Offer Letter Air Asia

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Job Offer Accepted

AIX Connect Private Limited


Formerly known as AirAsia (India) Private Limited)
CIN: U62200KA2013PTC086204

19-May-2023

Gajiwala Khushbu Nileshkumar


C-3/3 LIC Staff Quatters, Nanpura, Timliawaad, Surat, Gujarat, 395002, Surat, Gujarat, INDIA

Dear Gajiwala Khushbu Nileshkumar,

OFFER/ APPOINTMENT LETTER

We, AirAsia (India) Limited ("AirAsia", or the "Company"), are pleased to offer you ("the Employee")
employment subject to the terms and conditions contained in this Offer of Employment, Employee
Handbook, Company's Operations Manuals, and any other rules, terms and conditions that AirAsia in
future make and/or implement in respect of its business and operations.

1. Position/Designation, Department and Place of Posting:


You have been offered and appointed for the position of Security Agent in our Security Department.
Initially, you will be posted in Surat.

2. Compensation:
Your compensation has been detailed in Annexure I. Annexure I shall form an integral part of this
Offer of Employment.

3. Probation and Term of Employment:


Your employment with the Company shall commence on the date stated in the Letter. Unless
terminated earlier in accordance with the provisions contained in clause 17 herein, your employment
with the Company shall continue until your 58th birthday. Where there is no official documentation
detailing actual birthdate, your employment shall cease on the 31st December of the year the Employee
turns 58. However, the Company reserves the right to extend your employment subject to mutual
agreement with you, however always subject to any regulatory requirements that may be in force at
that time.

The first 6 months of service shall be considered as probationary employment. Should the Employee
not complete the probationary period successfully, your employment is liable to be terminated. The
Employee shall be considered confirmed officially once the same is informed in writing.

It is understood and agreed that the Employee shall continue to render the services for which he/she is
engaged by the Company so long as the services rendered by the Employee are satisfactory to the
Company.

4. Working Schedules:
The Employee's working schedules shall be as advised by the Company, and may change from time
to time to accommodate business and operational requirements.

5. Training Agreement (applicable to select roles):


On accepting this offer, the Employee hereby accepts that he/she may be required to undergo such
training as may be required by the Company and shall enter into formal Training Agreement with
Airasia. The company shall bare all the expenses towards the training of the employees during the term
of Employment. However, in the event Employee terminates this Agreement and the Training
agreement anytime between the date of joining the company upto the Mandatory Employment Period
or in breach of any terms in accordance with the training agreement, the Employee shall be bound to
make payments towards the fee and expenses incurred by the company for the said period.
Details of the period of probation & training fee and expenses as applicable to you are set out in
Annexure I.

6. Taxes:
The Employee shall be responsible to declare and pay all applicable taxes and other statutory duties
arising out of his employment with the Company. The Company shall make any mandatory deductions
from the Employee's income as required by law.

7. Provident Fund:
The provident fund extended to the Employee shall be according to applicable India laws.

8. Medical Benefits:
The Employee shall be covered under the Group Medical Insurance coverage of the Company, based
on its terms and conditions, which may change from time to time at the sole discretion of the
Company.

9. Medical Examination & Consent:


This offer of employment is subject to the Employee successfully passing any medical examinations
as prescribed by the Company. However, should the Employee start employment before the
completion of such an examination, then he/she is required to pass the examination before the end of
the probation period, failure of which shall be construed as a cause to not confirm the Employee in
employment. The Employee may be required to undergo medical examinations and tests, including
mental fitness examination, during his employment with the Company, as may be requested by the
Company from time to time. The Employee shall also be subject to any regulatory or governmental
policy or regulation on medical examination in the course of his employment as a pilot, crew member
or otherwise with the Company.

Consent is hereby given by the Employee to the Company to call for any medical information / report
of the Employee at any time during his employment from the medical practitioner treating him/her for
any illness, disease or injury.

10. Background Checks:


This offer of employment is subject to the Employee successfully passing any background checks as
prescribed by the Company. However should the Employee start employment before the completion of
such checks, he/she is required to pass the checks before the end of the probation period, failure of
which shall be construed as a cause not to confirm the employee in employment. The Employee may
be required to undergo additional background checks during his/her employment with the Company, as
may be requested by the Company from time to time. Should the result of the backgrounds checks
carried out at any point show an unacceptable result, then that shall become the basis for immediate
termination of the Employee's service without any notice or compensation.
11. Documents:
The Employee shall, during his/her employment with the Company, hold license/licenses duly issued
in his name as prescribed by the Company and/or Regulators and/or any Government policy.

This offer of employment is subject to the Company receiving original/duly certified academic and
employment certificates wherever applicable. In case a No Objection Certificate (NOC) is not
produced from the previous Employer, the Company may require certified copies of such certificates
for its keeping. The Employee shall also provide to the Company for its records and keeping, self-
attested copies of documents listed in Annexure II at the time of accepting this offer.

