Employment Contract

Employment Contract

1. This Contract is entered between India Home Health Care Pvt. Ltd. (hereafter IHHC) and the Care Giver by Name __________________ (hereafter Care Giver), living in ________________________,  on this day ____________. The contract states that the Care Giver will provide the health care services at the patient’s home as instructed by IHHC.

1. IHHC agrees to pay the Care Giver a gross basic monetary remuneration of Rs. _________/- (Rupees ________________ only) per year as total cost to the company as shown in Annexure-A. Income tax and other statutory deductions like PF, ESI and Professional Tax will be made as per the Rules and Regulations of the Income Tax Act and other Acts.

1. The Care Giver will provide all necessary documents, which are required by IHHC to verify their education, personal background and registration. Such information shall also be shared by IHHC with any government or police authorities if required.

Working hours, probation period and benefits

1. The Care Giver will be on probation for a period of three months from the first of the calendar month following the date of joining, after which he/she will be confirmed of employment if the work is found satisfactory. The probation period can be extended if found necessary. He / she shall continue to be on probation, till the services are confirmed in writing by a letter of confirmation. No reasons are required to be recorded by IHHC for non-confirmation or extension of Probation period.

1. The Care Giver will start attending the patient’s home as requested by IHHC. The working hours can be during the day or during the night. The care Giver will work on any 6 days a week as requested by IHHC. The Care Giver may be asked to be on duty any time, day or night, depending on the patient’s demand and requirement. The Care Giver shall be given leave and other such benefits consistent with the laws of Tamil Nadu as detailed in IHHC rules and regulation document.

1. After the six (6) month the Care Giver will be eligible for festival bonus, as described in the rules and regulation document of IHHC.

1. The Care Giver will have to give one (1) month notice before leaving service. IHHC will give one month notice before terminating the contract with the Care Provider. During probation period the notice period is 3 working days only for both sides.

1. IHHC can terminate the Care Giver’s contract at short notice of 3 days in case he / she is found guilty of an offence, including but not restricted to negligence, theft, failure to maintain confidentiality (refer Confidentiality Agreement) or poaching clients.

1. In case of complaints against the Care Giver, of stealing or misconduct or negligence, IHHC will arrange for a thorough investigation to find out the truth of the incident. On receipt of complaint of such nature, the Care Giver shall be questioned and maybe terminated from the services with immediate effect at the the discretion of IHHC. This may furthermore result in initiation of legal proceedings by IHHC. Where IHHC is made to suffer any loss on account of the conduct of the Care Giver, IHHC reserves the right to get such loss recovered /indemnified by the Care Giver.

1. The Care Giver has to sign the Confidentiality Agreement of IHHC.

Policies

1. The Care Giver will always wear their IHHC uniform (neat and tidy) and their ID card while on duty. If he / she is found not wearing those, a fine as defined in the rules and regulations of IHHC will be issued.

1. The Care Giver has to strictly adhere to the Do's and Don'ts guidelines and policies provided by IHHC.

1. The Care Giver will carry out the tasks as assigned by the Management of IHHC without demur.

1. The Care Giver will not accept any tip offered by the patient or their relatives for the services rendered.

1. High standards of hygiene and cleanliness is to be ensured and infection control methods to be strictly practiced by the Care Giver at all times.

1. In the event of any intentional abuse suffered by the Care Giver occasioned by the Patient or his/her relative, the Care Giver shall immediately inform the same to IHHC who shall ensure that such abuse is terminated and appropriate action is taken against such Party.

1. Payment for the service provided must not be collected by the Care Giver.

1. The Care Giver should maintain a record book, noting down all the activities and tasks carried out towards rendering healthcare services to the patient. The same maybe subject to scrutiny at any time. Non- maintenance of the same shall be frowned upon and maybe detrimental to the employment.

1. If the safety measures that have been provided for the Care Giver at the patient’s home are not adequate he / she must report the matter immediately to IHHC office.

1. The Care Giver will be held accountable for their service provided to the patient including their well being and appropriate timely actions being taken.

1. The Care Giver hereby expressly commits not to assist the Patient in writing cheques or drawing up any testamentary document unless instructed to do so by IHHC.

1. The Care Giver commits not to approach any patient of IHHC and/or provide service to them under their own name and contract during the course of employment and for a period of one year therefrom, even if IHHC has finalised the service for the patient and/ or the Care Giver has resigned from IHHC. In case of breach legal prosecution will be enforced as defined in the rules and regulations of IHHC.

1. Following the termination of the employment of the Care Giver by the IHHC or the voluntary resignation by the Care Giver from the Employment, the Care Giver shall, for a period of one year following the said termination or voluntary resignation, within the city limits of Chennai refrain from either directly or indirectly soliciting or attempting to solicit the business of any client or customer of IHHC for his own benefit or that of any third person or organization. Further the Care-giver shall not directly or indirectly divulge any financial information, client data base relating to IHHC or any of its affiliates to any person whatsoever

1. The Care Giver must get the written consent of IHHC to take on any additional jobs, even if they are outside the general working hours. A breach of this policy will result in an immediate termination of the contract.

General

1.  This agreement may be assigned by IHHC to any successor employer and be binding upon the successor employer. This agreement may not be assigned by the Care Giver.  

1. Each paragraph of this agreement shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this agreement.  

1. Any dispute relating to this agreement shall be decided by arbitration in Tamil Nadu. The arbitrators shall be nominated by each of the parties mutually agreeing on a single person. In the event both the parties are unable to agree on a single person, then both the parties shall nominate individual arbitrators and these two arbitrators shall decide on a mutual umpire.

1. This Agreement shall in all respects be construed in accordance with and governed by the laws of the State of Maharashtra

Bangalore                                                                                        

Place, Date        Name & Signature of the Care Giver

Bangalore                                                                                

Place, Date        Name & Signature of the authorised person of IHHC

...