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Jegan Ramasamy
I'm hiring experienced IT professionals for a project and catering our services to a govt client. Considering this is a govt project our team wants a minimum commitment of 18 months once the candidate joins as we have a replacement clause agreed with the customer. How can we get this tied up when we hire a candidate, is there a separate contract or we could bring that in the appointment letter itself, if so please give me a template for the same. Thanks.
From India, Mumbai
vmlakshminarayanan
947

Hi,

Even if you add any additional clause there will be separation clause in your Appointment wherein Employee reserves right to submit resignation any time during the contract period and to get relieve with proper notice period.

I would suggest you to go for indemnity bond option with security cheques. Make it clear in the Appointment letter and Indemnity Bond that Employee will be under an obligation of offering un-interrupted service to your Company will neither leave the company during this period nor will go on leave, longer than entitlement. Also you may indicate some compensation amount in case of breach of indemnity bond. But mostly experienced candidates would be reluctant to sign this Indemnity Bond with security cheques.

Alternatively you may introduce some Retention Bonus for those employees. Formulate some Retention Policy make those employees eligible for some fixed amount ( apart from agreed monthly salary) . The amount will get accrued on monthly basis and the amount will be paid to the employees on successful completion of 18 month only. Even this will work out.

From India, Madras
raghunath_bv
163

Hi Jegan,

When you want to establish a minimum commitment period with a candidate for a government project, it's important to have a clear and legally binding agreement in place. This can typically be included in the employment contract or appointment letter. Here's a template you can use as a starting point for this purpose:

[Your Company Name]
[Your Company Address]
[City, State, ZIP Code]
[Date]

[Employee Name]
[Employee Address]
[City, State, ZIP Code]

Dear [Employee Name],

Re: Appointment as [Job Title]

We are pleased to offer you the position of [Job Title] at [Your Company Name], effective from [Start Date]. This offer is contingent upon successful completion of all necessary background checks, reference checks, and any other required screening processes.

As part of this appointment, we would like to bring to your attention certain terms and conditions, including a minimum commitment period of 18 months from your joining date. This commitment period is essential due to the specific nature of the project being undertaken for our government client.

During this 18-month period, both parties agree to make all reasonable efforts to ensure the successful completion of the project. In the event that you wish to terminate your employment before the end of this commitment period, you agree to provide [Company Name] with [Notice Period, e.g., 30 days'] notice in writing.

Please be aware that there is a replacement clause agreed upon with the customer, and any premature termination may result in additional costs incurred by [Company Name], which may be recovered from the departing employee.

This offer of employment is also subject to the terms and conditions outlined in the attached Employee Handbook and any other policies and procedures that may be introduced by [Company Name] from time to time.

If you accept this offer, please sign and return a copy of this letter by [Deadline, e.g., within 7 days] to confirm your acceptance of the terms and conditions.

We are excited about the opportunity to work together on this important project and look forward to your contributions.

Please do not hesitate to reach out to me should you have any questions or require further clarification.

Sincerely,

[Your Name]
[Your Title]
[Your Contact Information]

Thanks,

From India, Bangalore
Jegan Ramasamy
Thanks for your valuable guidance Dr Raghunath & Mr Lakshmi Narayanan
From India, Mumbai
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