Location - You Will Report To Us in Bangalore or Any Other Location India Depending Upon Your Final
Location - You Will Report To Us in Bangalore or Any Other Location India Depending Upon Your Final
Location - You Will Report To Us in Bangalore or Any Other Location India Depending Upon Your Final
Ltd,
SEP – 2, B – 3, Godrej Industries Complex,
Eastern Express Highway, Vikhroli,
Mumbai – 400079, India
Tel : +91.22.6755 7000, Fax : +91.22.6755 7100
www.capgemini.com
Ref.: Capgemini/PRM/CAMPUS/2007
March 12, 2007
Vivekanandan Viswanathan
3edge
Bangalore
Dear Vivekanandan
We are pleased to confirm our offer of employment to you as Associate Consultant in band P1 with
Capgemini India Private Limited (the Company), starting in March 29, 2007.
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. We value your abilities
and believe you will find our work environment to be challenging and fulfilling.
Location — You will report to us in Bangalore or any other location India depending upon your final
placement after 3 months of training. The Company may require to work at other Company locations and
on customers’ sites both, inside or outside India. The Company will seek to give you reasonable notice of
extensive travel requirements, and to take into account your personal circumstances where appropriate.
Compensation — Your target annual salary (on permanent rolls) will be Rs. 250,000/- This comprises of
your salary and bonus.
The salary progression shall take place based on annual revision process and based on your annual
performance rating.
Please note that in case you join after 15th of the month, your first salary will be processed with following
month’s payroll cycle.
Our performance year is calendar year based. Based on your performance your target annually and
adjusted (merit increase) in January every year.
Provident Fund — You have the option to participate in the Capgemini India Private Limited
Employees’ Provident Fund scheme wherein, the Company will match your annual contribution of 12%
of your annual base salary. The details of this benefit are provided in the attached sheet.
Gratuity — On completion of two years of service with the Company you will be eligible for gratuity as
per the Payment of Gratuity Act. This amount will accrue to your account annually.
Medical Insurance — In accordance with the Company’s policy you and your immediate family (i.e.
spouse and unmarried dependent children) will be covered under our Medical Insurance plan. However,
this insurance coverage starts after one month of your date of joining.
You will also be covered under our Personal Accident Insurance Policy. Additionally, if you are required
to travel abroad, you will be covered under our Overseas Medical Insurance Policy.
Personal Tax — 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 prevailing rules.
Annual Leave/Public Holidays — You will be eligible for 28 working days of vacation and 12 public
holidays. Please refer to the Company’s Leave Policy for further details in this regard.
Service Agreement towards Training – After you join us, you will undergo an extensive
On-Boarding programmed including technical training, which will greatly enhance your skills
and competencies in your field of work. Since Company would be investing in extending the
training to you as above, in consideration of the same it would be expected of you to enter into a
service agreement with the company. Under this agreement you would be require to stay in the
company for a period of one year from the date of completion of the training. In case you decide
to leave before the said one year you would be require to compensate the company the
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amount of Rupees Fifty Thousand. You would be require to sign the said agreement after you
join us.
Notice Period/Termination — This contract of employment between you and the Company may be
terminated by either party by giving 90 days’ notice or gross monthly salary in lieu thereof.
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 member of the Company or being guilty of misconduct, the Company may
terminate your employment forthwith without notice.
You will retire on the last day of the month in which you complete sixty years of age.
In the event that you leave our employment within 12 months, you will fully reimburse the joining bonus,
notice pay and relocation expenses, if any.
Private Information Policy — You will be bound by the Capgemini Private Information Policy as
described in Annex 1 for holding in confidence any trade secrets or confidential business and technical
information of the Company or its clients.
Intellectual Properties — Additionally, you will also be bound by the Capgemini policy with respect to
Intellectual Property as described in Annex 2.
Non-Competition — In the event that you leave the Company either initiated by yourself or the
Company, you shall not recruit any employee from the Company for a period of 12 months commencing
the last day of your employment with the Company.
Governing Law — the terms and conditions as stipulated above shall be interpreted in accordance with
the laws of India. In the event of any dispute, the parties shall submit to the exclusive jurisdiction of the
Courts of India.
Confidentiality — The terms of your employment are strictly confidential between you and the
Company. Discussion of your compensation with any other party or employee is grounds for dismissal.
Condition of Hire — All appointments are based on the information furnished by you in your
employment application and all further declarations and undertakings. Hence, any false statement or
information furnished as above will lead to your dismissal without notice.
You hereby warrant 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 the duties of your employment. During the period of this
employment you should not draw, accept or endorse any cheque or bill on behalf of the Company or, in
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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.
During your employment with the Company you will agree to work on any project that you are assigned
to, irrespective of technical platforms/ skills and nature of the project. If necessary, you may also be
required to work in shifts.
Regardless of any secondment to any other Capgemini entities or where you may be required to work
overseas for any such Capgemini entities 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 this offer letter.
Vivekanandan, we believe we can provide you with an atmosphere in which you can develop your
professional talents to the fullest. We look forward to having you join Capgemini Consulting India Pvt.
Ltd. If these terms are agreeable, please sign this letter acknowledging your acceptance. Please do not
hesitate to contact us if you need any further assistance.
Yours sincerely,
For Capgemini Consulting India Pvt. Ltd.
Sunil Bellara
Recruitment and Staffing Head
__________________ _______________
Signature Date
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Vivekanandan
Viswanathan
Associate Consultant
OPTION I OPTION II
Per
Monthly components Per month Annualised month Annualised
Basic Rs.8,333 Rs.100,000 Rs.8,333 Rs.100,000
House Rent Allowance Rs.4,167 Rs.50,000 Rs.4,167 Rs.50,000
Medical Reimbursement Rs.1,250 Rs.15,000 Rs.1,250 Rs.15,000
Conveyance Allowance Rs.800 Rs.9,600 Rs.800 Rs.9,600
Flexi-plan * Rs.4,893 Rs.58,712 Rs.5,893 Rs.70,712
Special Allowance Rs.0 Rs.0 Rs.0 Rs.0
Benefits
Mediclaim Insurance Rs.936 Rs.936
Personal Accident Insurance Rs.105 Rs.105
Total Benefits Rs.1,041 Rs.1,041
Note:
* Flexi-plan can include LTA and Telephone Reimbursement
Signature Date
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ANNEX 1
PRIVATE INFORMATION
the work for which I am employed is and will be of a private nature, and in connection with the
performance of my services on behalf of Capgemini, its subsidiaries and affiliates (together with their
predecessors and successors, the “Company”), the Company may make available to me information of a
private nature as to the Company and the Company’s clients’ and prospective clients’ business,
strategies, methodologies, operations, technologies (including computer software), financial affairs,
organizational and personnel matters, policies, procedures, trade secrets, programs, operations, clients,
prospective clients, employees and other non-public matters, including those concerning third parties
(“Private Information”). I agree that I will receive in strict confidence all such Private Information
belonging to the Company or to its clients or prospective clients. I further agree to use my best efforts to
maintain and to assist the Company in maintaining the confidentiality of all such Private Information, and
to prevent it from coming into unauthorized hands.
I. I will neither copy nor distribute any material, or other information constituting Private Information
which comes into my possession as result of my employment by the Company, other than for the
Company use;
II. I will not during the period of employment by the Company nor at any time thereafter, directly or
indirectly, disclose to others and/or use for my own benefit or for the benefit of others, Private
Information acquired by me during the period of my employment, except to the extent as may be
reasonably necessary in the ordinary course of performing my duties as an employee of the
Company;
III. I will not disclose to the Company or attempt to induce the Company to use any Private Information
or material to which the Company is not entitled;
IV. Upon termination of my employment with the Company, I will return to the Company or to the client
or prospective client all materials and information that constitutes Private Information and any copies
thereof and certify to the Company that I no longer have any rights to such materials or information,
and I will represent that the original and all copies of such materials and information have been
returned to the Company or to the client or prospective client.
V. I agree to abide by the ISMS polices and procedures as published by the organization from time to
time.
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ANNEX 2
CONVENANTS
I will not (1) for a period of one year after the termination of this agreement, directly or indirectly solicit
to provide or provide any professional services such as those provided by the Company for anyone who
is a client of the Company anytime during the twelve months prior to my leaving the Company and for
whom I provide any service as an employee of the Company during the five years prior to my leaving,
(2) for a period of eighteen months after the termination of this agreement directly or indirectly, without
the prior written consent of the Company, solicit for employment with myself or any firm or entity with
which I am associated, any employee of the Company or otherwise disrupt, impair, damage, or interfere
with the Company’s relationship with its employees; or (3) upon the termination of my employment
remove, retain, copy, or utilize any confidential, privileged or proprietary information, trade secrets, or
other property of the Company, including but not limited to manuals, software, data, files, client lists or
materials, or other data, publications or materials. The non-compete provisions of this paragraph will not
apply to a client of the Company or any predecessor of the Company for whom I performed services or
with whom I had significant professional contact prior to joining the Company. If the Company requests
me to terminate my relationship with the Company, the non-compete provisions of this paragraph will
not apply to me with respect to those clients of the Company, if any, as to which the Company and I
reach mutual agreement.
