0% found this document useful (0 votes)
89 views18 pages

Cap Gemini

Uploaded by

NFS Legal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
89 views18 pages

Cap Gemini

Uploaded by

NFS Legal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 18

Wc

Capgemini Technology Services lndia Limited


(Formerly known os TGATE Global Solutions Limited)
Ptot No.158-152 & 165-170, EPIP Phase-ll,
Whitefietd, Bengaluru - 560066, Karnataka, lndia.
Te[: + 91 80 4104 1995 | Fax: + 91 80 4125 9090
www.ca pgemini.com/in-en

EMPLOYMENT OFFER LETTER

Capgemini Ref: 1629953 /262279,

07/3t/20t9,
PUNEETH B.N
>> Flat no lB,Prakash Hibiscus Apartment, 335, K Narayanapura Main Road, Kothnur, Bengaluru
560077,
Bangalore ,Karnataka,
Ind ia

Confidential

DeaT PUNEETH B.N,

Pursuant to our discussions, we are pleased to offer you employment opportunity, on probation basis,
with Capgemini Technology Services India Limited ('Capgemini' or'Company') starting
from O1l3L/2OL9 (or such other date as may be communicated to you by the Company), as per
details given below.
A) Your current designation will be Associate Consultant/B1
B) You will be required to work at the Company's offices in location Bangalore (SEZ
premises)
C) Your all-inclusive annual target compensation (on a cost to company basis) will beINR
5601005.00 ( Rupees Five Lakh Sixty Thousand and Five only) which would comprise your
salary, applicable statutory benefits, bonus, if any, and/or any incentives as applicable to you. Your
compensation shall be paid on a monthly basis, in arrears. The Company shall deduct tax at source
at the time of making payment,
The breakup of your all-inclusive annual target compensation is as follows:

Regd. Office No. 14, Rajiv Gandhi lntoLech Par( Hinjawadi Phase lll, MIDC-SEZ, Mtlage Man, Taluka Mutshi, Pune - 41 1057, Maharashtra, lndia.
Tet: +91 20 6699 1000 | Fax +91 20 6599 5050 | CIN: U85 l l0PN1993P1C145950
PUNEETH B.N

Associate Consultant
Total Cost to Company (CTC) Rs.56O,OO5.OO
Monthly Components Per Month Annualized
Basi c Rs 16,130.00 Rs 193,560.00
House Rent Allowance Rs. 8,065.00 Rs 96,780,00

Other Reimbursements & Rs. 10,450,00 Rs.125,400,00


Allowances#
Personal Allowance Rs. 6,864,00 Rs. 82,368.00
Advance Statutory Bonus Rs. 1,873.00 Rs.22,476.0Q
Gross monthly salary Rs.43,382.O0 Rs. 520,584.OO

Statutory payments ++
Capgemini's contribution to PF Rs.1,936.00 Rs.23,23 2.00
++
Gratuity (accrual only) Rs.9,312.00

Total Fixed Compensation Rs.553,128,00


Total Cash Compensation Rs. 553,128.O0
Benefits
Medical, Accident & Life Rs. 6,877.00
Insurance Premium
Capgemini contribution to ESI Rs.0.00
Total Cost to Company Rs. 56O,OO5.OO

# You may choose any of the following optional instruments that are a part of the OtherAllowance &
Reimbursements. Balance amount that is not claimed will be paid as Taxable on monthly basis after
withholding taxes. For details on claiming these instruments please checkthe OtherAllowance and
Reimbursements FAO and Claim Forms.

Other Allowance & Reimbursements nualized


Telephone 19,800.00
LTA 60,000,00
Meal Coupons 24,000.00
,Vehicle Reimbursement 21,600.00

Notes:

Regd. OFfice No. 14, Rajiv 6andhi lnto[ech Park, Hinjawadi Phase lll, MIDC-SEZ, Vitlage Man, Tatuka Mulshi, Pune - 41 1057, Maharashtra, India.
Tel: +91 20 5699 1000 | Fax +91 20 5699 5050 | CIN: U85 1 loPN l 993P1C145950
1 The payroll processing will be as per Company policy notified from time to time.
4pi
2 Employees should decide on the Other Allowances and Reimbursements (OAAR) at the
time of ;oining; any changes will be accepted as per Company policy applicable from time
to time.

3 For claiming tax benefit in case of admissible allowances and reimbursements (eg. LTA,
telephone etc), you will have to submit supporting (bills) to the Company's satisfaction
along with the reimbursement claim form in the prescribed format and within the timeline
stipulated by the Company. The reimbursements will be processed as per the applicable
Company's policies, which are subject to change without notice. The payments described
above will not be further grossed up for taxes and you will be responsible for the payment
of all taxes due with respect to such payments, which will be deducted at source as per the
applicable law. In case of any under-withholding, you shall be responsible to pay the
necessary tax and any interest/penalty thereon.
4 In cases where Permanent Account Number (PAN) is not produced, highest tax rates will
apply to all amounts on which tax is deductible at source under the applicable tax law.
5 The Company reserves the right to change the compensation structure and/or the
compensation components from time to time.
++ These statutory payments are included based on current applicable practice and law and
are subject to changes based on changes in law from time to time. Also, please further
note, that any changes /modification to statutory payments, due to change and/or
amendment in law, shall not be treated as change in service condition(s) and therefore no
notice of such change will be provided to you. However,Company shall endeavor to inform
you, via separate email communication, about any changes/ modification to statutory
payment.
++ Employee's contribution towards PF and ESI will be made from the monthly salary. If
employee moves out of ESI coverage on account of his/her salary crossing the defined
threshold, deduction of employer and employee's contribution would continue up to the
ESI contribution cycle defined by law.
This is the maximum limit you are eligible for. You may choose any of the following
optional components under 'Other Allowance & Reimbursements' Non taxable components
(except Meal Coupons) would be paid based on a claim by employee through payroll.
Taxable component would be paid on a monthly basis. All payments will be based on
Company's policies.