12. Employee Covenants:


The Employee hereby agrees, represents and covenants with the Company that during his/her
employment with the Company:

(a) He/she shall maintain the highest standard of work ethic, character and conduct;
(b) He/she shall not, during the time he/she is performing his/her service, consume any alcoholic
beverage nor intake any intoxicant or any other narcotic or other similar substance;
(c) He/she shall not solicit or aid any third party in soliciting the employment of any other employee
of the Company, or interfere with or endeavour to interfere with the terms of employment of any
other employee in employment (whether full or part-time) of the Company, without written consent
from the Company during his employment with the Company;
(d) He/she shall not take up employment with, or engage or participate in any discussion or
negotiation with (either directly or indirectly or through an employment agency), any third person
or party engaged in the business of operating passenger airlines or in providing training or otherwise
associated with the business of operating passenger airlines, in India or abroad;
(e) He/she shall not (either directly or indirectly or through any agency) solicit or entice away or
endeavour to solicit or entice away any vendor / service provider or customer of the Company or
interfere with or endeavour to interfere with any contract, arrangement, understanding or agreement,
or renewal of any of them, entered into by the Company with such vendors / services providers
and/or customers;
(f) He/she shall at all times during his employment with the Company, strictly adhere to and obey
and abide by all applicable rules and regulations and the code of conduct of the Company;
(g) Unless authorized by the Company, the Employee shall not enter into any contract or agreement
on behalf of the Company;
(h) The Employee shall devote the whole of his energies, time and effort during business hours to
the business of the Company and in all matters, act loyally and faithfully to the Company;
(i) He/she has no conflicting agreement of employment, confidentiality, non-disclosure, non-
competition or otherwise with any third party or person;
(j) He/she is duly qualified and is competent to enter into employment with the Company;

The Company and the Employee agree the restrictions set forth in this section are reasonable and
necessary to protect the legitimate business interests of the Company, including protecting the
Confidential Information as set forth in the clauses within this document.

13. Code of Conduct:


The Employee agrees to abide by the Company's Code of Conduct and other applicable policies
regarding Conflict of Interest, Intellectual Property Rights, Confidentiality and other applicable
policies regulating the conduct and ethics of the Employee's employment with the Company. The Code
of Conduct and other applicable policies are laid out in the Company's Handbook and may change
from time to time at the discretion of the Company.

14. Transfer:
AirAsia reserves the right to transfer or reassign the Employee from one position to another and/or
from one department or subsidiary or group company of AirAsia to another and/or transfer/relocate the
Employee to any place where AirAsia has operations or business dealings.

15. Claims and Reimbursements:


The Employee may make claims for reimbursement for reasonable business expenses according to
the Company's policies and regulations.

16. Confidentiality:
The Employee irrevocably agrees not to use or disclose, except to the extent of his duties may
require, any of the terms of this offer letter or Company's confidential information (whether or not
conceived, originated discovered, or developed by the Employee) unless the Company consents in
writing. Upon acceptance of employment, the Employee will also be required to sign a Non-Disclosure
and Non-Compete Agreement ("NDA") with AirAsia. Such NDA shall form an integral part of the
Employee's terms of employment contract. The Employee undertakes and agrees not to make any
copies and/or reproduce or replicate any confidential information without the prior written approval of
the Company; nor directly and/or indirectly distribute or communicate confidential information to any
third party. The Employee understands that this obligation shall remain binding and effective even
after the expiry or termination of his employment with the Company.

The Employee shall not, without the prior written authority of the Company, make any announcement
or make / give any statement or express any opinion or point of view, in or to the press, news channels,
newspapers, news reporters, social media, webpages (including Facebook and Twitter), media at large
or to any third party/person (whether directly or indirectly, formally or informally) regarding any
information (including but not limited to confidential information) in respect of the Company, its
affiliates, its shareholders or the Employee's employment with the Company.

The Employee agrees to deliver to the Company, and not keep or deliver to any other person or entity,
on the date his employment ends, or at any other time at the Company's request, all documents,
Company assets and any other items in his possession pertaining to the business of the Company,
including but not limited to, confidential information and Company assets. If any Company-assigned
assets, document or other items pertaining to the business of the Company or originating with the
Company come into the Employee's possession after his employment ends, he/she will promptly
deliver them to the Company.

17. Termination:
(a)Either Party may terminate this agreement of employment by giving to the other Party a notice in
writing in this regard. Please refer to Annexure I for the applicable notice period.

(b)The Company also reserves the right to terminate the employment of the Employee at any time after
his employment confirmation, with immediate effect or at shorter notice, by paying to the
Employee salary (as applicable at that particular point in time) in lieu of notice.

