Employee Terms and Conditions
Last updated: January 17, 2023
Please read these terms and conditions carefully before using our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country referred to: Karnataka, India
- The Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Just Music & Sports (JMS) Academy 1115, 23rd Main Road, Garden Layout, Sector 2, HSR Layout, Bengaluru, Karnataka
- Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) refer to these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
- The website refers to Just Music & Sports Academy, accessible from https://justmusicjms.com/
- You mean the individual accessing or using the Service, or the company, or any other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1. Position and Responsibilities:
a. You have access to this T&C because the Academy agrees to engage you as a Music Educator or Sports Coach on a Full-Time/Variable basis.
b. As a Music Educator or Sports Coach, you will be responsible for:
- Conducting Music training sessions and coaching teachers and students.
- Developing music curriculum and implementing training programs to enhance teachers, and students’ skills and abilities.
- Providing guidance, support, and motivation to students to foster their musicianship skills and athletic development.
- Ensuring a safe and inclusive learning environment for all students.
- Collaborating with other instructors and staff to organize events, competitions, and workshops.
c. Performance Evaluation: We believe in recognizing and nurturing talent, and we are committed to providing regular performance evaluations. Performance assessments will be conducted Tri-annually to review your progress, discuss areas of improvement, and set new goals. These evaluations will help us provide you with the necessary support and guidance to excel in your role…
2. Probation:
For a period of 6 months from the date of joining you shall be under probation. During your probation period, you are not entitled to take any leaves. Based on your performance your services will be confirmed with the company in writing after six months. During the probation period, your services can be terminated without any reason whatsoever.
If your services are found unsatisfactory during the probation period, you will be confirmed in the present position and thereafter your services can be terminated on one month’s notice.
3. Duties and Responsibilities:
a. The Employee shall be responsible for providing Music Instruction/Training and guidance to teachers/students of the School.
b. The Employee shall prepare music curriculum, lesson plans, conduct classes, assess student progress, and provide constructive feedback to students and their parents.
c. The Employee shall adhere to the School’s policies, rules, and regulations as outlined in the Employee Handbook or any other relevant documents.
5. Hours of Work: The school functions six days a week from Monday to Saturday. Your assignment will be from Monday to Saturday, 8 hours each day. You may be required to substitute to support the continuity of the school on a case-to-case basis. You will be reporting to Mr. James Pekosi, Academic Head.
4. Intellectual Property:
a. Any intellectual property developed by the Employee during the serving period shall be the exclusive property of the School.
b. The Employee agrees to assign all rights, title, and interest in any intellectual property developed during the employment to the School without any additional compensation.
5. Your employment with the Company is transferable and the Company reserves the right to depute/transfer your services to any other location or Group Company within India or abroad or any of its associates have their establishments or may set up new establishments.
6. You will not be permitted to undertake any other employment or engage in any external activities of a Commercial nature without prior written approval of your Manager.
6.1. Personal Classes and External Employment:
1.1. Teachers are required to seek prior written approval from the JMS Academy before engaging in personal music classes or undertaking any other employment or external activities of a commercial nature.
1.2. Personal music classes refer to individual music lessons provided outside the JMS Academy premises.
1.3. External employment refers to any form of employment, contractual work, or freelance work related to music/sports or teaching in other institutions, organizations, or private settings.
6.2. Approval Process:
2.1. To obtain approval, teachers must submit a written request to the JMS Academy at least [30 days] prior to the intended commencement of personal classes or external employment.
2.2. The Music Academy will review each request and communicate its decision to the teacher in writing.
2.3. Approval is subject to the sole discretion of the Academy and may be granted or denied based on various factors, including but not limited to conflicts of interest, time availability, reputation, and impact on the Music Academy’s image.
6.3. Existing Contract Apartment, School, or Community:
3.1. Teachers (Both Full-Time and Variable Teachers) are strictly prohibited from conducting personal classes or engaging in external employment in any existing contract apartment, school, or community without the prior written approval of the Academy.
3.2. Violation of this clause will be considered a breach of contract and may result in disciplinary action, including termination of employment.
3.3. It is the responsibility of the teacher to familiarize themselves with the specific contractual agreements between the JMS Academy and the contract apartment, school, or community and abide by the terms outlined therein.
6.4. Zero Tolerance Policy:
4.1. The Music Academy maintains a zero-tolerance policy regarding unauthorized personal classes, external employment, or engagement in external activities of a commercial nature without prior approval.
4.2. Any instances of non-compliance with these terms and conditions will be subject to strict action, which may include verbal or written warnings, suspension, termination of employment, or legal recourse as deemed appropriate by the Academy.
4.3. The JMS Academy reserves the right to take legal action to protect its reputation, interests, and contractual agreements if necessary.
By continuing to work as a teacher at the Music Academy, you acknowledge that you have read, understood, and agree to abide by these terms and conditions. Failure to comply with these terms and conditions may result in disciplinary action or termination of your employment.
7. You will be required to effectively carry out all duties and responsibilities assigned to you by your manager and others authorized by the Company to assign such duties and responsibilities.
8. Except on the proper course of your employment, or, thereafter, you shall not divulge to any third party any information regarding the affairs of the Company or information regarding its customers without prior written approval. All information that comes to your knowledge by reasons of your employment with the Company is deemed to be confidential.
9. You confirm that you have disclosed fully all of your business interests to the Company whether or not they are similar to or in conflict with similar business(es) or activities of the Company and circumstances in respect of which there is, or there might be perceived a conflict of interest between the Company and you or any immediate relatives. Also, you agree to disclose fully and immediately to the Company any such interests or circumstances which may arise during your employment.