(b) The employee and the Company acknowledge and agree that the duration and geographic scope of
the covenants contained in paragraph (a) are fair and reasonable. Accordingly, the employee and the
Company agree that, in the event that any of the covenants contained in paragraph (a) are nevertheless
determined by a court or arbitration body to be unenforceable because of the duration or geographic
scope thereof, the arbitration body or court making such determination may reduce such duration and/or
scope to the extent necessary to enable such arbitration body or court to determine that such covenant is
reasonable and enforceable, and to enforce such covenant as so amended.
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ANNEX 3
INTELLECTUAL PROPERTY
Except as otherwise may be agreed by the Company in writing, in consideration of the employment of
the employee by the Company, and free of any additional obligations of the Company to make additional
payment to the employee, the employee agrees to irrevocably assign to the Company any and all
inventions, software, manuscripts, documentation, improvements or other intellectual property, whether
or not protectible by any national or state laws relating to the protection of intellectual property, relating
to the present or future business of the Company that are developed by the employee prior to the
termination of his/her employment with the Company, either alone or jointly with others, and whether or
not developed during normal business hours or arising in the scope of his/her duties of employment. The
employee agrees that all such inventions, software, manuscripts, documentation, improvement or other
intellectual property shall be and remain the sole and exclusive property of the Company. The employee
hereby agrees to execute such assignments and other documents as the Company may consider
appropriate to vest all right, title and interest therein to the Company. This provision does not apply to an
invention for which no equipment, supplies, facility, or trade secret information of the Company was
used and which was developed entirely on the employee’s own time, unless (a) the invention relates (i)
directly to the business of the Company or (ii) to the Company’s actual or demonstrably anticipated
research or development or (b) the invention results from any work performed by the employee for the
Company. The employee agrees that all services performed by the employee for the Company shall be
the original work of the employee and shall not incorporate any third party materials or work in which
the employee or any third party asserts an ownership interest without the express written consent of the
Company
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Name___________________________
Position/Title_____________________
Date____________________________
Capgemini
KNOWLEDGE-SHARING UNDERTAKING & ACKNOWLEDGEMENT
In connection with my continued employment relationship with Capgemini (the “company”), the granting to
me by the company of access to the Capgemini knowledge bases, and the participation by the firm in the
Capgemini knowledge sharing process, I acknowledge, undertake and agree as follows:
1. I have been provided with, and have read and understand the company’s policies in relation to knowledge
sharing, intellectual capital, copyright and maintenance of knowledge bases.
2. I agree to act in accordance with all of the provisions of the policies mentioned in point 1, and to safeguard
all of the knowledge and information I receive in the course of my relationship with the company, whether
it is the property of Capgemini, a client, or some other entity which makes such knowledge or information
available.
3. I will not use any knowledge, trade secrets or other information that is treated confidentially by the
company or its clients including, but without limitation to, information on the company’s Knowledge bases
- except in the proper course of my duties or as otherwise permitted by the company. Confidential
Information does not extend to information already in the public domain unless such information arrived
there by unauthorized means.
4. Without limiting the previous clause I undertake that I will not, nor will I attempt to:
a) remove or take any such Confidential Information; or
b) disclose Confidential Information to any third party other than in the proper course of my duties or
as otherwise permitted by the company; or
c) gain personal advantage from trading in or on the basis of Confidential Information; or
d) cause or procure any other person to deal in the securities of any company on the basis of
Confidential Information
e) obtain nor claim any ownership interest in any knowledge or information obtained from
Capgemini and its knowledge Bases.
either during the course of or after the termination of my relationship with the company. I recognise that I
cannot disclose to any future employer, or use for my own purposes any Confidential Information I may have
access to during my relationship with the company.
5. Subject to Clause 6 below, I agree that any dispute arising out of this undertaking & acknowledgment
(“Acknowledgment”) will be submitted to voluntary mediation as provided in the Schedule.
6. Notwithstanding the provisions of Clause 5, I agree that damages or an account of profits may be
inadequate compensation for breach of this Acknowledgment and the company may seek an injunction or
similar remedy to restrain any conduct or threatened conduct which is or may be a breach of this
Acknowledgment.
__________________________________
Signature of Employee/Independent Contractor/Agent
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