESL;
8.2.2.5 In the performance of your duties under this ETC or otherwise, commit any acts of gross
misconduct or negligence or wilful insubordination;
8.2.2.6 Engage(s) in a conduct, which substantially impair your ability to perform the duties,
functions, responsibilities and obligations of your employment with AESL or is likely to
prejudicially affect the business or reputation of AESL;
8.2.2.7 Indulges in any act not in conformity with the discipline or behavioural rules set out in ETC
or other applicable Faculty Member policies of the AESL;
8.2.2.8 If there are mistakes/ errors, incorrect questions or answers/solutions, etc., in the test
paper(s) or study materials prepared by you or delay in submission of study material(s) or
test paper(s) beyond the scheduled date of submission, despite reminder(s) concerned
authority, as may be determined by AESL;
8.2.2.9 Habitually neglects work or indulge in inattentive behaviour or fails to complete the syllabus
within the number of hours allotted or take more number of hours than allotted to complete
the course (5% variation accepted);
8.2.2.10 Are unable to perform your duties in a satisfactory manner. In the event you receive less
than 75% (seventy five percent) score in the feedback taken from the students it shall be
deemed that your performance has been unsatisfactory;
8.2.2.11 If your performance towards AESL is found unsatisfactory, AESL reserves the right to
terminate and/or reduction in your designation and/or salary;
8.2.2.12 For your misconduct or negligence of duty during training / probation period / after
confirmation, you may be issued warning / advisory / improvement letter by AESL. If within
12 (twelve) days’ time of issuance of the said letter, you do not improve, AESL reserves the
right to terminate your services forthwith without any further notice and compensation
whatsoever;
8.2.2.13 AESL reserves the right to terminate your appointment forthwith if you cease to undertake
the job or perform in pursuant to the present agreement for any reason whatsoever or for
the breach of ETC;
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8.2.2.14 Copy(s) of any question from any guide, study material of any other institute or from any
other source (including but not limited to electronic source) and reproduces them in the test
paper(s) to be framed for AESL as it is;
8.2.2.15 Enters the premises of AESL after smoking or consuming alcohol, narcotics, pan, gutka,
khaini, etc. or indulging in such activities;
8.2.2.16 Non-compliance with any of your duties and obligations as Faculty Member as set out in ETC;
8.2.2.17 Share such lodging / accommodation with any other faculty member of AESL without prior
written approval from AESL;
8.2.2.18 Indulges in any act or omission which materially and adversely affects the goodwill or
reputation of AESL or which creates any confusion or insecurity in the minds of the students
or other Faculty Member(s) of AESL or spreading negativity and rumours concerning AESL;
8.2.2.19 If your behaviour with the Students is found inappropriate in any manner with any student
of AESL or their parents; Staff member of AESL or its contractual staff members.
8.2.2.20 Indulge(s) in any form of sexual activity or sexual harassment with any of the students, fellow
colleagues / staff members as defined under the law;
8.2.2.21 Misbehaves with fellow colleagues/ staff members;
8.2.2.22 Put the resources of AESL into personal use;
8.2.2.23 Purposefully hides any medical ailment or condition before joining AESL that may affect your
contribution and / or performance uninterruptedly;
8.2.2.24 Indulges in negative publicity of AESL or its policies on any of the public forum or social
media, which could lead to defamation of AESL and tarnishing of its brand image among
general public and its own staff and students;
8.2.2.25 Any incorrect or misleading information or criminal liability/litigation is discovered by
Reference Check or Background Verification agencies employed by AESL as a standard
protocol for certain profiles as deemed fit/suitable by AESL;
8.2.2.26 Applying for government jobs without prior intimation (No Objection Letter) & approval to
the reporting manager and HR department could also lead to termination of services, under
concealment of information and intent, thereby leading to wastage of training resources,
effort and time of AESL.
8.2.2.27 For termination of employment on account of such instances, as referred herein above, it
shall be considered a deemed breach of ETC on your part and AESL shall not make any
payment in lieu of notice or any other payment to you except for such sums as shall have
accrued until the date of termination of employment after adjusting such sums owed by you
to AESL or any other claims that AESL may have on you. The decision of the management of
AESL in this regard shall be final and binding.
8.3 EFFECT OF TERMINATION