10. Conduct and Reputation:
a. All employees of JMS Academy are expected to maintain a high standard of professional conduct and behavior both during and outside working hours.
b. Employees shall not engage in any activities or behaviors that may harm the reputation or bring a negative name to the company.
10.1 Prohibition of Intoxication
a. The JMS Academy strictly prohibits the consumption, possession, or distribution of any intoxicating substances, including but not limited to alcohol, illegal drugs, and controlled substances, by any teacher or employee while on Academy premises or during work hours.
b. Intoxication is defined as the state of being under the influence of alcohol, drugs, or any other substance that impairs physical or mental capabilities.
10.2 Compliance:
a. All teachers and employees of the Academy are expected to comply with the no intoxication policy at all times. This includes refraining from consuming intoxicating substances, arriving at work intoxicated, or engaging in any activities that could impair their performance due to intoxication.
b. Teachers and employees shall also refrain from being in possession of or distributing intoxicating substances on Academy premises.
10.3. Zero-Tolerance Policy:
a. The JMS Academy maintains a zero-tolerance policy toward any violation of the no intoxication policy. Any teacher or employee found in violation of this policy may face disciplinary action, up to and including termination of employment.
b. The Academy reserves the right to take appropriate legal action against individuals found to be engaged in illegal activities related to intoxicating substances.
10.4. Reporting and Confidentiality:
a. Teachers and employees are encouraged to report any suspected violation of the no intoxication policy to their immediate supervisor or the Academy management.
b. All reports will be treated with the utmost confidentiality, and no retaliation will be taken against individuals reporting violations in good faith.
10.5. Termination and Withholding of Salary:
a. In the event of termination of employment due to an employee’s actions or behaviors that have caused significant damage to the company’s reputation or goodwill, JMS Academy reserves the right to withhold a portion or the entirety of the employee’s salary as determined by the company.
b. The decision to withhold salary will be made at the sole discretion of the company, after conducting a thorough investigation into the circumstances surrounding the employee’s actions.
10.5. Severability:
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
11. The Sexual Harassment Policy: This policy will ensure that all employees are protected against sexual harassment at all the JMS workplaces. This will contribute to the realization of their right to gender equality, life and liberty, and equality in working conditions everywhere. Any form or incidence of sexual harassment must be reported to the Internal Complaints Committee who will further inquire and address the issue.
12. No touch Policy: A No touch policy should strictly be adhered to at all the JMS Academy workplaces. No touch means no touch anywhere. Any violation of the above or any other Company procedures can result in disciplinary action being taken against you, which may result in the termination of your employment with or without notice or compensation.
13. Upon separation from the Company on account of either resignation or termination, you need to immediately return to the Company all the assets and property (including any leased properties) of the Company including documents, files, books, papers, and memos in your possession or custody.
14. You shall communicate to the company any change in your address as well as your personal status. All communication sent to you in the normal course to the address given by you shall be deemed to have been received by you.
15. In the unlikely event any information furnished by you in connection with your employment with us, is suppressed or found to be false or incorrect, your services are liable to be terminated forthwith, without any Notice Pay, or compensation whatsoever.
16. Resignation/Termination:
a. In the event of you resigning from the Company, you would need to serve three months notice period or pay your total gross salary for 3 months in lieu thereof. The full and final settlement process will take 45 days to post your relieving date from the Company.
Your services may be terminated by the Company if you do not adhere to Company’s policy and protocols. The Company reserves the right to terminate your services with us on any grounds whatsoever, including on grounds of misconduct or unsatisfactory job performance or violation of the Company’s Policies. Absence for a continuous period of eight days without prior approval of your superior, (including overstay of leave/training), can lead to your services being terminated without notice or explanation.
17. During your services with JMS, especially for school assignments, you are expected to complete the academic year of the respective schools, unless transferred by the organization to another assignment. The school assignments should not be left mid-way for whatsoever reason. In the event of this clause not being adhered to management has the discretion to take necessary actions. You are required to adhere to all the processes as per JMS policies.
You need to make yourself available for
● All assigned school’s Parent Teacher Meetings
● All teacher-training programs held by JMS
● All center events like recitals, open houses, etc.
18. Confidentiality:
a. The Employee shall maintain the confidentiality of all proprietary and confidential information related to the School and its students.
b. The Employee shall not disclose any confidential information to third parties without prior written consent from the Academy.
19. Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or agreement, whether written or oral, relating to the subject matter herein. Failure to comply with these terms may result in disciplinary action, up to and including termination of employment.
These Terms and Conditions are subject to change at any time at the discretion of the JMS Academy. It is your responsibility to review and stay informed of any updates or modifications.
Please indicate your acceptance of the terms and conditions outlined in this Agreement by signing and returning a copy of this letter by the end of the week.
We look forward to working with you during the training and transition period.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
By continuing to work as a teacher at the Music Academy, you acknowledge that you have read, understood, and agree to abide by these terms and conditions. Failure to comply with these terms and conditions may result in disciplinary action or termination of your employment.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: justmusic.jms@gmail.com or justmusicandsports@gmail.com
- By visiting this page on our website: https://justmusicjms.com/contact/
- By phone number: +91-9620877876 or +91-7005885159
- By mail: Just Music & Sports, 1115, 23rd Main Road, Garden Layout, Sector 2, HSR Layout, Bengaluru, Karnataka 560102