TCS - Stipentd - Letter
TCS - Stipentd - Letter
TCS - Stipentd - Letter
Ref: TCSL/DT20206346202/Pune/BPS/BTN
Date: 24/04/2021
Thank you for exploring training opportunities with Tata Consultancy Services Limited(TCSL). You have successfully
completed our initial selection process and we are pleased to make you an offer as "Trainee BPS" for a period of 12
months. During this period you will be paid a stipend of Rs. 11,250/- per month.You will be engaged as a Trainee /
Apprentice under the model / certified Standing Orders (as the case may be) applicable to you.
Kindly confirm your acceptance of this traineeship by proposing your date of joining and signing Annexure 1. If not
accepted within 7 days of receipt, this offer is liable to lapse at the discretion of the Company. You may handover your
acceptance letter to the HR Officer/ Induction Officer at any of our offices.
After you accept this letter of traineeship and clear the medical check-up, and background check you will be given a
letter of appointment as a trainee indicating the details of your joining date and initial place of posting after completing
joining formalities as per company policy.
TCS decision of releasing the Offer of Traineeship and allowing you to join the organization before completion of your
final Graduation examination which has been uncertainly delayed owing to COVID-19 Pandemic, shall not be
construed as a waiver of the condition specified in the Terms of Traineeship under clause 'Pre-requisites of
Traineeship'. The status of your Graduation completion will be reviewed periodically. The Management reserves the
right to revoke this Offer of Traineeship if it is later established that you could not successfully complete your
Graduation without any pending arrears/backlogs.
You have the flexibility to choose a plan which is higher than the existing default plan, by paying the applicable
additional premium plus Service Tax, in which case the below benefits can be availed:
a) Domiciliary Cover: This is a provision to cover the cost incurred towards any domiciliary treatment up to a
specified limit for each insured person per annum.
b) Base Cover: This is a provision to cover the cost incurred on hospitalization treatments up to a specified limit for
each insured person per annum.
c) Floater Cover: This benefit covers the hospitalization expenses incurred over and above the basic
hospitalization cover limit. This is a family floater cover for you and your enrolled dependents.
The total premium is split between Base Cover and Floater Cover Premium as per the plan applicable.
i. Base Cover Premium: Towards Domiciliary and Base cover for self, spouse and up to three children is entirely
borne by TCSL, provided these members are explicitly enrolled by you under the scheme. Additionally, if you wish
to cover dependent parents/parents-in-law or remaining children, the applicable premium per insured person is to
be borne by you.
*Note: The above Health Insurance Scheme is subject to revision. The policy changes if any, in future, will prevail
. For further details, please refer to the policy document
2. Professional Memberships:
You will be eligible for reimbursement of expenses towards professional membership as per TCSL's policy.
When you will be out of the purview of ESI Act, you will be eligible for compensation benefit in the event of death
/ disablement arising out of and in the course of Traineeship as per the Employee Compensation Act (Amendment
Act of 2017) or the benefits under the Company's Group Term Life Insurance scheme / Personal accident
insurance scheme as the case may be, whichever is more beneficial . For more details on this, refer TCS India
policy - Group Life Insurance and TCS India policy - Health Insurance.
TERMS OF TRAINEESHIP
1. Traineeship Pre-requisites
Your appointment as a Trainee / Apprentice under the model / certified Standing Order will be subject to
successful completion of your graduation examination without any pending arrears / back logs during the entire
course duration.
It is clearly understood, agreed and made abundantly clear that in case you do not successfully clear your
graduation your traineeship with TCSL will be discontinued without any notice or notice pay
It is mandatory to declare the gaps / arrears / back log, if any, during your academics and work experience. The
management reserves the right to withdraw/revoke the offer of traineeship at any time at its sole discretion in case
of any discrepancy or false information is found in the details submitted by you.
2. Traineeship Period:
During the period of your training of 12 months, you may be required to undergo classroom and on the job
training. During this period, you may be appraised to evaluate your performance and if your performance is found
to be satisfactory, you may be absorbed / appointed in the regular employment of the Company at its sole
discretion.
