Employement Aggrement

Scope of Employment

The Employee’s designation, reporting structure, place of work, employment type, compensation, joining date, and other employment-specific particulars shall be as specified in the Appointment Letter issued by the Company.

The Appointment Letter forms an integral part of this Agreement and shall be read together with this Agreement, the Employee Handbook, and all Company Policies issued from time to time.

The Employee agrees to devote their full professional time, attention, skill, and ability to the duties assigned by the Company during working hours and to perform such duties with honesty, diligence, professionalism, and reasonable care.

The Company may assign, modify, expand, or reallocate the Employee’s responsibilities, reporting relationships, projects, or work assignments based on operational requirements, business priorities, client commitments, organisational restructuring, or the Employee’s professional development, provided such changes remain reasonably connected to the Employee’s employment.

Nothing in this Agreement shall be interpreted as creating a guarantee of continued employment, and the employment relationship shall remain subject to the terms governing resignation, termination, and applicable law.

Duties & Responsibilities

The Employee shall faithfully, diligently, and efficiently perform the duties and responsibilities assigned to them by the Company from time to time. In addition to the responsibilities specific to the Employee’s designation, the Employee agrees to undertake the following general obligations throughout their employment:

1.1. Professional Responsibilities

  • Perform all assigned duties with honesty, integrity, professionalism, and due care.
  • Carry out responsibilities to the best of their ability while maintaining the quality standards established by the Company.
  • Demonstrate ownership, accountability, and commitment towards assigned work and deliverables.
  • Exercise sound judgment and act in the best interests of the Company at all times.

1.2. Performance & Quality

  • Complete assigned tasks within agreed timelines while maintaining high standards of quality and accuracy.
  • Continuously strive to improve the quality, efficiency, and effectiveness of their work.
  • Actively participate in reviews, revisions, quality assurance processes, and continuous improvement initiatives.
  • Accept constructive feedback positively and implement necessary improvements.

1.3. Compliance with Company Policies

  • Read, understand, and comply with the Company’s Employment Agreement, Not On Sunday Handbook, Standard Operating Procedures (SOPs), and all policies issued by the Company from time to time.
  • Follow all lawful instructions issued by the Company’s management and authorised representatives.
  • Comply with all applicable laws, regulations, and professional standards relevant to their work.

1.4. Collaboration & Communication

  • Maintain respectful, professional, and effective communication with colleagues, management, clients, vendors, and other stakeholders.
  • Work collaboratively across departments to ensure smooth execution of projects and organisational objectives.
  • Share relevant information promptly and accurately to facilitate effective decision-making and project execution.
  • Escalate concerns, risks, delays, or challenges to the appropriate reporting authority in a timely manner.

1.5. Confidentiality & Data Security

  • Protect all confidential information belonging to the Company and its clients.
  • Handle company and client data responsibly and in accordance with internal security policies.
  • Exercise reasonable care in safeguarding digital assets, credentials, documentation, and sensitive information.

1.6. Company Resources

  • Use Company property, equipment, software, subscriptions, and other resources responsibly and solely for authorised business purposes.
  • Take reasonable care to prevent loss, misuse, unauthorised access, or damage to Company assets.
  • Promptly report any loss, damage, malfunction, or security incident involving Company property.

1.7. Attendance & Workplace Conduct

  • Maintain regular attendance and punctuality in accordance with Company policies.
  • Conduct themselves in a professional, respectful, and ethical manner at all times.
  • Contribute towards maintaining a positive, inclusive, and collaborative workplace environment.
  • Refrain from any behaviour that may adversely affect the Company’s reputation, employees, clients, or business interests.

1.8. Learning & Development

  • Continuously enhance professional knowledge and skills relevant to the Employee’s role.
  • Stay informed about developments, technologies, tools, and industry best practices applicable to their area of work.
  • Participate in training sessions, workshops, internal knowledge-sharing initiatives, and performance development programmes organised by the Company.

1.9. Additional Responsibilities

  • Perform such additional duties, assignments, or responsibilities as may reasonably be assigned by the Company in accordance with business requirements.
  • Cooperate during periods of increased workload, organisational changes, special projects, or cross-functional initiatives.
  • Adapt to changes in processes, systems, technologies, reporting structures, or operational requirements introduced by the Company from time to time.

1.10. Representation of the Company

  • Conduct themselves in a manner that upholds the values, professionalism, and reputation of Not On Sunday Studio LLP.
  • Represent the Company responsibly during interactions with clients, partners, vendors, industry professionals, and members of the public.
  • Avoid any act, omission, or conduct that may damage the Company’s reputation or business relationships.