Regd. Office No. 1 4, Rajiv Gandhi lnfolech Park, Hinjawadi Phase lll, MIDC -SEz, Mllage Man, Taluka Mulshi, Pune - 41 1 057, Maharashtra, tndia.
TeL +91 20 5699 1000 | Fax +91 20 5599 5050 | CIN: U85 f 1 0PN1993P1C145950
D.) The following elements are included in the compensation package stated above: 1fi
1. Provident Fund- You will be covered underthe Capgemini Technology Services India lF
Limited Employees'Provident Fund (PF) scheme wherein, the Company will contribute
towards PF at the statutory rate as may be defined by the government from time to time.
Your contribution and the Company's contribution have been included as a part of the
above-mentioned com pensation.
2. Gratuitv- Upon cessation of employment after completion of continuous service of at least
five (5) years with the Company, yoU will be eligible for gratuity as per the Payment of
Gratuity Act. The amount towards gratuity accrual forms a part of the above-mentioned
compensation.
3. ESIC- In the event you are eligible, you will be covered under the Employees'State
Insurance Act wherein, the Company will contribute towards ESIC at the statutory rate,
Your contribution and the Company's contribution form a part of the above-mentioned
com pensation.
NOTE:
a.)
All statutory payments are demonstrated based on current applicable practice and
law and may be sub;ect to changes based on changes in law from time to time.
Further, any changes/modification to statutory payments, due to change and/or
amendment in law, shall not be treated as change in service condition(s) and
therefore no notice of such change will be provided to you. However, Company shall
endeavor to inform you, via separate communication, about any
changes/modification to statutory payment.
E.) As an employee of the Company, you shall be entitled to the following benefits subject to
any change made by the Company from time to time:
1. Group Medical Insurance- In accordance with the Company's policy, you and your
immediate family (as defined in the Company's policy) shall be covered under the Medical
Insurance policy held by the Company. Additionally, if you are required to travel abroad,
you may be covered under the Company's Overseas Medical Insurance Policy.
2. Group Personal Accident Insurance- You shall be covered under the Personal Accident
Insurance Policy held by the Company,
3. Group Term Life Insurance- You shall also be covered under the Group Term Life
Insurance Policy held by the Company.
4. Transport Facilitv- Bus transport facility may be available, by paying nominal charges as
per Company's policy, on various routes at different Company locations. If you opt for the
facility, the applicable charges will be deducted from your salary in the monthly payroll,
5. Annual Leave/Public Holidavs- You will be eligible for annual leaves and public holidays as
determined by the Company's Leave Policy which is subject to change from time to time.
If you become indebted to the Company for any reason, the CompanY maY, if it so elects, set off any
sum due to the Company from you against the compensation payable to you and collect any
remaining balance from you.

F.) Probationary Period:


1, You will be on probation for period of six months from your date of joining the Company
and continuity of your employment with the Company is dependent on confirmation of
your employment.The Company reserves the right to revise the probation period
depending on your performance and/or other consideration.
2, At any time during your probation period the Company may confirm your employment by
way of a written communication, if your performance is found to be satisfactory. Your
probation shall be deemed extended, for a period not exceeding 30 days, in a situation
where you do not receive the aforesaid written communication from the Company.

Regd. Ofrice No. 14, Rajiv Gandhi lntotech Park, Hinjawadi Phase lll, MIDC -SEz, Mttage Man, Taluka Mulshi, Pune - 41 105?, Maharashtra, tndia.
Tel: +91 20 6599 1000 | Fax +91 20 5599 5050 I CtN: U851 t0PN1993P1C145950
Performance Review: You will be eligible to participate in Company's pefformance review
G.) process as per Company policy.

H.) Conditions of hire:


1. Your employment with the Company will be subject to the following pre-conditions:
a. You will submit relevant documents as mandated by the Company;
b. You obtain requisite certification or complete mandated assessments which are basis
for offering you employment opportunity with the Company;

c. You obtain a clear discharge and/or relieving letter from your most recent employer
(prior to joining the Company). Nevertheless you must submit a clear discharge
and/or relieving letter within fifteen (15) days of joining the Company;
d, You represent that acceptance of employment with the Company does not breach
any terms/provisions of your previous employment agreement or any other
agreement to which you are bound.
e, You acknowledge that the Company has offered you employment based on the fact
that there are no pending claims, actions, suits or proceedings against you which
might reasonably be expected to have an adverse effect on your ability to perform
your duties hereunder and/or upon the Company.
f. You provide two satisfactory references, one being from your most recent employer
(prior to joining Capgemini);
S. Your background verification check (including address, academics, employment,
criminal etc as applicable) conducted by the Company is cleared; and
h. You represent that you have not been involved in any fraud, unethical and/or
immoral acts, departmental inquiry in your previous employment(s) and/or
been part of any pending investigation (whether judicial, quasi-judicial or
otherwise) which you have not disclosed from the Company priorto your joining.
2. Your employment is inter alia based on the information furnished by you to the Company
including declarations and undertakings thereto. If at any time during your employment
with the Company, the Company discovers that you have furnished any false, fake,
forged information (including documentation) for securing employment with the
Company or otherwise, the Company reserves the right to take disciplinary action
against you, including, but not limited to, right to terminate your employment without
notice and your employment with the Company will be void ab-initio.
r) Your employment with the Company will also be governed by the terms and conditions of
employment contained in Exhibit I attached hereto.
r) The Company's address for sending notice in relation to your employment is as below:
Kind Attn: Head - Human Resources
Address: Capgemini Technology Services India Limited,
Capgemini Knowledge Park, IT 3lT 4, SEZ, 400 7QB,
Thane-Belapur Rd, TTC Industrial Area,
Airoli, Navi Mumbai,
Maharashtra 40070
Email: hrem ployeeservices. in @capgem ini. com

Regd. Offlce No. 14 Rajiv Gandhi lnfotech Parh Hinjawadi Phase lll, MIDC -sEZ, Mllage Man, Tatuka Mulshi, Pune - 41 1057, Maharashtra, lndia.
TeL +91 20 6699 1000 I Fax +91 20 5599 5050 | CIN: U851 10PN1993p1C145950
You are required to treat this letter and its contents as strictly confidential and should not disclose
the same to any person or entity (except to your advisors, attorneys and accountants, for seeking
their advice) without our prior written consent.

At Capgemini, one of our goals is to afford all our people the opportunity to pursue their careers, to
achieve their personal best, and to balance their personal and professional goals. Capgemini values
your abilities and believes it can provide you with an atmosphere in which you can develop your
professional talents to the fullest.