(c)Notwithstanding anything to the contrary contained in this letter of offer, the Company shall have the
right to terminate the employment of the Employee, with immediate effect and without any
compensation, if, in the opinion of the Company, the Employee is guilty of, inter alia, any of the
following;
a) misconduct or incidents/acts against any applicable laws of India;
b) breach of any of his duties, representations and covenants;
c) fraud, gross misconduct, gross incompetence or neglect of duty or inattention or negligence
in his services towards the Company;
d) breach of applicable safety standards required to be maintained;
e) not following the prescribed standard operating procedure;
f) not following the prescribed Code of Conduct of the Company;
g) for any incident of workplace harassment;
h) or remaining absent for more than 3 consecutive days without leave from the Company and
without assigning satisfactory reasons;
i) loss or suspension of Commercial Pilot's License for any reason whatsoever;
j) being convicted of any offence by any competent court;
k) dereliction of duty or insubordination;
l) any act whether in the course of his duties or otherwise which is likely to bring him and/or
the Company into disrepute or prejudices the interests of the Company in any manner
whatsoever;
m) continuing unsatisfactory conduct or poor performance of his duties, after having received
notice from the Company relating to the same;
n) any other act or omission inconsistent with his duties or in breach of this Agreement as, in
the opinion of the Company, renders his termination desirable.
o) if there is a negative observation in the background verification report or the Employee has
failed to provide all the documents and information necessary to complete the background
verification report despite reasonable notice from the Company to submit the documents or
provide the information.

18. Overriding effect of Employee Handbook, Code or Conduct and Policies / Procedures /
Guidelines / Manuals:
The terms contained herein do not, in any manner, modify or supersede the Company Policies /
Procedures / Guidelines / Manuals /Employee Handbook, which are deemed to have been incorporated
herein by reference. This document shall always be read conjunctively with all of the above.

In the circumstances where any condition contained herein conflicts with the terms and conditions set
out in the Employee Handbook and its respective Annexures, the Handbook and its Annexures shall
prevail. The Employee Handbook and all applicable Policies/Procedures/Guidelines/Manuals will be
provided on joining the Company.

19. Governing Laws and Jurisdiction:


This letter shall be governed by Indian laws, and courts in Bengaluru shall have the exclusive
jurisdiction over any disputes relating to this letter.

20. Severability:
If any provisions of this document shall for any reason be adjudged by any Court of competent
jurisdiction to be invalid or unenforceable, such judgment shall not effect, impair, or invalidate the
remainder of this document, but shall be confined to its operations to the provisions of this document
directly involved in the controversy in which such judgment shall have been rendered.

21. Indemnification:
The Employee indemnifies and agrees to keep indemnified saves, defended and holds harmless the
Company from and against any and all losses, claims, demands, notices of claims issued by any
person, actions, causes of actions, suits, litigation, damages, costs and expenses including reasonable
fees and disbursements in connection therewith and interest and penalty chargeable thereon including
all costs incurred in pursuing any of the foregoing and any proceeding in relation to the foregoing
promptly upon demand at any time and from time to time, to the fullest extent permitted by law, from
and against any and all claims arising by virtue of;
(a) Any misrepresentation or breach of any of the representations or warranties herein contained by
the Employee; or
(b) Any breach of or default of any covenants or obligations herein by the Employee; or
(c) Any breach of undertaking, confirmation, covenant or agreement agreed to be performed by the
Employee or in any certificate, instrument or document delivered pursuant hereto.

22. Remedies:
The Employee agrees, acknowledges and confirms that any actions by him in breach of the clauses in
this document could cause immediate and irreparable injury to the Company. It is expressly agreed by
the Employee that the Company may affirmatively exercise its rights to file an action in any court of
competent jurisdiction to remedy any breach of the restrictions of the above clauses. Remedies for
damages shall include, but not be limited to, temporary restraining order without prior notice; a
preliminary injunction prior to trial, a permanent injunction for full relief, monetary damages,
liquidated damages, attorney's fees and other costs related to the said actions. Such relief shall not be
the exclusive remedy for any breach herein, and will be in addition to all other remedies as may be
available to the Company in law or equity.

23. Notice:
Notices, demands of other communication required or permitted to be given or made under this letter
shall be in writing and delivered personally or sent by registered post with recorded delivery addressed
to the Company at its corporate office address or to the Employee at his address as available in the
Company's records, or to such other address as either Party may from time to time duly notify each
other. Any such notice, demand or communication shall, unless the contrary is proved, be deemed to
have been duly served at the time of delivery in the case of personal service and after three (3)
business days in the case of post, where evidence of post is established.

24. Amendments:
No modification or amendment to this document and no waiver of any of the terms or conditions
hereof shall be valid or binding unless made in writing and duly executed by the Parties.