1.11. Creative Ownership & Documentation

  • Maintain proper documentation of assigned work, including project files, source files, revisions, and communications, in accordance with Company standards.
  • Ensure that all work created during employment is organised, accessible, and handed over appropriately when required.
  • Follow the Company’s prescribed workflows, file management standards, version control practices, and project management systems to ensure continuity and collaboration across teams.

Compensation

The Employee shall receive the compensation specified in the Appointment Letter or any subsequent salary revision letter issued by the Company.

The Company may review the Employee’s compensation periodically based on factors including individual performance, role and responsibilities, business performance, market conditions, and internal compensation policies. Any revision to compensation shall be effective only upon written communication from the Company. Any incentives, bonuses, commissions, reimbursements, allowances, or other variable compensation shall be entirely discretionary unless expressly communicated in writing by the Company. The Employee agrees to maintain the confidentiality of their salary, compensation structure, and other financial benefits and shall not disclose such information to unauthorised persons except where required by law.

Salary is processed and disbursed in accordance with the Company’s payroll schedule. Requests for salary advances, loans against salary, or early salary disbursement are generally not entertained unless expressly approved by the Management under exceptional circumstances.

Salary is calculated based on 22 working days in a standard monthly payroll cycle. Any unpaid leave or unauthorised absence will result in a proportionate deduction on a per-day basis, Half-day leave and instances of late reporting that are treated as a half-day in accordance with the Company’s attendance policy shall result in a proportionate deduction equivalent to one-half of the applicable per-day salary calculation, and the final payable salary shall be calculated accordingly.

Confidential Information

The Employee acknowledges that, during the course of employment, they will have access to Confidential Information belonging to the Company and its clients. Such information is valuable, proprietary, and essential to the Company’s business operations.

Confidential Information includes, but is not limited to:

  • Client identities, contact details, business information, and commercial arrangements.
  • Brand strategies, marketing plans, campaign ideas, creative concepts, and business proposals.
  • Website designs, UI/UX files, source code, databases, repositories, APIs, hosting details, and technical documentation.
  • Designs, photographs, videos, illustrations, presentations, written content, and all creative deliverables.
  • Financial information, quotations, pricing structures, budgets, invoices, and commercial terms.
  • Company SOPs, internal documentation, workflows, templates, operational processes, and training materials.
  • Login credentials, passwords, software licences, cloud storage, and access to digital platforms.
  • Vendor information, supplier agreements, and procurement details.
  • Any information marked confidential or reasonably understood to be confidential.

The Employee shall:

  • Use Confidential Information solely for legitimate Company purposes.
  • Protect Confidential Information from unauthorised access, disclosure, or misuse.
  • Not copy, distribute, reproduce, retain, or remove Confidential Information except as required for authorised work.
  • Immediately notify the Company of any actual or suspected unauthorised disclosure or security breach.

The obligations contained in this clause shall survive the termination of employment and remain binding until such information lawfully enters the public domain through no fault of the Employee.

Intellectual Property

The Employee acknowledges that all Intellectual Property created, developed, conceived, authored, designed, programmed, photographed, filmed, written, or otherwise produced during the course of employment shall belong exclusively to the Company.

This includes, without limitation:

  • Logos and visual identities.
  • Brand strategies and brand guidelines.
  • Websites and web applications.
  • UI/UX designs and design systems.
  • Source code and software.
  • Graphic designs and illustrations.
  • Motion graphics and animations.
  • Videos and photography.
  • Social media content.
  • Marketing campaigns.
  • Presentations.
  • Templates.
  • Documentation.
  • Processes and methodologies.
  • Research and concepts.
  • AI-assisted work created as part of Company assignments.
  • Any other work product created during employment.

The Employee agrees that all such Intellectual Property shall automatically vest in the Company upon creation to the fullest extent permitted by law.

Where required, the Employee shall execute any documents reasonably requested by the Company to confirm, register, transfer, or protect such ownership.

Copyright Ownership

The Employee acknowledges that all copyright and related rights in any Work Product created during employment shall belong exclusively to Not On Sunday Studio LLP.

The Employee shall not claim ownership, licensing rights, royalties, or any continuing interest in such Work Product unless specifically agreed in writing by the Company.

The Employee shall not, without the Company’s prior written consent, display, publish, distribute, upload, showcase, or otherwise use any Company or client work, whether completed or in progress, on personal or professional websites, portfolios, social media platforms, listing platforms, design communities, award submissions, AI training datasets, or any other public or private medium. All rights to determine if, when, and how such work may be published or attributed shall remain solely with the Company.

The Employee shall not reproduce, publish, distribute, license, sell, modify, or commercially exploit Company Work Product without prior written authorisation.

Nothing in this Agreement prevents the Company from modifying, adapting, licensing, selling, or otherwise using any Work Product as it deems appropriate.