As a token of your acceptance of our offer of employment with the Company, please sign in the space
provided below and return a duplication version of this letter immediately to us within fifteen (15)
days from the date of this letter. Our offer shall automatically lapse unless (i) you confirm your
acceptance of it and return a copy to us within the prescribed time and (ii) you join us on or before
your date of joining stated in this Employment Offer Letter.

For Capgemini Technology Services India Limited

Head - Talent Acquisition & Resourcing


Jaideep Chavan
Acceotance

I have read and understood the contents of this Employment Offer Letter and Exhibits hereto
(herelnafter'Letter') and accept all the terms and conditions of this Letter in its totality. I confirm
that there are no other oral/written understandings other than as detailed herein between me and
Capgemini Technology Services India Limited.

This Letter supersedes all previous agreements (written or oral) between the parties in relation to the
subject-matter, I confirm that I am not breaching any terms or provisions of any prior agreement or
arrangement by accepting this offer.
PUNEETH B.N
Date: 0t/31/2019

Regd. office No. 14, Rajiv Gandhi lnFotech Par( Hinjawadi Phase lll, MlDc-sEz, Vitlage Man, Tatuka Mutshi, Pune - 41 1057, Maharashtra, lndia.
Tel: +91 20 6699 1000 | Fax: +91 20 6699 5050 I CIN: U851 10PN1 993P1C145950
EXHIBIT I
Terms.& Conditions of Emplovlnent with CapgeminiTechnqlogy Services India Limited
I. CURRENT WORK LOCATION:
1,1 CapgeminiTechnology Services India Limited ("Capgemini" or "Company") may require you
to work at other Company locations and/or on customers' sites both, within or outside India. The
Company shall seek to give you reasonable notice of extensive travel requirements, and to take into
account your personal circumstances where appropriate,
L,2 Depending upon exigencies of business you may be transferred/deputed, at Company's sole
discretion, within India or outside by the Company in any capacity as the Company may desire from
time to time, from:
a) one location to another; or
b) one team/department/account/function/Business Unit to another; or
c) one projectfob to another; or
d) the Company to any other group entity or affiliate or any other business associate as the
Company may deem appropriate from time to time.
1.3 Such transfer/deputation/assignment/relocation shall not entitle you to ask for revision in your
salary or any terms or conditions of your service. The Company does not guarantee the continuation
of any benefits or perquisite at the new location. In all such cases of
transfer/deputation/assignment/relocation you will be governed by the relocation policies and policies
of the Company existing at that time, Consequent to such transfer/deputation/assignment/relocation,
you will be governed by the terms and conditions of service as applicable to your category of
employees in the new location (which includes but is not limited to office days/hours and holidays).
2, DUTIES AND RESPONSIBILITIES:
2.1 You shall devote your skill, knowledge and working time to the conscientious performance of
your duties and responsibilities towards the Company. You shall perform your duties with diligence,
devotion and discretion. You shall comply with all directions given to you by your reporting
manager/supervisor and shall faithfully observe all the rules, regulations and Company policies.
Further, the Company m6y, at any time, in its sole discretion, suitably modify your roles,
responsibilities and duties,
3. COMPENSATION:
3,1 Your all-inclusive annual target compensation and corresponding details are provided in the
Employment offer letter,

Regd. OFfice No. 14, Rajiv Gandhi lnfotech Park, Hinjawadi Phase lll, MlDc-sEz, Vitlage Man, Taluka Mulshi, Pune - 41 1057, Mahatashtra, lndia.
TeL +91 20 5599 1000 | Fax +91 20 5599 5050 | CIN: UBsl 1oPN1993P1c145950
4, TRAINING: I

4.L During the term of your employment, the Company may offer you an opportunity to undergo
certain specialized training, certification and/or skill upgradation from time to time, which shall inter
alia enhance your career opportunities at the Company and otherwise. In case you accept the
Company's offer for training, the Company is likely to incur expenses including in relation to training
costs, course fees, recruitment and induction costs, salary and benefits during training period,
opportunity loss, etc, Depending on the nature of training/certification and corresponding cost and
expenses, the Company may require you to execute training agreement with the Company for a
specific period (which will be indicated to you at that time) in consideration of the cost the Company
would be incurring for such training/certification. Under such training agreement, you shall agree to
inter alia serve a minimum term of employment with the Company, failing which you will be required
to reimburse the Company for the cost of training/certification identified in the training agreement
and any other costs related to the training/certification.
5. COVENANTS AND REPRESENTATIONS:
5.1 You also agree that during the term of your employment with the Company and for twelve (12)
months after the cessation of employment, regardless of the reason of cessation of employment, you
will not:
a.)
directly or indirectly, on your own behalf or on behalf of or in conjunction with any
person or legal entity, recruit, hire, solicit, or induce, or attempt to recruit, hire, solicit,
or induce, any employee of the Company with whom you had dealings, personal contact
or supervised while performing your duties or otherwise, to terminate their employment
relationship with the Company;
b) directly or indirectly, solicit or attempt to solicit business, customers or suppliers of the
Company or of its affiliates;
c.) directly or indirectly, solicit or attempt to solicit or undertake employment with any
client of the Company or any organization where you have been taken or sent for
training, deputation or secondment or professional work by the Company; and
d.) provide or attempt to provide professional services similar to those provided by the
Company to its current or prospective customers, with whom you (i) had business
interactions or any other dealings on behalf of the Company during your employment
with the Company and/or (ii) had been directly associated with the customer in relation
to a project.
5.2 You and the Company acknowledge and agree that the duration and scope of the Covenants
contained herein are farr and reasonable. Accordingly, you and the Company agree that, in the event
that any of the covenants contained herein are nevertheless determined by a judicial or quasi judicial
body to be unenforceable because of the duration or scope thereof, the judicial or quasi judicial body
making such determination may reduce such duration and/or scope to the extent necessary to enable
such ludicial or quasi judicial body to determine that such covenant is reasonable and enforceable,
and to enforce such covenant as so amended
5.3 You will also be governed by all applicable rules, processes, procedures, and policies (including
but not limited to Information Security Management System (ISMS) policies and procedures, Code of
Business Ethics of the Company, which are not specifically mentioned in this Letter. The applicable
rules/processes/procedures/policies are available on the Company's Intranet and you are expected to
go through the same carefully. For any clarification in relation to applicable
rules/processes/procedures/policies, please get in touch with concerned department. If at anytime
during your employment with the Company, you are found in violation of any applicable rules,
processes, procedures, or policies of the Company, the Company reserves the rlght to take
disciplinary action against you, including right to terminate your employment without notice.
5.4 Capgemini prides itself as a company with the highest order of ethical conduct in its dealings
with employees, customers, service provider, agents, governments or any other third party. It is
important that you fully understand this philosophy and the relevant policies. If at anytime during
your employment with the Company, you are found to be in violation of such policy and/or generally
accepted ethical/moral standards, the Company reserves the right to take disciplinary action against
you, including right to terminate your employment without notice.