It is hereby specifically clarified that the Company is under no obligation whatsoever to absorb / appoint you on
regular basis upon successful completion of your training period of 12 months. You shall not be deemed to have
been absorbed / appointed in the regular employment of the company, unless & until you receive a written
communication in this regard from the Company.
If your performance is found unsatisfactory, TCSL may terminate your traineeship forthwith by giving you 30
calendar days' notice in writing or payment of stipend for 30 calendar days in lieu thereof.
If you remain on unauthorized absence for a consecutive period of 3 days during the training programme without
authorisation or intimation, a presumption shall arise that you have abandoned your traineeship and the company
shall be entitled to disqualify and disentitle you forthwith for any further training and your name is liable to be
automatically stand discontinued from the list of ILP trainees without any further intimation / separate
communication to you.
3. Hours of Training:
You may be required to undergo training in shifts and / or in extended training hours as permitted by law.
4. Leave:
You will be entitled for leaves as per the company's policy.
5. Transport:
TCS BPS provides company transport facility within a pre-defined radius for each location as defined in the
company transport policy. TCS employees living beyond these boundaries would be required to make their own
arrangements and the routes are predetermined and not permitted to be varied under any circumstances. The
company will make appropriate provisions for those working in night shift as permitted by law/ policy.
9. Notice Period:
You will have to give at least 30 calendar days' prior notice in writing before discontinuing your traineeship with the
Company. The Company may discontinue your traineeship by giving you 30 calendar days' notice in writing or
payment of stipend for 30 days in lieu thereof.
Retention of reasonable medical fitness is also a condition of Traineeship. The company also reserves the right to
get yourself examined by a doctor at any time during your Traineeship and futher employment(if absorbed in
Regular Employment) to ascertain your medical fitness. The opinion of the doctor appointed by the company shall
be final and binding on both parties. Your failure, refusal or inability to appear for such medical examination will
result in the determination of your Traineeship or Employment as the case may be without any notice or notice
pay in lieu of notice.
Your Traineeship or further Employment (if absorbed in Regular Employment) is liable to be discontinued /
terminated on account of your continued ill health or if you are found to be medically unfit for the job as may be
certified by the company's doctor.
As TCSL progresses with these initiatives, monitoring performance will be an ongoing process and a formal
evaluation will be carried out during the training. We would request that the training be taken very seriously to
enable you to add maximum value to your professional and personal growth.
It will be processed for various organizational purposes such as recruitment, onboarding, background check,
project assignment, performance management, job rotation, career development including at leadership level,
diversity and inclusion initiatives, global mobility, wellness program, statutory and legal requirements and specific
organizational initiatives in force during your tenure in TCS.
After you join TCS, there would be more sets of Personal Information (PI) attributes processed for various
legitimate purposes. All of it will be processed with compliance to applicable laws and the TCS Data Privacy
Policy. In some scenarios of your PI processing, you will be provided with appropriate notice and/or explicit
consent might be obtained from time to time.
For the purposes mentioned above, your required PI may be shared with specific vendor organizations who
provide services to TCS, e.g. background check, health insurance, counselling, travel, transport and visa, payroll
services, associate engagement activities, and financial and taxation services.
As TCS is a global company, your PI may be shared with entities outside India, limited for the purposes mentioned
above and/or in this offer letter.
In case of oversees deputation, available privacy rights would be governed as per regulatory provisions and / or
TCS policies/notice provided applicable at your overseas location.