Client Ownership

The Employee acknowledges that all clients, prospective clients, leads, enquiries, contacts, databases, proposals, and business relationships developed or maintained by the Company are the exclusive property of the Company.

Accordingly, the Employee shall not:

  • Represent Company clients in a personal capacity without written approval.
  • Use Company client information for personal or third-party benefit.
  • Retain copies of client databases or contact information after employment.
  • Divert business opportunities intended for the Company.

Any goodwill established with clients during employment shall remain the property of the Company

Non-Solicitation

During employment and for a period of twelve (12) months following separation from the Company, the Employee shall not, directly or indirectly:

  • Solicit or attempt to solicit any client of the Company for competing services.
  • Encourage Company employees, interns, freelancers, consultants, or contractors to terminate or reduce their engagement with the Company.
  • Influence any vendor, supplier, or business partner to discontinue or reduce its relationship with the Company.
  • Assist another person or organisation in undertaking any of the above activities.

This clause is intended solely to protect the Company’s legitimate business interests and shall be interpreted accordingly.

Non-Competition

During the term of employment, the Employee shall devote their professional efforts to the Company and shall not, without prior written approval:

  • Engage in any competing business.
  • Accept employment with a direct competitor.
  • Provide consulting services to a competing organisation.
  • Operate a business that competes with the Company’s services.
  • Participate in activities that materially interfere with the Employee’s responsibilities to the Company.

Nothing contained in this clause shall prevent the Employee from pursuing lawful employment after separation from the Company, subject to the continuing obligations relating to confidentiality, intellectual property, and non-solicitation.

Freelancing & External Engagements

The Company recognises that Employees may have personal interests and professional aspirations outside of their employment. However, the Employee’s primary professional commitment during working hours shall remain with the Company.

Accordingly, the Employee shall not, without obtaining prior written approval from the Company:

  • Undertake freelance assignments, consulting work, or paid professional services.
  • Accept projects that compete directly or indirectly with the Company’s business.
  • Provide services to existing or prospective clients of the Company in a personal capacity.
  • Operate or actively participate in any business that creates a conflict with the Employee’s responsibilities to the Company.
  • Use Company resources, software, equipment, subscriptions, or confidential information for any external work.

Where written approval is granted, such approval may be withdrawn by the Company if the external engagement is found to affect the Employee’s performance, availability, confidentiality obligations, or the Company’s legitimate business interests.

Nothing in this clause restricts the Employee from pursuing personal hobbies, educational activities, volunteering, or non-commercial creative work that does not interfere with the Employee’s responsibilities or conflict with the Company’s interests.

Conflict of Interest

The Employee shall perform their duties honestly, impartially, and in the best interests of the Company.

The Employee shall immediately disclose to the Company any actual, potential, or perceived conflict of interest, including but not limited to:

  • Financial interests that may influence business decisions.
  • Employment or consulting arrangements with another organisation.
  • Ownership or involvement in a competing business.
  • Personal relationships that may influence professional judgement.
  • Business dealings involving relatives or close associates.
  • Any activity that could compromise the Employee’s independence or objectivity.

The Employee shall not use their position within the Company for personal gain or for the benefit of any third party.

Failure to disclose a conflict of interest may constitute misconduct and may result in disciplinary action.

Company Assets

The Company may provide the Employee with equipment, devices, software licences, storage media, access credentials, or other resources required for the performance of their duties.

The Employee shall:

  • Use Company Assets responsibly and only for authorised business purposes.
  • Take reasonable care to prevent loss, theft, misuse, or damage.
  • Promptly report any loss, malfunction, or security concern.
  • Not transfer, lend, or permit unauthorised persons to use Company Assets.
  • Return all Company Assets immediately upon request or upon termination of employment.

Normal wear and tear shall not be considered misuse. However, damage resulting from negligence, misuse, or intentional misconduct may result in recovery of reasonable costs in accordance with applicable law.

Return of Work Product

Throughout the course of employment, the Employee shall maintain all work and project materials in the Company’s designated systems and storage locations.

Upon request by the Company, resignation, or termination of employment, the Employee shall promptly deliver to the Company all Work Product in their possession or control, including but not limited to:

  • Source files
  • Design files
  • Website files
  • Code repositories
  • Photographs and videos
  • Project documentation
  • Research material
  • Client communications
  • Login credentials
  • Digital assets
  • Drafts and working files
  • Storage devices containing Company information

The Employee shall not retain copies of Company or client materials after the end of employment unless expressly authorised in writing by the Company.

Data Protection & Information Security

The Employee acknowledges that protecting Company and client information is a shared responsibility.

The Employee agrees to:

  • Access Company and client information only where required for authorised work.
  • Protect passwords, authentication methods, and access credentials.
  • Use only Company-approved platforms, software, and storage systems where required.
  • Keep software and devices updated with appropriate security measures.
  • Avoid downloading or installing unauthorised software on Company-owned devices.
  • Exercise caution when opening emails, links, or attachments from unknown sources.
  • Immediately report any suspected data breach, malware infection, phishing attempt, or cybersecurity incident.
  • Ensure confidential information is not exposed in public places, shared devices, or unsecured networks.

Where AI tools or online services are used for work purposes, the Employee shall ensure that confidential client information, proprietary Company information, passwords, source code, financial information, or other sensitive data are not uploaded or disclosed without prior authorisation.

The Company may monitor the use of its systems, devices, and digital resources for legitimate business, operational, and security purposes in accordance with applicable law.

Mutual Commitment

Not On Sunday invests significant time, resources, and mentorship in onboarding and developing its employees, particularly for specialist and creative roles that require alignment with the Company’s standards, processes, and culture. In return, the Company values stability and encourages employees to commit to a minimum period of one (1) year of service wherever reasonably possible.

This expectation is intended to promote continuity, mutual growth, and a meaningful return on the investment made in training and professional development. It does not constitute a mandatory employment bond or restrict the Employee’s right to resign in accordance with the applicable notice period set out in the Appointment Letter and this Employment Agreement.

Similarly, nothing in this clause limits the Company’s right to terminate employment in accordance with the terms of this Agreement, Company policies, applicable law, or business requirements.

Resignation

The Employee may resign from employment by submitting a written resignation in accordance with the notice period specified in the Appointment Letter.

During the notice period, the Employee shall:

  • Continue to perform assigned duties professionally.
  • Complete all assigned work unless otherwise instructed.
  • Assist in knowledge transfer and project handover.
  • Return all Company Assets and Work Product.
  • Cooperate with reasonable transition requirements.

The Company may, at its discretion and in accordance with applicable law, waive all or part of the notice period or require payment in lieu of notice where applicable.

Final settlement shall be processed following satisfactory completion of all handover formalities and the return of Company property.

Termination

The Company may terminate the Employee’s employment in accordance with applicable law and the terms of this Agreement.

Grounds for termination may include, but are not limited to:

  • Serious misconduct.
  • Fraud, theft, or dishonesty.
  • Breach of confidentiality.
  • Misappropriation of Company or client property.
  • Persistent poor performance following appropriate review.
  • Gross negligence.
  • Repeated violation of Company policies.
  • Unauthorised prolonged absence.
  • Failure to perform assigned duties.
  • Conflict of interest.
  • Conduct that materially damages the Company’s reputation or business interests.
  • Organisational restructuring, redundancy, or business requirements.

Where appropriate, the Company may implement progressive disciplinary measures before termination. However, in cases of serious misconduct, the Company reserves the right to terminate employment with immediate effect, subject to applicable law.

Upon termination, the Employee shall immediately cease representing the Company and shall return all Company Assets, Work Product, confidential information, and access credentials.

Dispute Resolution

The Company and the Employee shall endeavour to resolve any dispute arising from this Agreement through open communication and good-faith discussions.

If the dispute cannot be resolved informally, either party may submit the matter for review by the Company’s management.

If the dispute remains unresolved after internal review, it shall be referred to arbitration in accordance with this Agreement.

Nothing in this clause prevents either party from seeking interim or urgent relief from a court of competent jurisdiction where necessary to protect confidential information, intellectual property, or other legal rights.

Governing Law, Arbitration & Jurisdiction

This Agreement shall be governed by and interpreted in accordance with the laws of India.

Any dispute arising out of or relating to this Agreement that cannot be resolved through mutual discussions shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

Unless otherwise agreed:

  • The arbitration shall be conducted by a sole arbitrator appointed in accordance with applicable law.
  • The seat and venue of arbitration shall be Kolhapur, Maharashtra.
  • The language of arbitration shall be English.
  • The decision of the arbitrator shall be final and binding upon both parties.

Subject to the arbitration provisions above, the courts at Kolhapur, Maharashtra shall have jurisdiction over matters requiring judicial intervention.

Miscellaneous

This Agreement, together with the Appointment Letter, Employee Agreement, Not On Sunday Handbook, and any written Company policies, constitutes the entire understanding between the Company and the Employee regarding the Employee’s employment.

No amendment or modification to this Agreement shall be valid unless made in writing and authorised by the Company.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

The Company’s failure to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that or any other provision in the future.

The Employee confirms that they have carefully read this Agreement, understood its contents, had the opportunity to seek independent advice if desired, and voluntarily agree to be bound by its terms and conditions.