Regd. Office No. 1 4, Rajiv Gandhi lnfotech Park, Hinjawadi Phase lll, MIDC -SEZ, Vittage Man, Tatuka Mulshi, Pune - 41 1 057, Maharashtra, India.
Tet: +91 20 6699 1000 | Fax: +91 20 6699 5050 | CIN: U851 10PN1993P1C145950
a
5.5 You declare that you are medically fit to carry out the duties expected of you by the Company.
You represent that you have no communicable disease and you are not addicted to drugs or any other
substance of abuse. During the term of your employment with the Company, you are required to be
medically fit to perform the duties assigned to you from time to time. As to whether you are medically
fit, is an issue which will be professionally determined by the Company and you shall be bound by
such determination. The Company may require you to undergo periodical medical examination as and
when intimated to you by the Company,
5.6 You represent that you are not in breach of any contract with any third party or restricted in any
way in your ability to undertake or perform your duties towards the Company. You covenant that you
will be fully responsible for any personal liabilities that may arise as the result of an agreement or
arrangement between you and any third party and that the Company will in no way be concerned
with such liabilities.
5.7 You will at all times maintain your ability to be employable and in the event of any change in
your personal circumstances resulting in possible alteration to the employability status, you will keep
the Company informed in writing about such change.
5.8 During your employment with the Company, to meet the exigencies of business, the Company
may required you to (i) work on any project that you are assigned to, on any technical
platforms/skills and nature of the pro;ect or (ii) work night hours or (iii) work in shifts (including night
sh ifts).
5.9 Regardless of any secondment to any of the Company's affiliated entity/business associate/jolnt
venture or where you may be required to work overseas for any such entity for an extensive period,
you shall at all times remain an employee of the Company exclusively and shall not be entitled to any
such foreign salary or benefits (including medical insurance, green card sponsorship, etc.) payable or
applicable to employees of such other Capgemini entities other than the salary and benefits specified
in the Employment Letter and/or the salary and benefits that may be determined by Capgemini and
communicated to you in writing.
5.10 Unless specifically authorized by the Company in writing, you shall not sign any contract or
agreement that binds the Company or creates any obligation (financial or otherwise) upon the
Company, You shall also not enter into any commitments or dealings on behalf of the Company for
which you have no express authority nor alter or be a party to any alteration of any principle or policy
of the Company or exceed the authority or discretion vested in you without the previous sanction of
the Company.
5.11 During the period of employment, you agree not to draw, accept or endorse any cheque or bill
on behalf of the Company or, in any way, pledge the Company's credit except so far as you may have
been authorized by the Company to do so, either generally or in any particular case.
5.12 During the term of your employment, you shall not communicate with the media or with
journalists in relation to the Company or its affairs, without obtaining a specific prior written
permission from the Company.

Regd. Office No. 1 4, Rajtu candhl lnfohech Pa*, Hinjawadi Phase lll, MIDC -5E2, Mltage Man, Taluka Mulshi, Pune - 41 1 057, Maharashtra, lndia.
Tek +91 20 6699 1000 | Fax +91 20 6699 5050 | clN: U851 10PN1993P1C145950
5.13 You acknowledge and provide your consent vide Consent Letter for use of personal information
including Sensitive Personal Data or Information ("SPDI") to the Company (a) to share your sensitive
personal data or information about you and/or your dependents (wherever applicable) provided to
the Company with third parties for purposes deemed appropriate by the Company from time to time;
(b) to share information about you with affiiiates of the Company for administrative purposes/audit
and with clients/prospects in relation to any staff augmentation requirements; (c) to treat any
personal data to which you have access in the course of your employment strictly in accordance with
Company policies and not using any such data other than in connection with and except to the extent
necessary for the purposes for which it was disclosed to you. You further acknowledge and consent
for use of your personal images and voices in marketing material, videos, etc; and confirm that you
have read and understood the Company's Privacy Policy in relation to the collection, processing, use,
storage and transfer of SPDI and you agree to the terms thereof.
5.14 You agree to comply with all laws, ordinances, regulations applicable in relation to your
employment with the Company including but not limited to the anti-corruption laws, anti bribery laws
such as Prevention of Corruption Act, 19BB of India, the Foreign Corrupt Practices Act, t977 of the
United States and the Bribery Act 2010 of the United Kingdom and/or data privacy laws. Without
limiting the generality of the foregoing, you represent and covenant that you have not, and shall not,
at any time, during your employment with the Company, pdy, give, or offer or promise to pay or give,
any money or any other thing of value, directly or indirectiy, to, or for the benefit of: (i) any public
servant, government official, political party or candidate for political office; or (ii) any other person,
firm, corporation or other entity, with knowledge that some, or all of that money, or other thing of
value will be paid, given, offered or promised to a public servant, government official, political pafty
or candidate for political office, for the purpose of obtaining or retaining any business, or to obtain
any other unfair advantage, in connection with the Company's business.
5.15 You hereby represent to the Company that:
a.) you are legally permitted to reside and be employed in India;
b.) you have reviewed these terms and conditions and that you understand the terms,
purposes and effects of the same;
c.) you have accepted these terms and conditions only after having had the opportunity to
seek clarifications;
d.) you have not been sub.lected to duress or undue influence of any kind to accept these
terms and conditions and these terms and conditions will not impose an undue hardship
upon you;
e,) you have accepted these terms and conditions of your own free will and without relying
upon any statements made by the Company or any of its representatives, agents or
employees; and
f.) you have all requisite power and authority, and do not require the consent of any third
party to accept our offer.
6. CONFIDENTIALITY:
6.1 This is a hrghly Confidential and Private document. You are required to maintain, at all times,
the confidentiality and ensure that the contents or details of this Letter are not shared with anyone.

