Offer Letter - Nafisa 1
Offer Letter - Nafisa 1
10-Aug-2007
Nafisa S Bagasrawala
22/A, Burhani Villa,
New Saifee Nagar,
Manik Bagh Road,
Indore.
It was a pleasure meeting you to explore a career opportunity with MphasiS, an EDS company –
BPO Division
This offer of employment is contingent upon you fulfilling the background verification process
that the organization will conduct.
Please endorse your acceptance by duly signing the duplicate copy of this letter on
all sheets at the bottom on the right corner and return to the undersigned.
Yours Sincerely,
For MsourcE (India) Pvt. Ltd.
Niren Saha
Leader – Work Force Management
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Annexure - 1
Basic 5,400
HRA 3,240
Conveyance Allowance 800
LTA
Medical Allowance 1,500
SPA 6,212
Monthly Emoluments 17,152
PF 648
Mediclaim Insurance Premium
200
Annual Cost to Company 216,000
Additionally you shall be eligible for gratuity as per the gratuity act, subject to 5 years
of continuous employment with the organization
Statutory deductions like ESI, Professional Tax and Income Tax (if any) will be
deducted at Source and will be applicable as per stipulations.
Insurance for self + 3 dependents (Spouse and 2 children below the age of 18) to a limit
of Rs.150000/- P.A
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TERMS OF EMPLOYMENT
Your employment at MphasiS, an EDS company (“MphasiS") will be governed by the MphasiS’
policies as modified from time to time. Copy of the present policy will be made available to
you on your joining MphasiS. In particular and without prejudice to the foregoing statement,
some of the more significant terms and conditions that govern your employment, subject to
modifications from time to time, are detailed below.
1) Hours of Work
1.1. A working day shall comprise of nine hours, including a break of one hour for lunch,
dinner or tea breaks.
1.2. You may be required to work on a shift. Shifts may be scheduled across 24 hours a
day, 7 days a week and 365 days a year, subject to applicable laws. The shift timings
may change from time to time which you will be notified in advance.
1.3. 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 MphasiS, you will be liable to be transferred or deputed
to any of the offices, departments of MphasiS 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 MphasiS’ 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.
4.2. Notwithstanding the provisions of Clause 4.1, you acknowledge that it is MphasiS’
policy to review the salary payable to its employees for successive financial years and
such reviewed salary may be higher or lower than the salary received for the previous
financial year depending upon the overall performance of the Company.
4.3. In addition to salary, you shall also be entitled to receive other benefits as applicable
under MphasiS’ policy. The Company shall, in its sole discretion, be entitled to amend,
vary, and modify any of the terms and conditions of the policy with regard to the
benefits that are offered to you.
5) Relocation:
5.1. You are eligible for relocation expenses reimbursement as enumerated in Annexure 1.
This reimbursement would be taxable as per prevailing laws. In the event of your
separation within 12 months of joining MphasiS, an EDS company , this amount has to
be paid back to MphasiS.
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8) Termination
8.1. Your employment with MphasiS is subject to termination on:
8.1.1. Band 5 – Zero to Three months of Joining, one week prior notice by either side.
Beyond three months, one month prior notice by either side.
8.1.2. Band 3 and 4 – One month’s prior notice by either side.
8.1.3. Band 2, 1 and 0 – Two month’s prior notice by either side.
8.2. MphasiS 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 MphasiS, and
that your termination/resignation letter (by whatever name it is called) will be
accepted by MphasiS only on your satisfying the mandatory notice period as stated in
MphasiS’ HR handbook. Further, till such time as MphasiS accepts your resignation
letter, you will be deemed to be an employee of MphasiS and the terms and
conditions of your employment will still continue to bind you.
8.4. MphasiS 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 MphasiS’ 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 MphasiS is likely to bring MphasiS any disrepute
whether or not such act is directly related to the affairs of MphasiS; or
8.4.3. You commit any breach of any of your duties or obligations under this
agreement or the policies of MphasiS.
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);
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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 MphasiS, and
10.1.2. Not to disclose or divulge the Confidential Information to any person or entity
without written authorization of MphasiS.
10.1.3. You agree to return to MphasiS, an EDS company all proprietary information,
including copies on paper, hard drive, disk, tape and other media, upon
completion or termination of any project or upon cessation of your employment
with MphasiS, an EDS company IT Services.
10.2. For the purposes of Clause 10.1., “Confidential Information” means any of
MphasiS’ 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 MphasiS 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 MphasiS in any country or jurisdiction (until the
same is generally available to the public), and any other business information of
MphasiS 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
MphasiS, or which is generally known outside MphasiS.
10.3. You understand that retaining the confidential nature of the confidential
information is of utmost importance to the business of MphasiS and in addition to the
terms stipulated in this agreement herein you agree to execute a Non Disclosure
Agreement with MphasiS.
11.2. You agree, at MphasiS’ expense, to provide, during and after this employment,
all such assistance as MphasiS reasonably considers necessary, to secure the vesting of
such rights in MphasiS or Terms of Employment MphasiS, an EDS company its nominees
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(including waiver of any such rights including author’s special rights under Section 57
of the Copyright Act 1957).
12.1. You consent to the processing of your personal data in accordance with MphasiS
data privacy policy (the "Policy"), a copy of which can be obtained upon request;
13) Non-Compete
You undertake and agree to maintain client 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 MphasiS to such client, either directly or indirectly with
any of ‘MphasiS, an EDS company, 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, an EDS
company as damages.
(A) solicit, divert, take away, hire, or recruit, or attempt to solicit, divert, take
away, hire, or recruit, any employee of MphasiS; or
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(C) You agree the foregoing restrictions are reasonable both as to time and extent
given the nature and scope of MphasiS’ present business and the duties of your
employment.
15) Warranty
15.1 You warrant that your joining MphasiS 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 MphasiS.
15.3 You warrant that you will comply with all MphasiS, an EDS company applicable
policies and standards and shall perform your services in a manner consistent with the
ethical and professional standards of MphasiS, an EDS company.
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 MphasiS for any losses or damages sustained by MphasiS 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 in which your 60th birthday falls.
18) General
18.1 This agreement contains the entire agreement between the employee and
MphasiS, an EDS company, 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, an EDS company or not.
18.4 Should any part of this agreement be declared illegal or unenforceable, the parties
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.
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I, _Nafisa S Bagasrawala have read and understood the above terms and conditions governing
my employment with the company and hereby accept the above-mentioned appointment in
totality.
I confirm my acceptance of the offer and shall report for work on 18/8/2007 (Date).
Date: 11/8/2007_________________________
Place: Indore____________________________
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Annexure - 3
At the time of joining MphasiS, an EDS company the following documents and information
must be made available to us.