Upon termination of the employment in accordance with the terms set out in this ETC, you undertake:
8.3.1 To cooperate fully with AESL in all matters relating to the completion of the pending work and
the orderly transition of such work, as the case may be.
8.3.2 To immediately hand over and shall deliver to such person, as may be designated by AESL, and
in such manner as may be specified by AESL, all such papers, documents and other property
of AESL as may be in your possession, custody, control or power, in whatever medium,
including but not limited to any phones, computers, vehicles, etc. provided by AESL and you
shall take an acknowledgement from AESL evidencing the due return of the above referred
document, equipment, etc. to AESL.
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8.3.3 Not to represent himself/herself as being in any way associated with AESL, after the
termination or any time thereafter.
8.3.4 Not to use terms like “Ex-Aakashian” or “Ex-Aakash Faculty/Teacher” etc., where by taking
advantage of Company’s brand name for personal benefit/advantage in any promotion
communication to public at large.
8.3.5 Not to call upon the students of AESL and/or their parents to influence them against the
policies, procedures and courses of AESL. In the event you are found indulging in such activity,
AESL shall be at liberty to initiate suitable legal proceedings.
8.3.6 Not to use/ misuse the name of AESL in any manner to your advantage and/ or to the
detriment of AESL.
This Clause shall survive even after the termination or expiry of the ETC.
8.4 OBLIGATION OF EMPLOYEE

8.4.1 AESL reserves the right to not relieve the Faculty Member from employment herein as long as
he/she is in possession of any document or property or content or data belonging to AESL or
if he/she has not properly handed over to the concerned authority / Reporting Manager, all
such Confidential Information which is in custody of the faculty or he/she has access to.
8.4.2 Prior to the relieving from AESL, you shall have to obtain "No Dues Certificate" from all
concerned departments of AESL, which is mandatory in nature. If you fail to obtain the above
said certificate it shall be deemed that you have misappropriated, important
documents/records/ data or other articles given / available to you during the course of your
employment with AESL, hence appropriate civil and/ or criminal proceedings for committing
the offence of breach of trust will be initiated against you.
8.4.3 Granting permission to you to apply for any post outside AESL or forwarding your application
for any such post, does not guarantee your relieving from your duties at AESL immediately.
Your relieving will be strictly subject to the provisions of ETC.
8.4.4 In the event of termination of this Agreement for any reason and by either party, you hereby
shall expressly agree to abide by and be subject to the following restrictive covenants: -
8.4.4.1 During the contractual period/ during the 6 months period after your separation /
termination for any reason whatsoever, you shall not directly or indirectly as an owner,
partner, lender, investor, shareholder, employee, officer, director or in any other capacity of
any kind, character or nature, establish or maintain any interest in a professional practice or
Educational provider located within a radius of 10 kms of that city/place of any of the AESL's
Branch/Centre or in the city of your last posting or in any other city where you were posted
at any time during your employment with AESL, without the prior written consent of the AESL;
8.4.4.2 During the 12 months period following your resignation / termination, for any reason, you
shall not directly or indirectly, solicit or induce, or attempt to solicit or induce, any employee
and/or student(s) and/or parent(s) and/or associate vendor(s) etc. (including but not limited
to the existing students of AESL, their parents, etc.). of AESL, or its affiliates or successor, to
leave said Company for any reason whatsoever or hire any employee of said Company without
the express written permission of the said Company.
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8.5 EFFECT OF LEAVING COMPANY IN VIOLATION OF ETC
8.5.1 You are exclusively & ethically responsible for the compensation as explained in ETC because
you are having moral responsibility to complete the Academic Session so that in no manner
the career of students should be put at stake. In case if you leave the job in between the
academic session, it shall amount to immense academic loss for the student(s), as the
student(s) get acquainted with the method of teaching and communication with you. When
any Faculty Member leaves the job in between, it becomes very difficult to find the alternate
competent Faculty Member immediately with the similar calibre resulting in loss of reputation
of Company as well loss of valuable time of the students, who are dependent on the teachings
delivered by assigned teachers in their batches. The students of AESL as well as their parents
might contact AESL because of your above breach. Your breach thus, might lead to bringing
disrepute to AESL amongst other losses. Therefore, you are liable to pay the compensation.
8.5.2 If you are unable to adhere to the said mandatory notice, you would be liable to pay AESL
compensation for occurrence of any of the following events as mentioned herein beneath: -
8.5.2.1 Unable to serve the said mandatory notice period as explained herein above.
8.5.2.2 Termination of your employment, for any reason whatsoever, at any time during the
continuance of (i) the Training Period;(ii) the Probation Period, as the case may be, or any time
after the completion of the Probation period or (iii) continuance of Initial Contract Period or
any Subsequent Contract Period, as may be applicable.
8.5.2.3 Termination of employment by AESL due to any misconduct on your part or due to
unsatisfactory performance during the Training Period or Probation Period, or due to your any
action(s) which contravenes of ETC hereto; Towards recovery of any loss(s)which may be
suffered by AESL, inter alia:(i) on account of training, developing expertise, gaining knowledge
and experience on teaching such subjects to the pupils, obtaining information and knowledge
about the patterns and procedures followed by AESL and preparing you to undertake and
perform your duties and obligations under ETC and towards the AESL as well as to the pupils,
(ii) compensation for extending training to another Faculty Member, developing expertise,
gaining knowledge and experience on teaching such subjects to the pupils, obtaining
information and knowledge about the patterns and procedures followed by the AESL by such
another Faculty Member.
8.5.3 The amount of compensation shall be computed as a computation of the following:
8.5.3.1 The Training Expenses, provided that, you shall be liable to pay the Training Expenses as
mentioned above in the event if your employment is terminated, either in accordance of ETC
or otherwise, in the employment period prior to or during the initial Contract Period but not
in case of any Subsequent Contract Period;
8.5.3.2 Amount equivalent to gross-salary for the unexpired notice period or the remaining period of
the academic year/contract period of two years, as per the discretion of the Managing
Director of the Company;
8.5.3.3 Any other amount suffered as damages by the Company; and
8.5.3.4 Any other amount due and payable by you to the Company under any Contract, Law or Equity.
8.5.4 You hereby expressly acknowledge, understand and agree that the above noted
compensation is payable by you to AESL for the huge loss of face, reputation, brand equity,
mind equity, future business losses and more specifically the loss(s) of study(s) of student(s)
career, as a consequence of quitting by you without completing the academic/contractual
period and leaving the students in a lurch, potentially devoid the country from nurturing a
talented doctor or engineer, who would have impactful contribution to development of the
nation.
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8.5.4.1 The obligation to pay compensation as set out hereinabove shall automatically accrue upon
occurrence of breach of ETC and AESL shall not be required to serve any notice in this regard
to claim the compensation.
8.5.4.2 You shall pay the compensation within 7 (seven) days from the date when you leave AESL.
AESL shall, in addition to the right of recourse it may have under applicable laws of India, have
the right to recover the said amount along with interest at the rate of 12% per annum on the
amount outstanding until the actual payment of the amount due.
8.5.5 You acknowledge and agree that the remuneration payable hereunder is adequate
consideration for the restrictive covenants contained in this ETC, including those with respect
to scope and duration, and that the restrictions contained in this Clause are considered
reasonable for the legitimate protection of the business and goodwill of the AESL.
ARTICLE – 9
MISCELLANEOUS
9.1 You will be required to submit the proof of your last drawn salary or income, where applicable
in form of salary slip or salary appraisal letter or any document evidencing the last
drawn/earned salary or income, to the satisfaction of AESL, permanent and present residential
address(es) in the form of Photocopy of passport, PAN (mandatory document), driving license
or any other valid proof at the time of joining AESL and will inform in writing to H.R. regarding
any subsequent change(s) in your address within a week from the date of change of given
address. A medical fitness certificate from a licensed medical physician confirming your fitness
for assigned teaching job at AESL as well as character certificate-cum-reference from a person
of repute / social standing/ class-I officer on the Performa prescribed in Annexure ‘D’ within 7
days of your joining.
9.2 You will be governed by the “Leave policy” as given in Annexure ‘B’.
9.3 Background Verification Authentication of Certificates and Disclosure:
9.3.1 As a matter of procedure, AESL has engaged third-party vendor to check your background,
education, address, police records and past employer records. At any given stage if any
information provided by you as per official record is found contradictory, unsatisfactory or
false, AESL has right to take action against you as it deems fit including but not limited to your
immediate termination.
9.4 Communication/Notice:
9.4.1 If a letter, sent to you, at the address given in Annexure ‘A’ (Joining Performa) or any other
address revised thereafter and the same is returned undelivered, it shall be deemed to have
been delivered, unless the latest change in address, if any, has been brought to the notice of
the HR Department of AESL in writing, within 10 (ten) days’ time of change of address with
proper proof thereof. Non-compliance shall be treated as violation of the service rules on the
part of the employee and will be dealt with accordingly.
9.4.2 You shall receive any communication whenever it is offered or delivered to you personally and
shall sign a duplicate copy of the same in token of it having been received by you. You cannot
refuse to accept any letter given to you. In absence of your objection to the AESL
communication within two working days (unless specific time not provided in AESL
communication) from the date of receipt of such communication, same shall be deemed to
be accepted by you.
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9.5 Severability:
9.5.1 That if any provision of this ETC is determined to be void, in fructuous, redundant or
unenforceable under applicable law, such provision shall be deemed amended or deleted, in
so far as reasonably inconsistent with the purpose of this ETC and to the extent necessary
confirming to applicable laws and the remaining provisions of this manual shall remain valid
and enforceable as at the time of execution of ETC.
9.5.2 This ETC embodies the entire understanding between the parties respecting the subject-
matter of this ETC and supersedes any and all prior negotiations, correspondence and
understandings between AESL and you respecting the subject-matter of this ETC. That the
recital(s), schedule(s) and annexure (s) (i.e. Code of Conduct, Joining Performa, Leave Policy,
Leave Granting Authorities, Working Hours of Faculty member, Job Description, Transfer
Policy, House Rent Receipts, Loans and advances, Dress Code, Telephone & Mobile Phone,
Late Arrivals, Gratuity, Performance Appraisal Policy for Faculty Member, Joining Declaration
By Faculty Member, circular/ letter issued time to time), in and to these ETC are an essential
part thereof and in the interpretation of ETC and shall be read and interpret in their entirety.
It is expressly agreed by you that you shall not be entitled to prevail over this ETC on any point
in time and circumstances for whatsoever reasons.
9.6 Discipline
9.6.1 During the course of employment if, your teaching performance is very poor in terms of
feedback of students, quality of the questions submitted, and/or delay in submission of
written material then you can be demoted after giving you one warning / advisory to improve.
It means after one warning / advisory if you keep on sailing in the same boat then certainly
you can be demoted further and your remuneration may also be decreased or a suitable
financial penalty may be imposed.
9.6.2 You must adhere to following norms in AESL premises:
9.6.2.1 Food: As per Company policy, all members are advised to have only vegetarian food items
while in Company’s premises. Consumption of egg preparations in any form can however be
accepted. Consumption of meat preparation in any form is not permitted.
9.6.2.2 Smoking: Smoking is strictly prohibited in all Company’s premises during duty hours.
9.6.2.3 Alcohol/ Narcotics/ Pan/ Gutka/ Khaini: Consumption of alcohol/ Narcotics/ Pan/ Gutka/
Khaini or keeping alcohol/ Narcotics/ Pan/ Gutka/ Khaini in Company’s premises or coming to
AESL’s premises after consumption of the same or spitting is strictly prohibited.
9.6.2.4 ID card: - Identity Card shows uniformity & strength amongst all the employees.
Identity card is a strong and undeniable proof that the employee works for the Company with
pride. Wearing Identity Card is mandatory while in office premises or outside on any official
assignment.
9.6.2.5 Fines/Penalties:
In order to ensure strong discipline, Company expects its staff to use their time productively
for their personal and Company’s growth. So as to dissuade the staff from wasting time during
office hours, AESL has instituted certain constructive restrictions and has imposed certain
penalties for offenders.
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9.6.3.1 If you are found smoking/eating gutka/Pan masala or any other tobacco product during office
hours inside or outside the premises of the Centre, a fine/penalty of Rs.4000/- will be
imposed. This fine/penalty amount will be deducted from your salary of that particular month.
In case, the mistake is repeated for the second time Rs.5000/- will be deducted as a
fine/penalty. In case, if you defy the code of conduct for the third time you will be demoted
to a lower grade by the management. If after three warnings/opportunities to improve you
still repeat the mistake then you will be terminated from services without any compensation
in lieu of the termination.
9.6.3.2 If you are found/reported sleeping during office hours in the staff room or anywhere else on
premises of the Centre, a minimum fine/penalty of Rs.2000/- will be imposed. This
fine/penalty amount can go upto Rs.5000/- and will be deducted from your salary of that
particular month. In case, the mistake is repeated for the second time, your one-day salary
will be deducted as a fine/penalty. In case, if you defy the code of conduct for the third time
you will be demoted to a lower grade by the management. If after three
warnings/opportunities to improve you still repeat the mistake then you will be terminated
from services without any compensation in lieu of the termination.
9.6.3.3 If you are found/reported using mobile phone during office hours except for the lunch hour
i.e. 2:30 PM to 3:30 PM, a fine/penalty of Rs.2000/-will be imposed. This fine/penalty will be
deducted from your salary of that particular month. In case, the mistake is repeated for the
second time, one-day salary of you will be deducted as a fine/penalty. In case, if you defy the
code of conduct for the third time you will be demoted to a lower grade by the management.
If after three warnings/opportunities to improve the person still repeats the mistake then you
will be terminated from services without any compensation in lieu of the termination.
9.6.3.4 If you are found sitting on bench while teaching in class or sitting in chair at workstation i.e.
classroom a penalty of Rs.1000/- will be imposed.
9.6.3.5 If you are found gossiping for long duration and wasting (your & others’) time and resources
of the Company, a penalty of Rs.1000/- will be imposed.
9.6.3.6 If you are found leaving the computer, photocopier, iTutor or UPS on while leaving from the
office, a penalty of Rs.3000/- will be imposed.
9.6.3.7 If you are found making errors in question paper created / verified by you, a penalty of
Rs.1000/- per question will be imposed. (This includes [1] Question framed in wrong, [2] The
choices/answers given are wrong, [3] Question is out of course)
9.6.3.8 If you are found changing direction of CCTV, a minimum penalty of Rs.5000/- will be imposed.
9.6.3.9 If you are found talking unprofessionally to colleagues/seniors/students, a penalty of
Rs.5000/- will be imposed.
9.7 Anti-Corruption Policy and Business Ethics:

9.7.1 You agree that the following provisions shall apply to you, in addition to other policies
communicated by AESL from time to time and other regulations available at law.
9.7.1.1 Either directly or indirectly Bribe(s)/offer(s) to bribe or pay-off are forbidden. You (or your
family members or associates) shall not make, promise, offer or authorize any loan, fee, gift,
offer, sample, travel expense or entertainment, other payment or provision of anything of
value whether in cash or in kind, for the use or benefit for the purpose of influencing any act
or decision of official in their official capacity, or inducting to do or omit to do any act or use
their influence with any government, to assist in obtaining, retaining or advancing business in
any manner for or with, or directing business to, any student, person, firm, institution or
CIN No: U80300 KA2007PLC150057
Page 20 of 26
organization having dealings with AESL, including in connection with your work/service, and if
you have been offered any such commission, gratification, etc., you shall forthwith (and in any
event within 2 (two) days) report the same to the management of AESL in writing and any
violation of the same would be deemed to a fundamental breach of the present terms and
may lead to any consequence as specified under Clause 7 of the present Agreement amongst
others.
9.7.1.2 Secret commission or other secret compensation or gratuities from any student, person, firm,
institution or organization who have any dealings with AESL are forbidden and any violation
of the same would be deemed to a fundamental breach of the present terms and may lead to
any consequence as specified under Clause 7 of the present Agreement amongst others.
9.8 Prevention and Prohibition of Sexual Harassment:

9.8.1 You have to treat all employees with high dignity and respect and to be free from all forms of
harassment in the workplace. You shall observe common courtesy and considerate behaviour
towards each other regardless of their position. Sexual harassment at the workplace or other
than workplace of involving yourself is grave offence and is, therefore, punishable. Sexual
harassment is one type of harassment and includes unwelcome sexual advances, unwelcome
physical contact or unwelcome verbal or physical conduct of a sexual nature. You (Teaching
staff/ Non-teaching staff) are expected to talk with the girl students and female
staff/guests/parents in polite manner and should not pass indecent remarks, gestures or
unwarranted advances towards colleague(s) at place or extended place of work. In case, if you
are found to be indulging in such an act, you will be terminated from service without any
compensation in lieu of the termination, in addition other rights and remedies available to
AESL both in law and any other Company Policy/ Contract
9.8.2 AESL has strict prohibition on inflicting any corporal punishment or use of abusive language or
negative/derogatory comments on any prospective, current or passed out student of AESL.
AESL strictly does not entertain any explanation from the accused Faculty Member on the
grounds such as it did not do any harm to the student, there was no other way to discipline
the student, nothing else worked, that was the last resort available in any particular situation,
there are too many students in class to discipline etc., or any other excuse that the Faculty
Member may resort to for justifying such action.
9.8.3 You shall not indulge in any act or action constituting sexual harassment, which includes such
unwelcome sexually determined behaviour (whether directly or through implication), such as:
(a) Physical contact and advances; (b) a demand or request for sexual favour; (c) sexually
coloured remarks; (d) showing pornography or text messages; and / or (d) any other
unwelcome physical,
verbal or non-verbal conduct of sexual nature (f) Implied or explicit promise of preferential
treatment in her/his employment; (g) Implied or explicit threat of detrimental treatment in
her/his employment; (h) Interferes with her/his work or creating an intimidating or offensive
or hostile work environment for her/him (i) Humiliating treatment likely to affect her/his
health or safety.
9.8.4 Any such infliction of corporal punishment or indulgence in sexual harassment by any Faculty
Member shall invoke immediate termination from employment of such Faculty Member,
without any notice being required to be issued by the Company. Further, AESL shall have sole
discretion in determining any other suitable action that may be taken against such Faculty
Member, including reporting such action to the nearest police station and arrest of such
Faculty Member. The steps/ remedies available to the Company under this head are in
addition to other rights and remedies available under law and/or any other applicable policy.
CIN No: U80300 KA2007PLC150057
Page 21 of 26
9.9 Sharing of Accommodation:
9.9.1 As per Company policy, you cannot share accommodation with any faculty member/
employee except during training period. If it is brought to the knowledge of AESL, your salary
and designation may be lowered one step/grade down at which you are working at the time
of incident reporting. If you continue further in the same way for more than one month after
you are demoted, you may be removed or asked to leave from the service for violating the
policy of AESL without any notice/ compensation.
9.10 PVC Fused ID Cum-Attendance Card:

9.10.1 On joining AESL, you shall be issued a PVC Fused Identity -cum-Attendance Card, which you
have to keep very carefully. You shall have to mark your attendance by swapping this card
through the attendance machine. Failure to do so will result in you being marked absent and
loss of pay or available leave. Wearing an Identity card during the working hours is mandatory
for every employee.
9.10.2 That I understand that I may have to work beyond the scope of the usual working hours in the
Company in case the exigencies of the role and services so require. No additional
compensation will be made to me for the same.
9.10.3 In case this card is lost due to any reason, an F.I.R. will have to be lodged immediately with
the nearest police station and HR Department will have to be informed along with a copy of
the F.I.R.
9.10.4 For getting a duplicate Identity card, you shall have to pay the charges in force at that time.
9.10.5 At the time of leaving AESL, you will have to surrender this card to the HR Department for
finalization and closure of your Accounts& Settlements.
9.10.6 Appropriate criminal and/or civil proceedings shall be initiated against the employee failing to
surrender this card before leaving.
9.10.7 You must wear/ AESL Identity card at all times while in office or on official duty anywhere. You
can use a lanyard or clip to wear it.
ARTICLE – 10
INDEMNIFICATION, GOVERNING LAW AND DISPUTE RESOLUTION
10.1 INDEMNIFICATION
You hereby agreed to indemnify and keep indemnified AESL and each of its officer(s), director(s),
Faculty Member(s), representative(s), attorney(s) and agent(s) and save and hold them harmless, from
and in all respect of all liabilities, obligations, damages, penalties, claims, actions, judgments, suits,
fees, costs and expenses, including legal fees incurred in connection with or resulting from any claim,
action or demand against them that arises out of or in anyway relates to negligence, fraud,
professional misconduct or wilful default on part of you during the course of your employment with
AESL.
10.2 GOVERNING LAW AND DISPUTE RESOLUTION
10.2.1 That the Parties agree that this ETC shall be construed in accordance with the laws in force in India
and in the eventuality of any dispute or difference (including in the eventuality of violation of the
Agreement by any party) should arise on any matter relating to or arising out of the present
Agreement, the same shall be referred to the arbitration within 60 days of either party notifying the
other party to the Agreement of such dispute, for adjudication under the provisions of Arbitration &
CIN No: U80300 KA2007PLC150057
Page 22 of 26
Conciliation Act, 1996. Parties hereby mutually agree to appoint Mr. Arun Batta, Advocate, Chamber
No. - 385, Lawyer’s Chamber, Block ll, Delhi High Court, New Delhi- 110003, as sole arbitrator for
adjudication of disputes between the parties, whose decision shall be final and binding upon the
parties. The sole Arbitrator shall conduct the arbitration proceedings at Delhi.
10.2.2 It is also agreed between the parties that arbitration proceeding would be conducted in
English only and in no other language. If such appointed Sole Arbitrator is unable to continue
with such Arbitral proceedings for any reason whatsoever, a new Sole Arbitrator shall be
appointed by mutual consent of the parties who shall continue with the Arbitral proceedings
from the stage where the proceedings were left by his predecessor.
10.2.3 Parties mutually agree that the fee payable to the Arbitrator for adjudicating the dispute
between the parties arising out of this Agreement shall be subject to a maximum limit of INR
50,000/- per case. Each party shall be liable to pay arbitration fees equally subject to a
maximum limit of INR 25,000/- per case.
10.2.4 That the Courts at Delhi shall have exclusive jurisdiction (subject to the arbitration proceedings
which are to be also conducted at Delhi) over any or all disputes arising out of this Agreement
and the parties hereby submit themselves to the jurisdiction of such Courts and/or Tribunals.
Signature of Employee : _______________________
Name (in Block Letters) : _______________________
CIN No: U80300 KA2007PLC150057
Page 23 of 26
ANNEXURE - A
CODE OF CONDUCT
A. CODE OF CONDUCT
The employees of AESL shall not indulge in any activity which may cause disrepute or defame
to the Company and is detrimental to its employees or students by any of his / her acts, deeds
or words or which is in violation of the rules laid down in the Appointment Letter, Employment
Terms & Conditions of Service.
B. ACTIVITIES WHICH MAY ATTRACT DISCIPLINARY ACTION

Without Prejudice to other rights and remedies available to AESL both in law and any other
Company Policy/ Contract, the following acts of commission and omission on the part of an
employee shall constitute misconduct and attract disciplinary action:
1. Theft, fraud or dishonesty in connection with the AESL’s business or property.
2. Frequent late incoming, early out, long out of office during working hours,
unauthorized absence, unnecessary sitting late after office hours without prior
permission of Head of Department.
3. Non adherence/deviation from Dress Code.
4. Insubordination or disobedience of any written, lawful or reasonable order of a
superior, and / or in discipline.
5. Drunkenness, fighting or riotous, disorderly or indecent behaviour while on duty / at
the place of work and/or the extended place of work.
6. Neglect of work.
7. Causing wilful and wanton conduct of damage to work in progress or to property of
AESL.
8. Sleeping while on duty and in the premises of Company.
9. Maligning or slowing down work.
10. Misuse of Company assets or property for personal gain or gains of unauthorized
users.
11. Voluntary or involuntary act of negligence in use or loss of Company assets or
property.
12. Conviction in any Court of Law for any criminal offence involving moral turpitude or
detention in police custody of more than 48 hrs. Giving false information regarding
one’s name, age, father’s name, qualification or previous employer or any other
information sought at the time of joining AESL or at any other time during his /her
service.
13. Breach of any rule, regulation or by-laws.
14. Threatening, abusing, assaulting and misbehaving with any superior, co-worker,
student/parent.
15. Refusal to receive and/or accept any order or notice communicated in writing.
16. Indecent remarks, gestures, abusive language, or unwarranted advances towards
colleague(s) and/or student/parent at place or extended place of work.
17. Rumour mongering, instigating employees and/or students casting unfounded
aspersions on people connected with AESL.
18. Agitating the co-workers against the policy of the Company.
CIN No: U80300 KA2007PLC150057
Page 24 of 26
19. Giving interviews to any media, and/or subscribing any written material about AESL
and its students writing and/or publishing any book/pamphlet/material, without
written permission of the authorities.
20. Indulging in anti-national activity.
21. Using of official machinery, mobile phone, sim card, data card, laptop including
stationary, manpower, computers etc. for personal and non-official use.
22. Activities which are detrimental to the AESL’s interests, goodwill and the student
community.
23. Taking up any parallel job, or starting any parallel business.
24. Indulging in or partnering in any business or work related directly or indirectly with
AESL’s work or becoming party as a vendor to AESL without written consent from the
Company.
25. Smoking, Consumption of alcohol/ Narcotics/ Pan/ Gutka/ Khaini or keeping alcohol/
Narcotics/ Pan/ Gutka/ Khaini in Company’s premises or coming to the Company’s
premises after consumption of the same or spitting is strictly prohibited.
26. Smoking: Smoking is strictly prohibited in all the premises of the Company. Coming to
Company’s premises during office hours with the smell of / after smoking is also
prohibited.
27. After office hours, employees should refrain themselves from indulging in any anti-
social activity with other employees of the organization.
28. Any other activity which is in contravention to the contents of the Appointment Letter,
Employment Terms & Conditions of Service for the Employees of AESL or any other
document issued by AESL from time to time.
29. Any failure to adhere to the Company norms or any act which may harm reputation
of Company in public during the social gatherings would lead to strict disciplinary
action as per the Company policy.
30. Abetment of or attempt at abetment of any of the above acts of misconduct.
31. Food: As per Company policy, all members are advised to have only vegetarian food
while in Company’s premises. Consumption of egg preparations in any form however,
is permitted. Consumption of meat preparation in any form is not permitted.
32. Not to leave the Company’s premises during office timings without obtaining due
permission. Necessary permission is required for short leave with regards to the late
arrival in morning or early departure in the evening, by one hour. Short Leave can be
availed to the maximum extent of 02 (Two) times in a calendar month.
ID card: Identity Card shows uniformity & strength amongst all the employees.
Identity card is a strong and undeniable proof that the employee works for the
Company with pride. Wearing Identity Card is mandatory while in office premises or
outside on any official assignment.
CIN No: U80300 KA2007PLC150057
Page 25 of 26
Acceptance
The Employee hereby represents and warrants to the Company that:
(i) I have been provided with a copy of this Employment Terms & Conditions of Service for review
prior to signing it;
(ii) I have reviewed the Employment Terms & Conditions of Service and that I understand the
terms, purposes and effects of this Employment Terms & Conditions of Service;
(iii) I have signed the Employment Terms & Conditions of Service only after having had the
opportunity to seek clarifications;
(iv) I have been given a signed copy of this Employment Terms & Conditions of Service for my own
records;
(v) I have not been subjected to duress or undue influence of any kind to execute this Employment
Terms & Conditions of Service and the same will not impose an undue hardship upon myself;
(vi) I have executed this Employment Terms & Conditions of Service out of my own free will and
without relying upon any statements made by the Company or any of its representatives,
agents or employees;
(vii) This Employment Terms & Conditions of Service is in all respects reasonable and necessary to
protect the legitimate business interests of the Company;
(viii) I have all requisite power and authority, and does not require the consent of any third party to
enter into this Employment Terms & Conditions of Service and grant the rights provided herein;
(ix) The execution, delivery, and performance of this Employment Terms & Conditions of
Service by me does not and will not conflict with, breach, violate or cause a default under any
agreement, contract or instrument to which I am a party or any judgement, order or decree to
which I am a subject;
(x) I am not a party to or bound by any employment agreement, consulting agreement, non-
compete agreements, confidentiality agreement or similar agreement with any other person;
(xi) The services performed by me and all items and/or materials furnished by me in connection
with or as a result of such services shall not infringe upon or violate the personal, civil or
property rights, or the rights of privacy of, or constitute a libel, slander or unfair competition
against or violate or infringe upon any common law right, copyright, trademark, trade name or
patent or any other right of any person or entity;
(xii) I will not execute any instrument or grant or transfer any rights, titles and interests inconsistent
with the terms and conditions of this Employment Terms & Conditions of Service; and
(xiii) I am legally permitted to be employed in India.
Signature of Employee : _______________________
Name (in Block Letters) : _______________________
CIN No: U80300 KA2007PLC150057
Page 26 of 26