25. Other Terms:


The terms and conditions of employment contained herein are not exhaustive but highlight the salient
ones only. Other terms and conditions of employment are incorporated in the Employee's Handbook
and its annexures as applicable to the Employee's position. The Company reserves the right to add or
alter or vary the terms and conditions of employment as and when the need arises at any time and from
time to time.

26. Interpretation
Unless the context of this offer letter otherwise requires:
(a) the headings are for ease of reference only and shall not be taken into account in construing this
Agreement;
(b) references to any gender shall include the others;
(c) words in the singular include the plural and vice versa;
law includes all applicable, legislation, any common or customary law, enactment, constitution,
decree, (d) judgment, order, ordinance, treaty or other legislative measure in any jurisdiction and any
present or future directive, request, requirement or guideline (in each case, whether or not having the
force of law but, if not having the force of law, compliance with which is in accordance with the
general practice of Persons to whom the directive, request, requirement or guideline is addressed);
(e) the terms "offer letter", "offer of employment", "this letter of offer", "this document", "offer",
"agreement of employment" refer to this Offer of Employment in its entirety together with all the
annexures and appendices annexed / attached hereto;
(f) the terms "hereof", "herein", "hereby", "hereto" and derivatives or similar words refer to this entire
Offer of Employment or specified clauses herein, as the case may be;
(g) reference to the word "include" shall be construed without limitation;
(h) AirAsia and the Employee are collectively referred to as "Parties" and individually as "Party" in
this offer of employment.

27. Lapse of Offer:


Please sign and return the attached Acceptance of Offer in confirmation of your understanding and
acceptance of the above terms and conditions within two (2) days from the date hereof, failing which
this offer shall lapse. Upon receipt of your duly signed Acceptance of Offer and upon joining, the
Company will issue to you an Appointment Letter.

Please report to the People & Culture Department on a date set out in Annexure I.

Should the Employee fail to report for duty on the above date, it shall be deemed that he has declined
the Offer of Employment and that this document shall thereby be considered withdrawn and null and
void and shall have no legal force or effect thereafter.

For and on behalf of AirAsia (India) Limited


Anjali Chatterjee
Head People & Culture
AirAsia India

Annexure-1
Name Gajiwala Khushbu Nileshkumar
DOJ 30-May-2023
Per Month
Components Per Annum (INR)
(INR)
Fixed Components
Basic Salary (A) 9,000 1,08,000
House Rent Allowance (50% of Basic): (B) 4,500 54,000
Other Allowances* (C)
Special Allowance 0.08 1
Gross Pay(A+B+C) 13,500.08 1,62,001
Retirals**
Company Contribution to PF -12% of Basic Salary 1,080 12,960
Skip to main content.
Gratuity - 4.81% of Basic Salary 432.92 5,195
Total Fixed Compensation(D)*** 15,013 1,80,156
Variable Component
Variable Pay (E) 13,500
Total CTC (INR)
Total CTC (D + E) 15,013 1,93,656
During Probation 1 Month
Notice Period
After Confirmation 3 Months

The above terms may change when there is a change in your position or title, at the discretion of the
Company.
* Allowances would be paid as per company policy.
** Retirals are as per the prevalent rules in India.
*** Net Pay would be subject to Tax and Mandatory deductions.
Variable pay would be paid on individual & company performance.

For and on behalf of AirAsia (India) Limited

Anjali Chatterjee
Head People & Culture
AirAsia India
ACCEPTANCE OF OFFER/APPOINTMENT

I hereby unconditionally accept and agree to the terms and conditions contained in AirAsia (India)
Limited's letter of appointment dated 30-May-2023. I agree and understand that my employment will be
subject to all terms and conditions of employment as are now applicable and that AirAsia (India)
Limited shall have the right to modify such terms and conditions at any time and from time to time as
AirAsia (India) Limited deems fit and I shall be bound by any such revised terms and conditions.

I agree that my salary shall be banked in to the bank account details provided by me to the Company.
I confirm that I have read and understood all the terms and conditions contained in this Offer of
Employment.

I hereby declare that I have not been convicted of a criminal offence or been declared bankrupt in any
country. I understand that if any particulars that I have provided are established as untrue or misleading,
I am liable to be summarily dismissed and my employment with the Company terminated.

Gajiwala Khushbu Nileshkumar


........................
Employee E-Signature

2023-05-20T12:54:14.168+00:00
....................
E-Sign Date

Name: Gajiwala Khushbu Nileshkumar

IP Address: 172.225.137.232

Registered Office Corporate


Office
Ground Floor, Alpha 3 4th Floor, RMZ Galleria
Offices
Kempegowda International Airport Yelahanka, Bengaluru -
560064
Devanahalli, Bengaluru – 560300 Karnataka, India.
Karnataka, India. Phone: +91(0) 80
46676700
1

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