This Temp to Hire Agreement is designed for use in the Indian jurisdiction where organizations seek to evaluate potential permanent employees through an initial temporary employment period. The document is particularly relevant in situations where companies want to assess candidate suitability before making a permanent hiring commitment. It complies with Indian labor laws, including the Contract Labour (Regulation and Abolition) Act, 1970, Industrial Employment (Standing Orders) Act, and various state-specific regulations. The agreement covers essential aspects such as employment terms, conversion criteria, compensation, benefits, and performance expectations during both temporary and permanent phases. It's structured to protect both employer and employee interests while ensuring a clear path to permanent employment upon successful completion of the temporary period.
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1. Parties: Identification of the employer company, the staffing agency (if applicable), and the employee
2. Background: Context of the agreement, including the purpose of temporary employment and intention for permanent hiring
3. Definitions: Key terms used throughout the agreement including Temporary Period, Conversion Date, Probation Period, etc.
4. Term of Temporary Employment: Duration of temporary employment, including start date and expected conversion timeline
5. Job Responsibilities: Details of the position, duties, and reporting relationships during temporary period
6. Compensation and Benefits: Temporary period salary, benefits, and payment terms
7. Working Hours and Location: Work schedule, location, and any flexibility arrangements
8. Conversion to Permanent Employment: Conditions and process for converting to permanent employment
9. Performance Evaluation: Assessment criteria and review process during temporary period
10. Confidentiality and Intellectual Property: Protection of company information and ownership of work product
11. Termination: Conditions under which either party may terminate the agreement
12. Governing Law: Applicable Indian laws and jurisdiction
13. Dispute Resolution: Process for resolving any disagreements
1. Non-Competition: Restrictions on working with competitors, used when employee will have access to sensitive information
2. Relocation Terms: Include when position requires relocation during either temporary or permanent phase
3. Training Requirements: Specific training programs or certifications required during temporary period
4. Remote Work Provisions: Include when role allows for remote working arrangements
5. Benefits During Transition: Special benefits or arrangements during the conversion period
6. Performance Bonus Structure: Include when offering performance-based incentives during temporary period
7. Client Project Assignment: Include for positions involving work on specific client projects
8. International Travel: Include when position requires international travel
1. Schedule A - Job Description: Detailed description of role, responsibilities, and qualifications
2. Schedule B - Compensation Structure: Detailed breakdown of salary components and benefits during temporary period
3. Schedule C - Conversion Terms: Detailed terms of permanent employment upon successful conversion
4. Schedule D - Performance Metrics: Specific KPIs and evaluation criteria for conversion eligibility
5. Schedule E - Company Policies: Relevant company policies applicable during temporary employment
6. Appendix 1 - Required Documents: List of documents required for temporary and permanent employment
7. Appendix 2 - Benefits Summary: Detailed description of benefits during temporary and permanent phases
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