Regd. Office No. '14, Rajiv candhi lnfotech Parl( Hinjawadi Phase lll, MlDc-SEz, Vitlage Man, Taluka Mulshi, Pune - 41 1057, Maharashtra, lndia.
6699'1000 | Fax +91 20 6699 5050 | CIN: U851 1oPN'l 993P1C145950
Te{: +9rl 20
a
6.2 You are aware that in the course of your employment with the Company, you shall have access
to Confidential Information. "Confidentia! Information" shall mean and include, but not limited to,
proprietary, confidential, sensitive, personal information about inventions, products, designs,
methods, know-how, techniques, trade secrets, systems, processes, strategies, software programs/
content, data, techniques, plans, designs, programs, customer information, works of authorship,
intellectual property rights, customer lists, employee lists and any other personally identifiable
information about any employee of the Company or its affiliate or personally identifiable information
of its customers or clients of its customers, user lists, vendor lists, content provider lists, suppiier
lists, pricing information, projects, budgets, plans, projections, forecasts, financial information and
proposals, intellectual property, terms of this Letter and any other information which due to the
nature or character of such information, any prudent person might reasonably under similar
circumstances treat such as confidential or would expect the Company to regard such information as
Confidential, all regardless as to whether such information is in written form or electronic form or
disclosed orally before or after the date hereof.
6.3 You agree that you may receive in strict confidence all Confidential Information of the Company,
its affiliates or its clients or prospective clients of the Company or its affiliates. You further agree to
maintain and to assist the Company in maintaining the confidentiality of all such Confidential
Information, and to prevent it from any unauthorized use.
6.4 You agree and confirm that, you will, at all times:
a) maintain in confidence all such Confidential Information and will not use such Confidential
Information other than as necessary to carry out the purpose for which it was shared with
you;
b) not disclose, divulge, display, publish, or disseminate any such Confidential Information to
any person except with the Company's prior written consent;
c) treat all such Confidential Information with the same degree of care that you accord to
your own confidential information, but in no case less than reasonable care;
d) prevent the unauthorized use, dissemination or publication of such Confidential
Information;
e) not copy or reproduce any such Confidential Information except as is reasonably necessary
for the purpose for which it was shared with you;
f) not share such Confidential Information with any third party (specifically those person who
are in the same field of activities as that of the Company or are in direct or indirect
competition to the Company);
S) not use such Confidential Information in any way so as to procure any commercial
advantage for yourself or for any third party or in a manner that is directly or indirectly
detrimental to the Company;
h)
neither obtain nor claim any ownership interest in any knowledge or information obtained
from such Confidential Information; and
i) not use or attempt to use any such Confidential Information in any manner that may harm
or cause loss or may be reasonably expected to harm or cause loss, whether directly or
indirectly, to the Company, its affiliates or its customers.
6.5 All such Confidential Information shall remain the sole and excluslve property of the Company,
and no license, interest or rights (including, without limitation, any intellectual property rights) to
such Confidential Information, or any copy, portion or embodiment thereof, is granted or implied to
be granted. Nothing in this Letter shall limit in any way the Company's right to develop, use, license,
create derivative works of, or otherwise exploit its own Confidential Information.
6.6 You shall be under no obligation of maintaining confidentiality of such Confidential Information
as per provisions of this clause if the information:
a) was in your possession before receiving the same from the Company pursuant to this
Lette r;
b) is or becomes a matter of public knowledge through no fault of yours; or
c) is rightfully received by you from a third party without a duty of confidentiality,

Regd. Office No. 14, Rajiv Gandhi lnfotech Park Hinjawadi Phase lll, MIDC-SEz, Viltage Man, Taluka Mulshi, Pune - 41 1057, Maharashtra, lndia.
TeL +91 20 6699 1000 | Fax +91 20 6699 5050 | CIN: U851 10PN1993P1C145950
6.7 If you are served with a court or governmental order requiring disclosure of any part of such
Confidential Information, you shall, unless prohibited by law, promptly notify the Company before any
disclosure and cooperate fully (reasonable expense to be borne by the Company) with Company and
its legal counsel in opposing, seeking a protective order or limit, or appealing any such subpoena,
legal process, request or order to the extent deemed appropriate by the Company.
6.8 Upon cessation of your employment with the Company or on a written request of the Company,
whichever is earlier, you shall return or destroy (at the Company's option) any part of such
Confidential Information that consists of original, and copies of, source material provided to you and
still in your possession and, if requested by the Company, shall provide written confirmation to the
Company to that effect.
6.9 You shall not, whether during your employment and/or after cessation of your employment, for
whatever reason, use, disclose, divulge, publish or distribute to any person or entity, otherwise than
as necessary for the proper performance of your duties and responsibilities under this Letter, or as
required by law, any confidential information, messages, data or trade secrets acquired by you in the
course of your employment with the Company.
6.10 If you are found to be in breach of this clause, the Company reserves the right to take
disciplinary action against you, including right to terminate your employment without notice.
6.11 You shall maintain the confidentiality of all price sensitive information and shall handle all such
information on a strict'need to know'basis i.e. disclose only to those within the Company who need
the information to discharge their duty. You shall not pass on such information to any person directly
or indirectly by way of making a recommendation for the purchase or sale of securities. Further,
during your employment, you shall be subject to applicable trading restrictions e.g. when the trading
window is closed, you shall not trade in the Company or any of its affiliates'securities during such
pe ri od.
7. INTELLECTUALPROPERTY:
7.7 "Intellectual Property Rights" shall mean all industrial and intellectual propefty rights
(including both economic and moral rights), including, without Iimitation, patents, patent applications,
patent rights, trademarks, trademark applications, trade names/ service marks, service mark
applications, copyrights, copyright applications, databases, algorithms, manuscripts, computer
programs and other software, know-how, trade secrets, proprietary processes and formulae,
inventions, trade dress, logos, design and all documentation and media constituting, describing or
relating to the above.
7.2 You represent that all services performed by you for the Company shall be your original work
and shall not incorporate any third party materials or work in which you or any third party asserts an
ownership interest or Intellectual Property Right. Provided that in the event the Company is held
liable or is faced with a claim for your violation of any Intellectual Property Rights belonging to a third
party, you undertake to indemnify the Company (and/or any of its affiliates, as the case may be)
against any and all losses, liabilities, claims, actions, costs and expenses, including reasonable
attorney's fees and court fees resulting there from,
7.3 1f at any time during your employment with the Company, you (either alone or with others)
whether or not during normal business hours or arising in the scope of your duties of employment
make, conceive, create, discover, invent or reduce to practice any invention, modification, discovery,
design, development, improvement, process, software program/ work of authorship, documentation,
formula, data, technique, know-how, trade secret or any Intellectual Property Right whatsoever
(including all work in progress) or any interest therein (whether or not patentable or registrable under
copyright, trademark or similar statutes or subject to analogous protection)
(collectively'Developments' ) that:
a) relates to the business of the Company (or its affiliate), or to its customers or suppliers, or
to any of the products or services being developed, manufactured, sold or provided by the
Company (or any of its affiliate) or which may be used in relation therewith;
b) results from tasks assigned to you by the Company; or
c) results from the use of premises or personal property (whether tangible or intangible)
loaned, eased or contracted for by the Company or its affiliate,

Regd. Office No. 1 4 Rajiv Gandhi lnfotech Parl( Hinjawadi Phase lll, MIDC -SE, Mllage Man, Taluka Mulshi, Pune - 41 1 057. Maharashtra. lndia.
TeL +9d 20 6699 1000 | Fax +91 20 5699 5050 | CIN: U851 1 oPNl 993P1C145950
a
such Developments (including all work in progress) and the benefits thereof shall immediately
become the sole and absolute property of the Company, as works made for hire or otherwise, and
you shall immediately disclose to the Company, without cost or delay and without communicating to
others the same, each such Development and all available information relating thereto (with all
necessary plans and models),
f .4 You hereby irrevocably, absolutely and perpetually assign any and all rights (including any
Intellectual Property Rights) you may have or acquire in the Developments and all benefits and/or
rights resulting there from to the Company and its assigns without additional compensation on
worldwide basis. You acknowledge that the salary and other payments receivable by you from the
Company is adequate compensation for such assignment. You hereby waive and quitclaim to the
Company any and all claims of any nature whatsoever that you may now have or may hereafter have
in and to the Developments (including all work in progress).
7.5 All such assignment of rights shall be perpetual irrevocable, universal and shall not lapse, even if
the Company fails at any time to commercially exploit any such Developments. Notwithstanding the
provisions of Section 19(4) of the Copyright Act, 1957, any assignment in so far as it relates to
copyrightable material shall not lapse nor the rights transferred therein revert to you, even if the
Company does not exercise the rights under the assignment within a period of one year from the date
of assignment. You hereby agree to waive any right to and refrain from raising any objection or
claims to the Copyright Board with respect to any assignment, pursuant to Section 19A of the
Copyright Act, 1957. You further agree to assist and cooperate with the Company in perfecting the
Company's rights in any of the Developments.
7.6 Any assignment of copyright hereunder (and any ownership of a copyright as a work made for
hire) includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that
may be known as or referred to as'moral rights'(collectively'Moral Rights'). If, you are deemed
under applicable law to retain any rights in any Developments, including without limitation any Moral
Rights, you hereby waive, and agree to waive, all such rights. To the extent that such waivers are
deemed unenforceable under applicable law, you grant, and agree to grant, to the Company or its
assigns the exclusive, perpetual, irrevocable, universal and royalty-free license to use, modify and
market the Development, without identifying you or seeking your consent.
7.7 If you are not employed with the Company at the time when the Company requests your
assistance in connection with the foregoing, the Company will pay you for your reasonable time
expended in complying with the above terms at an hourly rate equal to the effective hourly rate at
which you were paid the Company immediately prior to your termination as an employee.

Regd. Office No. 14, Rajiv candhi lntotech Park Hinjawadi Phase lll, MIDC -SEZ, Vi[age Man, Tatuka Mulshi, Pune - 41 1 057, Maharashtra, lndia.
Tet: +9d 20 6699 1000 | Fax +91 20 5599 5050 | CIN: U851 10PN1993P1C145950
a
7.8 Should the Company be unable to secure the signature on any document necessary to apply for,
prosecute, obtain, protect or enforce any Intellectual Property Rights, due to any cause, you hereby
irrevocably designate and appoint the Company and each of its duly authorized officers and agents as
your agent and attorneys to do all lawfully permitted acts to further the prosecution, issuance, and
enforcement of the Intellectual Property Rights or protection in respect of the Developments, with the
same force and effect as if executed and delivered by you.
7.9 Notwithstanding the foregoing, you will also be bound by Capgemini's policy with respect to
Intel lectual Property.
8. CONFLICT OF INTEREST:
8.1 During your employment, you will not, directly or indirectly, whether alone or as a partner joint
venture, officer, director, employee, consultant, agent, independent contractor or stockholder of any
company, business or other commercial enterprise: (i) engage in any business activity similar in
nature to any business conducted or planned by the Company, or (ii) compete in any way with
products or services being developed, marketed, distributed or otherwise provided by the Company.
8.2 You shall not undertake, whether directly or indirectly any full time or part time employment or
operate or manage business of any kind whatsoever, so long as you are in employment with the
Company.
8.3 During you employment if you become aware of any potential or actual conflict between your
interests and those of the Company, then you shall immediately inform the Company about such
conflict. Where the Company is of the opinion that such a conflict does or could exist, it may direct
you to take appropriate action(s) to resolve such a conflict, and you shall comply with such
i nstructi ons.
8.4 During the course of your employment, you shall not, either directly or indirectly, receive or
accept for your own benefit or the benefit of any person or entity other than the Company any
gratuity, emolument, or payment of any kind from any person having or intending to have any
business with the Company.
8.5 To perform your duties towards the Company, you will have access to email, internet, Company
assets (desktop, laptop, mobile phones etc.) and other Company infrastructure. You shall ensure that
at all times your use of such facilities meets the ethical and social standards of the workplace.
Further, your use of such facilities must not interfere with your duties and must not be illegal or
contrary to the interests of the Company,
9. RETIREMENT/TERMINATION:
a. ) Retirement
(i) You will automatically retire from employment with the Company on the last day of the
month in which you complete sixty (60) years of age. It is hereby clarified that the
Company reserves it right to change the retirement age.
b.) NoticePeriod/Termination
(i) During the probation period, your employment with the Company may be terminated (i)
by you, upon giving the Company three months'written notice or at the Company's
discretion, payment of gross salary in lieu of notice or (ii) by the Company, upon giving
you two months' written notice or payment of gross salary in lieu thereof.
Upon confirmation, your employment with the Company may be terminated (i) by you,
upon giving the Company three months'written notice or at the Company's discretion,
payment of gross salary in lieu of notrce or (ii) by the Company/ upon giving you three
months'written notice or payment of gross salary in lieu thereof.

Regd. Office No. 14, Rajiv Gandhi lnfotech Park Hinjawadi Phase lll, MIDC -SEZ, Mltage Man, Tatuka Mulshi, Pune - 41 1057, Maharashtra, lndia.
TeL+9{ 20 6599 1000 I Fax +91 20 5599 5050 | CIN: U851 1oPN 1993P1C145950
(ii) Notwithstanding anything to the contrary, the Company reserves the right to relieve you
from services of the Company only upon your satisfactory handover of all the duties and
responsibilities assigned to you (including but not limited to any knowledge transfer and
serving the notice period conditions).
(iii) Notwithstanding the aforesaid or anything else to the contrary, the Company may
suspend, dismiss, discharge orterminate your employment with immediate effect by a
notice in writing (without salary in lieu of notice), in the event of (i) fraudulent, dishonest
or undisciplined conduct by you, (ii) you committing a breach of integrity, or
embezzlement, or misappropriation or misuse or causing damage to the Company's
asset/property, (iii) your insubordination or failure to comply with the directions given to
you by persons so authorized, (iv) your insolvency or conviction for any offence involving
moral turpitude, (v) your breach of any terms or conditions of this Letter or the Company's
policies or other documents or directions of the Company, (vi) you going on or abetting a
strike in contravention of any law for the time being in force, (vii) you conducting yourself
in a manner which is regarded by the Company as prejudicial to its own interests or to the
interests of its clients or (viii) misconduct by you as provided under the Iabour laws and/or
in the Company policies.
(iv) In the event of willful neglect or breach of any of the terms hereof or refusal on your part
to carry out the lawful instructions of any authorized officer of the Company or being guilty
of misconduct, the Company may terminate your employment forthwith without notice and
with no obligation to pay you any compensation.
(v) in case you absent yourself from duty continuously, without prior authorization, for ten
(10) consecutive calendar days or more you shall be deemed to have left and relinquished
the service on your own accord and such relinquishment of service shall be deemed as a
repudiation of your employment. In such circumstances, the Company will have the
discretion of (a) adjusting salary against the notice period of such abandonment and
recover any outstanding dues towards payable to the Company; and (b) presume that you
have voluntarily abandoned the services of the Company and strike off your name from
the Company's payroll.
c.) Effects of Cessation of Employment
(i) Upon cessation of your employment with the Company (whether by virtue of
termination/resignation/retirement), you will immediately return to the Company all of the
Company's Confidential Information, tools, assets, accessories, formulae, documents,
specifications, books etc. in your custody, care of charge and obtain clearance certificate
from the relevant person/office/department, on production of which alone your dues, if
any, will be settled by the Company, failing which the Company reserves the right to
adjust the dues against any amounts payable to you or separately claim the same from
you or use available legal remedies to recover the assets or any other amount due to the
Company.
(ii) If any Letter of Authority or Power of Attorney is issued to you, you will undertake to
return it on demand or immediately upon cessation of your employment with the
Company.
(rii) Upon cessation of your employment with the Company, the Company may require you to
sign appropriate release terms wrthout any additional compensation.
10. LIMITATION OF LIABILITY AND INDEMNITY:
10.1 Neither party shall be liable to the other party for any indirect, incidental, contingent,
consequential, punitive, exemplary, special or similar damages, including but not limited to, loss of
profits or loss of data, whether incurred as a result of negligence or otherwise, irrespective of whether
either party has been advised of the possibility of the incurrence by the other Party of any such
damages.
10.2 The Company's liability arising out of or in connection with this Letter, whether based in
contract, tort (including negligence and strict liability) or otherwise, shall not exceed the amount paid
by the Company to you for a period of three (3) months preceding the cause of action.

Regd. OFfice No. 14, Rajiv Gandhi InfoLech Park, Hinjawadi Phase lll, MlDc -SEz, Vittage Man, Taluka Mulshi, Pune - 4 l 1 057, Maharashtra, lndia.
TeL +91 20 5699 1000 I Fax +9 1 20 6699 5050 | CIN: U851 10PN1 993P1C145950
a
f 0.3 Notwithstanding anything to the contrary contained herein, you shall indemnify and keep
indemnified the Company, its directors, officers and employees from and against all claims, demands,
actions, suits and proceedings (including any losses, damages, costs, charges and expenses),
whatsoever that may be brought or made against the Company by any third party as a result of any
act or omission, non-performance or non-observance by you of any of the terms and conditions of
this Letter and/or arising from your failure to comply to any statute or enactment/s (including but not
limited anti-bribery laws and data protection laws),
11. MISCELLANEOUS:
11.1 Notice; All notices to you in relation to your employment shall be in writing and in English
language and shall be served either by hand delivery or by sending the same by registered post or by
email (as per Company records) or by courier or by speed post addressed to the address mentioned
hereinabove. It will be your responsibility to inform the Company of any change in your address and
contact details including telephone numbers, personal email addresses etc.
All notices to the Company in relation to your employment shall be in writing and in English language
and shall be served either by hand delivery or by sending the same by registered post or by courier
or by speed post addressed to the Company's office address referred in the Employment Letter or by
email with a physical copy by any of the abovementioned ways.
t1.2 Severability: The parties acknowledge and agree that if any of the provision of this Letter is
deemed invalid, void, illegal, and unenforceable that provision stands severed from this Letter and
the remaining provisions of this Letter shall remain valid and enforceable.
11.3 Publicity: You shall not use the name and/or trademark/logo of Capgemini, its group
companies, subsidiaries or associates before media (irrespective of the form whether print, audio
visual, electronic etc.) in any other manner which is detrimental to the interest, image and goodwill of
the Company and its affiliates without prior written consent of the Company. In the event you intend
to share/disclose article which includes any information about the Company or its affiliates/customers
for possible publication or dissemination outside the Capgemini group, you agree to inform the
Company and obtain its prior written consent on the article you wish to disclose. Further, you agree
to make such modifications/deletions/revisions to the article as are requested by the Company to
protect its property/i nterestlreputation.
1,t,4 Non-Disparagement: During the term of your employment with the Company and at all times
thereafter, you will not make any false, defamatory or disparaging statements about the Company, or
the employees, officers or directors of the Company that are reasonabiy likely to cause damage to
any such entity or person.

Regd. Office No. '14, Rajiv Gandhi lnfotech Park, Hinjawadi Phase lll, MIDC-SEZ, Viltage Man, Taluka Mulshi, Pune - 41 1057, Maharashtra, India.
+9t 20 6699'1000 | Fax +91 20 5599 5050 | CIN: U851 10PN1993P1C145950
Tet:
11.5 Waiver: No delay or failure of any party in exercising or enforcing any of its rights or remedies
whatsoever shall operate as a waiver of those rights or remedies or so as to preclude or impair the
exercise or enforcement of those rights or remedies. No single or partial exercise or enforcement of
any right or remedy by any party shall preclude or impair any other or further exercise or
enforcement of that right or remedy by that Party. Save as expressly provided in this Letter neither
party shall be deemed to have waived any of its rights or remedies whatsoever unless the waiver is
made in writing, signed by a duly authorized representative of that party and may be given subject to
any conditions thought fit by the grantor. Unless otherwise expressly stated any waiver shall be
effective only in the instance and for the purpose for which it is give

11.6 Integration:This Letter alongwith its Exhibit constitutes the entire understanding between the
parties and supersedes all previous agreements (written or oral) between the Parties in relation to its
su b;ect-matter.

It.7 Survival:C|auses5.1,5.13,6,7,9(c), 10, 11.1, 17.7,71.8 and ll.9andanyotherclause


which by its nature is expected to survive shall all survive the expiry/termination (for whatever
reason) of the Letter and shall continue to apply.

11.8 Dispute Resolution/Governing Law: The Parties to this Agreement shall make best efforts to
settle by mutual conciliation any claim, dispute or controversy ("Dispute") arising out of, or in
relation to, this Agreement, including any Dispute with respect to the existence or validity hereof, the
interpretation hereof, or the breach hereof. All disputes, differences and/or claims arising out of these
presents or as to the construction, meaning or effect hereof or as to the rights and liabilities of the
Parties hereunder and which cannot be settled by mutual conciliation shall be referred to Arbitration
to be held in Mumbai in English Language in accordance with the Arbitration and Conciliation Act
1996, or any statutory amendments thereof and shall be referred to a sole Arbitrator to be appointed
by Capgemini, The award of the Arbitrator shall be final and binding on Parties,

This Letter shall be governed and interpreted in accordance to the laws of India and the courts at
Mumbai only shall have exclusive ;urisdiction.

11.9 alSXls lq_LnfuXeltve Relief : You hereby expressly acknowledges that any breach or threatened
breach by you of any of your obligations set forth in this Letter and/or any of the Company policies
may result in significant and continuing in;ury and irreparable harm to Company, the monetary value
of which would be impossible to establish. Therefore, you agree that Company shall be entitled to
injunctive relief in a court of appropriate;urisdiction with respect to such provisions

Regd. Office No. 14, Rajiv Candhi lnfotech Park Hinjawadi Phase lll, MIDC -SEZ, Vittage Man, Tatuka Mulshi, Pune - 41 1 057, MaharashLra, tndia.
Tet +9120 6699 I000 I Fax +91 20 6699 5050 | CIN: U85l 10PN1993P1C145950
CONSENT LETTER
For use of Personal Information & Sensitive Personal Data or Information

siding at
do hereby provide my express consent to my employer,
Capgemini Technology Services India Limited, having its registered office at No,14, Rajiv Gandhi
Infotech Park, Hinjawadi Phase III, MIDC - SEZ, Village Man, Taluka Mulshi, Pune - 411057,
Maharashtra"(hereinafter referred to as the "Company", which expression shall unless repugnant to
the context or meaning thereof mean and include its successors, nominees, assigns and
administrators) as follows:

l. That I acknowledge and provide my consent to the Company to collect, store, process, transfer
and share my personal information and sensitive personal data or information and information
of my dependents wherever applicable, (including sensitive personal information like bank
accounts, PAN, blood group/ biometric information, medical record, email addresses etc.) for
purposes deemed appropriate by the Company from time to time, includ!ng but not limited to:
a) background verification agencies for the purpose of verifying the information submitted by
me basis which I have been made an offer of employment,
b) payroll processing agencies for processing my payroll (including reimbursement clatms),
c) law enforcement agencies,
d) to comply with a ;udicial/quasi judicial order,
e) auditor (including internal auditors, statutory auditors or Capgemini's clients or their
auditor) for the purpose of audit,
f) insurance companies for the purpose of group insurance, personal accident insurance etc.
S) service providers providing services for biometric access to office premises for
monitoring attendance,
h) foreign consulates, embassies etc and service providers (including travel agents) for the
purpose of processing of visa, work permits etc.
2. Further, I also acknowledge and provide my consent to the Company to transfer and share
(within India and outside of India) such information with:
a,) affiliates of the Company for administrative purposes and/or audit;
b.) clients/prospects in relation to any staff augmentation assignments.
3. That I agree and confirm that this consent letter shall be construed in accordance with the laws
of India and the courts in Mumbai shall have exclusive jurisdiction to adjudicate upon any
dispute that may arise in relation to this Consent Letter.
4. That should any provisions of this consent letter be held by a court of law to be illegal, invalid or
unenforceable, the legality, validity and enforceability of the remaining provisions of this
consent letter shall not be affected or impaired thereby,
5. I hereby declare that the execution of this consent letter has been done out of my own free will
and consent and without any undue force or coercion in any manner whatsoever.
6. I am aware that I have the right to access and rectify my sensitive personal data or information
provided to the Company and corresponding obligation to immediately update my sensitive
personal data or information in Company's records in the event of any change.
7. I am aware that Company has adopted security practices and procedure to ensure that the
information collected is secure and these are available on the Company's intranet.

This consent letter shall come into force immediately upon its execution by me.

Name:

Signature
Date:

Regd. Office No. 1 4, Rajiv Gandhi lntotech Park Hinjawadi Phase lll, MIDC -582, Village Man, Taluka Mulshi, Pune - 41 1 057, Maharashtra, hdia.
TeL +91 20 6699 1000 | Fax +91 20 5599 5050 | CIN: U851 10PN1993PLC145950

You might also like