Yours Sincerely,
1. Confidential Information
"Confidential Information" shall mean all Inventions and Know-how, information and material
of TCS and its subsidiaries as applicable (Collectively termed as TCS) (including for avoidance of doubt any
Confidential Information of its Clients) that comes into the possession or know of the Associate and shall include
the following:
(a) Any and all information processing programs, software, properties, items, information, data, material or any
nature whatsoever or any parts thereof, additions thereto and materials related thereto, produced or created at
any time by TCS or the Associate in the course of or in connection with or arising out of the Associate's
association with TCS. Program/Software shall mean source code and/or machine instructions wherever resident
and on whatever media and all related documentation and software,
(b) All other information and material of TCS relating to design, method of construction, manufacture, operation,
specifications, use and services of the TCS equipment and components, including, but not limited to, engineering
and laboratory notebooks, reports, process data, test data, performance data, inventions, trade secrets, systems,
software, object codes, source codes, copyrighted matters, methods, drawings, computations, calculations,
computer programs, narrations, flow charts and all documentation therefore and all copies thereof (including for
avoidance of doubt any such material belonging to the Clients of TCS)
(c) Corporate strategies and other confidential and proprietary material and information, which could cause
competitive harm to TCS if disclosed,
(e) All other information and material, which may be created, developed, conceived, gathered or collected or
obtained by the Associate in the course of or arising out of the association with TCS or while in or in connection
with or for the purposes of his/her association with TCS or any of the operations and entrusted by TCS to the
Associate.
2. Associate's Obligations
Associate agrees to treat the Confidential Information as strictly confidential and a trade secret of TCS. Associate
agrees not to use, or cause to be used, or disclose or divulge or part with either directly or indirectly any
Confidential Information for the benefit of or to any third parties except for or on behalf of or as directed or
authorized by TCS or to a person having a valid contract with TCS . Upon termination of employment, the
Associate agrees to surrender to TCS all Confidential Information that he or she may then possess or have under
his or her control.
4. Prior knowledge
Associate acknowledges that prior to his or her appointment by TCS, he or she had no knowledge of the
Confidential Information of TCS and that such Confidential Information is of a confidential and secret character
and is vital to the continued success of TCS's business. Associate further acknowledges that he or she is
associated with TCS in a capacity in which he or she will become acquainted with all or part of such Confidential
Information. In order to safeguard the legitimate interests of TCS in such Confidential Information, it is necessary
for TCS to protect such Confidential Information by holding it secret and confidential.
a) use any third party material or intellectual property rights except those intellectual property rights provided by
TCS or expressly authorised by TCS or without having proper authorisation or license or approval of the
respective owner of such intellectual property rights.
b) Participate in any activity for creation (including conception, design, development, testing, implementation,
support or marketing) of any Intellectual Property for or on behalf of TCS or its affiliates if Associate has been
exposed, directly or indirectly, to any Third Party IP which is in the same subject area (such as research area,
technology or application area) as, or which is same or similar to, the Intellectual Property or any portion thereof,
to be so created, unless;
i) Associate has expressly declared to TCS in a prescribed form whether such exposure was owing to publically
available information or under and subject to any agreement; AND
ii) TCS has expressly confirmed to the Associate that TCS has proper authorization or license or approval of the
respective owner of such Third Party IP to use the same in Intellectual Property or portion thereof to be created
and authorized in writing Associate's participation in such activity.
c) knowingly access, make reference to or use any Third Party IP (except as permitted under Section 5(a),
directly or indirectly, during the period of association with the creation (conception, design, development, testing,
implementation, support or marketing) of TCS Intellectual Property or portion thereof, which is in the same subject
area of TCS Intellectual Property or which is same or similar to such TCS Intellectual Property or portion thereof
being created. In case, Associate access or is exposed to any such Third Party IP during such association,
Associate shall promptly bring it to the notice of TCS IP asset owner or TCS project manager in writing and
immediately cease to participate in any such activity
6.2 Associate acknowledge and agree that in the course of, and as a result of his/her engagement with TCS,
Associate will have access to, obtain or come across personal data or information of other TCS Associates or
Clients, including without limitation, sensitive personal data or information (collectively "Personal Data and
Information") within the meaning of the applicable Indian Law and Rules or any other applicable Law, directive or
regulation anywhere in the world. In respect of any such Personal Data and Information accessed, obtained,
(a) process the Personal Data and Information only on behalf of TCS, its Affiliates or Clients, as the case may be,
and only on and in accordance with instructions received from the data controller from time to time;
(b) abide by such technical and organizational measures necessary to prevent the accidental or
unlawful destruction or accidental loss, alteration, un-authorized disclosure or access to the Personal Data and
Information;
(c) promptly (and in any event within 24 hours of awareness) bring to notice of TCS or its Affiliates, as the case
may be, of any actual or suspected incident of unauthorized or accidental disclosure of, or access to, the Personal
Data and Information or other breach of this section (a "Security Breach");
(d) promptly provide TCS with all information in Associate's notice, possession or control concerning any Security
Breach and not make any public announcement regarding a Security Breach without TCS's prior written consent;
(e) not do, or omit to do, anything, which would cause TCS or any of its employees, officers or agents to be in
breach of its obligations under any privacy or data protection policy, regulation or legislation;
(f) upon expiry or termination of Associate's engagement with TCS, return all copies of the Personal Data and
Information to TCS in Associate's possession or control; and
(g) promptly bring to TCS notice of any request received from a data subject to have access to his/her Personal
Data and Information or of any other communication relating to the access, use or processing of any Personal
Data and Information (including any notice from the regulatory body) and fully co-operate and assist TCS in
relation to any such request or communication.
