Private and Confidential: CIN: L3007KA1992PLC025294
Private and Confidential: CIN: L3007KA1992PLC025294
Private and Confidential: CIN: L3007KA1992PLC025294
Devashish Sinha
Chhattisgarh Raipur
India .
Welcome to Mphasis. It gives me great pleasure to invite you to join the family of
Mphasis.
We are pleased to offer you the position of a Trainee Associate Software Eng, in Band 5
and Level 1 with our organisation. The gross compensation will be INR2,50,000/- (Two
Lakhs Fifty Thousand rupees only) per annum.
You are required to sign a training bond and agreement for INR 1,00,000/-(Rupees
One Lakh Only) for a period of 24 months. This bond is applicable from your date of
joining the company. The bond for the complete amount of INR 1,00,000/-(Rupees
One Lakh Only) would be recovered if you resigned within 24 months.
Upon successful graduation from The Mphasis Learning Academy by securing minimum
marks in various training modules and completion of 3 months in Mphasis:
Your gross compensation will be revised to INR 3,25,000/- (Rupees Three Lakhs
Twenty-Five Thousand Only) per annum
This salary change will be effective from the subsequent month after completion of 3
months from your date of joining
Mphasis is defined by a strong and intrinsic culture that sets us apart. Our DNA, while
evolving through various transformations, has still fundamentally been driven by the
same core values. Customer centricity has been one such tenet that influences every
Mphasian. We strive to understand our customer’s need, staying ahead of the curve to
deliver best-in-class service. Equally crucial, is our outcome focus, wherein our eyes
stay on the end result without compromising on our quality, ethics and people. We draw
our greatest strength from our people. Hence, empowering our workforce has gone
hand-in-hand with greater accountability, thereby creating responsible citizens of the
world. As we redefine what business success means in the changing landscape, we
believe in inculcating the spirit of experimentation so that established systems and
ways of doing things are constantly tested, questioned and disrupted. Imagination,
CIN: L3007KA1992PLC025294
innovation and the ability to take risks are fundamental characteristics that make us
shatter boundaries.
These shared values and beliefs are the influencers of everyday work culture at Mphasis
that has eventually built our ethos. It is what integrates us across technologies, platforms
and geographies. We are proud of it and we eagerly welcome you to the Mphasis way of
life.
This offer of employment is contingent upon you fulfilling the background verification
process that the organization will conduct.
We look forward to you joining us on December 31, 2021 at Pune. The reporting time is
10:00 AM. You endorse your acceptance by duly signing the duplicate copy of this letter
on all sheets at the bottom right corner and return to the undersigned by either mailing it
or handing it over to us on the date of your joining.
CIN: L3007KA1992PLC025294
ANNEXURE – 1
Band Band 5
Level Level 1
Basic 8,333
Note:
* As per Statutory regulations, if your covered under Payment of Bonus act, this
component will be paid as "Bonus" if not will be paid as “Ex- Gratia".
** Variable Pay will be payable on Quarterly basis. Amount shown is payable on 100%
Target achievement. The company and unit/function performance achievement against
the target measured quarterly shall determine the payout under the Variable Pay Plan.
Note: Variable Pay is governed by the provisions of Variable Pay Plan (available on
Mphasis Intranet) and the same will be reviewed from time to time.
CIN: L3007KA1992PLC025294
ANNEXURE - 2
TERMS OF EMPLOYMENT
1) Hours of Work
1.1. A working day shall comprise of nine hours.
1.2. You may be required to work on a shift basis. Shifts may be scheduled across 24
hours a day, 7 days a week and 365 a year, subject to applicable laws. The shift
timings may change from time to time which you would be notified of in advance.
1.3. At times you may be required to work beyond 8 working hours.
1.4. Employees at the client site shall follow the working hours as applicable at client
site.
2) Place of Employment
2.1. During your employment with the company, you will be liable to be transferred or
deputed to any of the offices, departments of the Company or its Associates,
Subsidiaries or Group Companies, whether in India or abroad.
2.2. In the event of transfer or deputation of your services your salary and other
benefits will be determined in accordance with the Company’s policies prevalent
at that time.
3) Travel
You may be required to travel, whether in India or overseas, in connection with office
work at short notice.
5) Relocation
You are eligible for relocation expenses reimbursement as per the company policy. In
the event of your separation within 12 months of joining Mphasis, this amount has to
be paid back to the company.
CIN: L3007KA1992PLC025294
6.1.2. Group Gratuity- scheme (all employees)
8) Termination
8.1. Your employment with the Company is subject to termination on:
8.1.1. month's prior notice by either side
8.2. The Company reserves the right to, at its sole discretion, substitute the notice
period by paying you salary in lieu of the notice period.
8.3. For abundant caution, it is hereby clarified that you cannot waive the notice
period requirement in the event you wish to terminate your employment with the
Company, and that your termination/resignation letter (by whatever name it is
called) will be accepted by the Company only on your satisfying the required
notice period as stated in our Company’s HR handbook. Further, till such time as
the Company accepts your resignation letter, you will be deemed to be an
employee of the Company and the terms and conditions of your employment will
still continue to bind you.
8.4. The Company shall have the right to terminate your employment immediately
without notice or payment in lieu of notice if:
8.4.1. You neglect, refuse, fail or for any reason become unable to perform any of
your duties under this agreement or comply with the Company policies and
code of conduct; or
8.4.2. You are guilty of any misconduct whether or not in the performance of
your duties (including but not limited to being an undischarged insolvent,
being convicted by any criminal court, being involved in fraudulent acts, etc)
or commit any act which in the opinion of the Company is likely to bring the
Company any disrepute whether or not such act is directly related to the
affairs of the Company; or
8.4.3. You commit any breach of any of your duties or obligations under this
agreement or the policies of the Company.
8.4.4. There is a discrepancy in the copies of the documents/certificates given by
you as a proof in support of the information provided by you.
In the event of termination under Clause 8.4.2, you shall not be entitled to
any benefits whatsoever.
9) Mode of Communication
For any service of notice or communications of any kind, you will be informed by
email or ordinary post at the address given by you at the time of your employment or
such other address as may be intimated by you to the management thereafter.
10) Confidentiality
10.1. You agree at all times during the term of your employment and thereafter
(without limit of time);
10.1.1. To hold the Confidential Information in strictest confidence, and not to use
or attempt to use the same, except for the benefit of the Company, and
10.1.2. Not to disclose or divulge the Confidential Information to any person or
entity without written authorization of the Company.
10.1.3. You agree to return to Mphasis all proprietary information, including
copies on paper, hard drive, disk, tape and other media, upon completion
CIN: L3007KA1992PLC025294
or termination of any project or upon cessation of your employment with
Mphasis IT Services.
10.2. For the purposes of Clause 10.1, “Confidential Information” means any
Company proprietary or confidential information, technical data, trade secrets or
know-how, whether (oral or written or in electronic format and whether marked
confidential or not), including but not limited to; research, business plans,
products, product improvements, processes and process documents, services,
projects, proposals, all work produced by you whether during normal working
hours or not, computer program, documentation, customer lists and customers
(including, but not limited to, customers of the Company with whom you become
acquainted), markets, software, developments, inventions processes, formulas,
technology, designs, drawings, engineering, marketing, distribution and sales
methods, sales and profit figures, finances, techniques, strategies, discoveries,
the title and description of any patents or patent applications filed by the
Company in any country or jurisdiction (until the same is generally available to
the public), and any other business information of the Company including its
business plans, practice methodologies and technologies (including computer
software), training materials, personnel information, client lists and information
regarding the business needs, strategies and technologies of present and
prospective clients and internal Company publications, whether directly or
indirectly, or by drawings or inspection of documents or other tangible property
and all information that comes to your knowledge which would but for this
employment would not have been accessed by you, whether such information is
in tangible form or not, written or otherwise and formal or not. Confidential
Information however shall not include knowledge, skills, or information which is
common to the business of the Company, or which is generally known outside
the Company.
10.3. You understand that retaining the confidential nature of the confidential
information is of utmost importance to the business of the Company and in
addition to the terms stipulated in this agreement herein you agree to execute a
Non Disclosure Agreement with the company.
CIN: L3007KA1992PLC025294
12.1. You consent to the processing of your personal data in accordance with the
Company data privacy policy (the "Policy"), a copy of which can be obtained
upon request;
12.2. In particular, you expressly consent to:
12.2.1. The collection and processing of sensitive personal data about you
to the limited extent and for the purposes described in the Policy;
12.2.2. The transfer worldwide of personal data held about you by the
Company to other employees and offices of the Company’s worldwide
organization and to third parties where disclosure to such third parties is
required in the normal course of business or by law; and use of your
personal images and voices in marketing material, videos, etc.
12.3. The reference to information "about you" includes reference to information
about third parties, such as spouse and children (if any), which are provided to
the Company by you on their behalf. The reference to “sensitive personal Data”
may be understood to include reference to the various categories of personal
data identified by European and Other applicable data privacy laws as requiring
special treatment, including in some circumstances, the need to obtain explicit
consent. These categories comprise personal data about racial or ethnic origin,
political opinions, religious or other similar beliefs, trade union membership,
physical or mental health, sexual life or criminal record.
12.4. In addition, you agree to treat any personal data to which you have access
in the course of your employment strictly in accordance with this Policy and other
Company policies and procedures. In particular, you will not use any such data
other than in connection with and to the extent necessary for the purposes of
your employment.
13) Non-Compete
You will certify to maintain Customer exclusivity and to this end, during the validity of
this agreement and for a minimum of 2 years thereafter, you shall neither solicit
business nor offer product/services and/or conduct any business, that directly
competes with the kind of product/services that is offered by the Company to such
client, either directly or indirectly with any of ‘Mphasis’ client or any third party
exposed to you. In case you violate this provision, a minimum amount of Rs.3 lakhs
shall be payable by you to Mphasis as damages.
(A) Solicit, divert, take away, hire, or recruit, or attempt to solicit, divert, take
away, hire, or recruit, any employee of the Company; or
(B) Solicit, divert, take away, hire, or recruit, or attempt to solicit, divert, take
away, hire, or recruit, the business of any client, customer, potential client,
potential customer, person, or entity with whom Employee had dealings as
an Employee of the Company for any purpose related in any manner to the
business of the Company.
CIN: L3007KA1992PLC025294
(C) You agree the foregoing restrictions are reasonable both as to time and
extent given the nature and scope of the Company’s present business and
the duties of your employment.
15) Warranty
15.1. You warrant that your joining the Company will not violate any agreement
to which you are or have been a party to.
15.2. You warrant that you will not use or disclose any confidential or proprietary
information obtained from a third party prior to your employment with the
Company.
15.3. You warrant that you will comply with all Mphasis applicable policies and
standards and shall perform your services in a manner consistent with the ethical
and professional standards of Mphasis.
15.4. You warrant that you possess all the requisite certificates, licenses,
permits, work visas, clearances to be able to lawfully perform the services
16) Indemnification
You agree to indemnify the Company for any losses or damages sustained by the
Company caused by or related to your breach of any of the provisions contained in
this Terms of Employment
17) Retirement
Your age of retirement from the service will be on completion of sixty years. However,
you may opt for voluntary retirement at any age before sixty years during your
services in the establishment if you are unable to continue in service satisfactorily.
The actual date of retirement shall be the last working day of the calendar month of
your 60th birthday.
18) General
18.1. This agreement contains the entire agreement between the employee and
Mphasis, and no alteration or variations of the terms of this agreement shall be
valid unless made in writing and signed by both the parties here to. This
agreement supersedes any prior agreements or understandings between the
parties relating to the matter of proprietary rights and / or non disclosure
18.2. This agreement is made under and shall be construed according to the
laws of India. Employee agrees to submit to the jurisdiction of the courts of
Bangalore (Karnataka).
18.3. This agreement shall remain current and in force, irrespective of whether
you are under employment of Mphasis or not.
18.4. Should any part of this agreement be declared illegal or unenforceable, the
arties hereto will co-operate in all ways open to them to obtain substantially the
same result or as much thereof as may be possible, including taking appropriate
steps to amend, modify or alter this agreement. If any term or provision of this
Agreement shall be hereafter declared by a final adjudication of any tribunal or
court of competent jurisdiction to be illegal, such adjudication shall not alter the
validity or enforceability of any other term or provision unless the terms and
provisions so declared are expressly defined as a conditions precedent or as of
the essence of this agreement, or comprising an integral part of, or inseparable
from the remainder of this agreement.
CIN: L3007KA1992PLC025294
Acknowledgement and Acceptance of Appointment with Mphasis
I confirm my acceptance of the offer and shall report for work on ____________ (Date).
Signature : _____________________________________
Name : _____________________________________
Date : _____________________________________
Place : _____________________________________
CIN: L3007KA1992PLC025294
Annexure - 3
At the time of joining Mphasis the following documents and information must be made
available to us.
List of documents that need to be submitted at the time of joining, in order to complete
your on boarding process.
CIN: L3007KA1992PLC025294
*Originals need to be submitted. These original certificates will be returned to you
after due verification.
Your offer has been made based on the information furnished by you. However, if
there is a discrepancy in the copies of the documents/certificates given by you as
a proof in support of the above, the company reserves the right to revoke the
offer.
Being an ISO certified company, it is essential for you to submit these documents
at the time of joining. We will not be able to process your records unless you
submit all the documents mentioned above.
It is mandatory for all Mphasis employees to possess a valid passport. Else, please
apply for one. You are expected to have a valid passport within 60 days from the
time you join Mphasis.
Apart from this we would like you to have the following information ready with
you, for usage during your joining formalities.
CIN: L3007KA1992PLC025294