2 ACAD Proposed Employment Terms & Conditions 29.09.2021

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EMPLOYMENT TERMS & CONDITIONS OF SERVICE (herein after referred as ETC)

(For Academic Employees)

Employee Code : ………………………………… Designation : ……………………………………

Aakash Educational Services Limited (hereinafter referred to as ‘AESL’ or ‘Company’) is associated

PROBATION & TRAINING

2.2 SINCERITY FUND:

4.2 Transfer policy:

You can terminate your services in the following circumstances:

8.3 EFFECT OF TERMINATION

8.4 OBLIGATION OF EMPLOYEE

9.7 Anti-Corruption Policy and Business Ethics:

9.8 Prevention and Prohibition of Sexual Harassment:

9.10 PVC Fused ID Cum-Attendance Card:

Signature of Employee : _______________________

Name (in Block Letters) : _______________________

B. ACTIVITIES WHICH MAY ATTRACT DISCIPLINARY ACTION

The Employee hereby represents and warrants to the Company that:

(xiii) I am legally permitted to be employed in India.

Signature of Employee : _______________________

Name (in Block Letters) : _______________________

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2 ACAD Proposed Employment Terms &amp; Conditions 29.09.2021

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2 ACAD Proposed Employment Terms &amp; Conditions 29.09.2021

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EMPLOYMENT TERMS & CONDITIONS OF SERVICE (herein after referred as ETC)

(For Academic Employees)

Employee Code : ………………………………… Designation : ……………………………………

Aakash Educational Services Limited (hereinafter referred to as ‘AESL’ or ‘Company’) is associated

PROBATION & TRAINING

2.2 SINCERITY FUND:

4.2 Transfer policy:

You can terminate your services in the following circumstances:

8.3 EFFECT OF TERMINATION

8.4 OBLIGATION OF EMPLOYEE

9.7 Anti-Corruption Policy and Business Ethics:

9.8 Prevention and Prohibition of Sexual Harassment:

9.10 PVC Fused ID Cum-Attendance Card:

Signature of Employee : _______________________

Name (in Block Letters) : _______________________

B. ACTIVITIES WHICH MAY ATTRACT DISCIPLINARY ACTION

The Employee hereby represents and warrants to the Company that:

(xiii) I am legally permitted to be employed in India.

Signature of Employee : _______________________

Name (in Block Letters) : _______________________

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2 ACAD Proposed Employment Terms & Conditions 29.09.2021

2 ACAD Proposed Employment Terms & Conditions 29.09.2021