6.3 Associate expressly consent that TCS and/or its affiliates may collect, use, transfer, retain or otherwise
process Associate's Personal Data and Information in connection with his/her engagement with TCS, in
accordance with the then / current TCS policies and procedures and applicable privacy and data protection
legislation. TCS may use third party services or sub-contractors to collect or otherwise process Associate's
Personal Data and Information for which TCS shall remain responsible for such third party services provider or
sub-contractor's compliance with TCS's obligations hereunder.
8. No License
TCS and Associate agree that no license under any patent or copyright now existing or hereafter obtained by TCS
is granted, agreed to be granted, or implied by the terms of this Agreement, or by the disclosure to Associate of
the Confidential Information.
9. Equitable Rights
Associate acknowledges that any Confidential Information that comes into the possession and / or knowledge of
Associate is of a unique, highly confidential and proprietary nature. It is further acknowledged by Associate that
the disclosure, distribution, dissemination and / or release by Associate of the Confidential Information without the
prior written consent of TCS or any breach of the Confidentiality, Data and IP Protection Terms by Associate will
cause TCS to suffer severe, immediate and irreparable damage and that upon any such breach or any threat
10. General
(a)The provisions hereof shall be interpreted, determined and enforced in accordance with the laws of India.
(b)In the event of any dispute or disagreement over the interpretation of any of the terms herein
contained or any claim or liability of any party, the same shall be referred to a person to be nominated by TCS,
whose decision shall be final and binding upon the parties hereto. Subject to the above, the arbitration shall be
governed by the Arbitration and Conciliation Act, 1996 or any modifications or re-enactment thereof. Associate
confirms that the fact that the arbitrator shall be a nominee of TCS shall not be a ground for objecting to such
arbitration or challenging the decision of the arbitrator. The venue of arbitration shall be Mumbai. Subject to the
above arbitration clause, the Parties agreed to the binding jurisdiction of the Courts at Mumbai under the laws of
India.
(c)If any provision hereof shall be found by a judicial tribunal to be contrary to governing law, it shall be deemed
null and void without annulling or rendering invalid the remainder of the Agreement and if the invalid portion is
such that the remainder cannot be sustained without it, the Parties herein shall find a suitable replacement to the
invalid portion that shall be legally valid.
(d)This Confidentiality, Data and IP Protection Terms along with other documents executed by Associate or
referenced in any such documents constitutes the entire understanding between the parties and supersedes all
prior agreements and understandings pertaining to the subject matter thereof. No delay of omission of either Party
in exercising or enforcing any of their rights or remedies hereunder shall constitute a waiver thereof.
(e)This Confidentiality, Data and IP Protection Terms may not be amended except in writing signed by authorized
representatives of both parties.
(f)The obligations of Associate in terms of this Confidentiality, Data and IP Protection Terms shall continue during
the term of or in the course of the employment of the Associate with TCS and shall continue thereafter in
perpetuity.
Please complete and return these documents to the TCSL HR executive, within 7 days of receiving this
offer.
Name:
Address:
Signature:
Date: