Monday, 26 December 2022 Goutham Penumallu TBG Pearl, Flat 303, B-Block, Kothapet, Hyderabad, Telangana - 500035
Monday, 26 December 2022 Goutham Penumallu TBG Pearl, Flat 303, B-Block, Kothapet, Hyderabad, Telangana - 500035
We take this opportunity to welcome you to our company, MTI Integration Services India Private
Limited (“The Company”) and look forward to a long and mutually beneficial association with the
Company. We are pleased to extend a letter of employment to you on the terms set forth in this
letter ("Letter").
The Company may require you to undergo a medical examination from time to time and submit a
medical report certifying your fitness in performing your duties and obligations under this Letter.
The employment is conditional upon completion of your background check. Should any
information provided by you be determined as false, or material information has been withheld
during the recruitment process, it will be considered a breach of the Letter and the Company may
terminate employment without providing any notice or pay in lieu thereof.
Working Hours:
The working hours are at the sole discretion of management and would normally consist of 40
hours, based on a 5 day per work week. These are subject to change as per business
requirements. You are required to be flexible to vary your work hours to meet the requirements of
the business. This would also include working for additional hours as may be necessary to perform
your duties effectively.
Work Location:
Your employment will be based at our client Uber Office, Hyderabad or such other office
address as may be confirmed from time to time. Occasionally you may be required to travel to
other company or client locations.
Probation Period:
You will be on probation for a period of six months from the date of joining. Your services will be
confirmed in writing after six months of continuous service and based on the evaluation of your
performance during the corresponding period. Unless and otherwise your services are confirmed
in writing, your probation will either be extended or terminated at the Company's sole discretion.
For the first six months the employment can be terminated at any time by providing two weeks'
notice or payment in lieu thereof.
You agree and acknowledge that the Company may, subject to applicable laws, at any time during
the term of your employment or cessation thereof, deduct from your salary, or final settlement,
any amounts owed by you, including but not limited to, any outstanding loans, advances,
overpayments or costs incurred by the Company due to any damage or loss to Company property,
etc. caused by you.
Employee Surveillance
You agree and understand that the Company may use various modes to ensure that the internet,
email facilities and other communication systems provided by the Company are used in an
appropriate manner. These may include the scanning, reading, inspection, scrutiny of emails sent
and received, and web sites visited or created by you. You acknowledge that you do not have any
expectation of privacy when using the Company's resources. For the avoidance of doubt, and for
the limited purpose of safeguarding the Company's confidential and proprietary information, the
Company shall have the right to monitor any personal e-mail or social media forum that may be
accessible to you from the Company including but not limited to Gmail, AOL, Hotmail, Yahoo,
Facebook, Instagram, LinkedIn, MySpace, Twitter, etc.
The Company also reserves the right to monitor its employees using various security measures
including but not limited to closed circuit television systems. These may be installed on the
Company's premises overtly or covertly to ensure that the employees do not participate or
propagate any activities which are or could be prejudicial to the Company's business interests or
which could bring it into disrepute.
Collective Agreements
There are no collective agreements which affect the terms and conditions of your employment.
Intellectual Property
Any and all materials and results, including but not limited to reports, work product, discoveries,
proprietary information, trademarks, trade names, logos, know- how, processes, methods, trade,
methods, art work, source code, application development, drawings, designs, blue prints (whether
or not registrable and whether or not design rights subsist in them), utility models, plans, budgets,
writings, inventions (whether patentable or not, and whether or not patent protection has been
applied for or granted), works in which copyright may subsist (including computer software and
preparatory and design materials thereof), improvements, processes, procedures and/or
techniques and any intellectual property rights therein which you may make, conceive, discover
or develop, either solely or jointly with any other person or persons, in and for all languages,
including but not limited to computer and human languages, at any time during the term of this
Agreement and four (4) months thereafter, whether during working hours or at any other time and
whether at the request or upon the suggestion of the Company or one of their respective
subsidiaries or affiliates or otherwise, which relate to or are useful in connection with any business
now or hereafter carried on or contemplated by the Company or one of their respective
subsidiaries or affiliates, including developments or expansions of its present fields of operations,
(the “Inventions”) shall be the sole and exclusive property of the Company. You hereby assign all
worldwide rights, title, and interest, together with the right to sub-license or transfer, any
Inventions to the Company in perpetuity. This assignment shall be royalty free. The Company has
no obligation to exercise any of the rights granted herein. Notwithstanding the provisions of
Section 19(4) of the Copyright Act, 1957, such 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 further acknowledge and agree that you shall waive any right to and shall not
raise any objection or claims to the Copyright Board with respect to the assignment, pursuant to
Section 19A of the Copyright Act, 1957. You shall make full disclosure to the Company of all such
Inventions and shall do everything necessary or desirable to vest the absolute title thereto in the
Company, including but not limited to executing assignments of ownership after an Invention is
completed. You shall write and prepare all specifications and procedures regarding such
Inventions and otherwise aid and assist the Company so that the Company can prepare and
present applications for copyright or letters or patent therefore and can secure such copyright or
letters or patent wherever possible, as well as reissues, renewals, and extensions thereof, and
can obtain the record title to such copyright or patents so that the Company shall be the sole and
absolute owner thereof in all countries in which it may desire to have copyright or patent
protection. Employment with the Company shall be enough consideration for creating,
transferring and assigning Inventions and you shall not be entitled to any additional or special
compensation or reimbursement (other than for reasonable out of pocket expenses) regarding
any and all such writings, inventions, improvements, processes, procedures and techniques.
Non-Disclosure:
Due to our nature of services, all employees are expected to maintain the highest level of
confidentiality and agree not to disclose any information with respect to the Company and its
clients. You agree and undertake that you shall not during the term of this Agreement or thereafter,
divulge or make use of any trade secret or confidential information concerning the business of the
Company and the group companies or any of their dealings, transactions and affairs or any
information concerning any of their suppliers, agents, distributors or customers which you
possesses or comes to your possession while in the employment of the Company or which you
may make or discover while in the service of the Company and that you shall also use your best
endeavors to prevent any other person from doing so. All data, documents, plans, drawings,
photographs, reports, statements, correspondence, etc. and technical information, know-how and
instructions as well as business details or commercial policies that pass to you or which come to
your knowledge shall be treated as confidential by you and you shall be bound to keep secret all
such confidential matters including papers and documents, computer floppies, CDs or other
media containing the same and shall not disclose, communicate, reproduce, or distribute the
same or copies thereof to anyone except in the course of the rightful discharge of your duties
towards the
company. You shall not at any time after the termination of this Agreement in any way make
known or divulge to any person, firm or body corporate any of the methods, systems or other
information of any kind in relation to the affairs of the Company or the group companies whether
such information is or was acquired by you before commencement of employment with the
Company, in the course of employment hereunder or otherwise.
During the period of employment and for one year following termination of your employment for
any reason whatsoever, you shall not, directly or indirectly, (i) solicit, encourage, or induce or
attempt to solicit, encourage, or induce any (A) employee, marketing agent, vendor, partner or
consultant of the Company to terminate his/her employment, agency, contract or consultancy with
the Company, or any (B) prospective employee with whom the Company has had discussions or
negotiations within six months prior to your termination of employment, not to establish a
relationship with the Company, (ii) induce or attempt to induce any current customer to terminate
its relationship with the Company, or (iii) induce any potential customer with whom the Company
has had discussions or negotiations within six months prior to your termination of employment not
to establish a relationship with the Company.
Warranties
You confirm and warrant that:
You have carefully read, fully understand and will comply with all the provisions of this Letter.
You have not been arrested, or convicted of, or cautioned for, or charged but not yet tried with
any offence or crime, even if you are subject to a pardon, amnesty, or other similar legal action
and there is no lawsuit, arbitration, administrative or other proceeding or governmental
investigation pending or, to the best of your knowledge, threatened against you.
By executing this Letter or performing any of the obligations under it, you will not be in breach of
any court order or any express or implied terms of any contract or other obligation binding on you.
You further undertake to indemnify the Company against any such claims, costs, damages,
liabilities or expenses which the Company may incur if you are in breach of any such obligations.
You have all the necessary licenses, permissions, consents, approvals, qualifications and
memberships required of you to perform the duties under this Letter.
You have never been suspended, censured or otherwise been subjected to any disciplinary action
or other proceeding, litigation or investigation by any state or governmental body or agency or
any regulatory authority or self-regulatory organization.
Any notice period you are required to give or to serve with a previous employer has expired on
commencement of employment with the Company and that by entering into or performing any
duties for the Company, you will not be in breach of any other obligation binding on you. You
irrevocably undertake to indemnify the Company on a continuing basis from and against any loss,
liability, damage, costs and claims which it may suffer or incur arising out of any claim by any
other party that in performing your duties under this Agreement, you are acting in breach of any
obligation you owe to such party.
All the information submitted by you which forms the basis for this employment is complete and
correct. You agree and acknowledge that if it is found that the information submitted is false or
incomplete or that you have concealed certain material information which detrimentally impacts
the employment with the Company, the Company may terminate employment without providing
any notice or pay in lieu thereof.
Data Protection
You hereby confirm that you have read and understood the Company's data protection policy and
that you shall comply with the data protection policy when processing personal data in the course
of employment including personal data relating to any employee, customer, client, supplier or
agent of the Company.
The Company holds a personnel file and computer records which contain data concerning a wide
variety of matters. These include matters such as employee applications, references, bank details
and other personal details. It is held for the following purpose:
a) Staff administration
b) Accounts and records
c) The provision of management information for business purposes such as marketing
activities corporate and staff planning
d) To permit the Company to comply with its legal responsibilities.
You agree that the Company may transfer such data to its affiliates or service providers for
legitimate business reasons, including but not limited to payroll processing, insurance benefits,
etc.
Information Security
All employees are expected to maintain the confidentiality and integrity of the information assets
and comply with the information security policies. You are expected to maintain confidentiality of
information residing in mobile computing devices such as laptops, iPad, other transportable
computers and storage media. You are responsible for maintaining information security outside
the premises of organization and outside the normal working hours.
Conflict of Interest
At all times during your employment, you will also be expected and hereby agree to dedicate your
undivided loyalty to the Company and to refrain from engaging in any other employment or outside
business activity which may present a potential or actual conflict of interest without first obtaining
the Company’s prior written approval. Should you receive written approval under this clause, you
shall not utilize the assets, resources and time of the Company for such external activities.
Consistent with the above, you will need to sign the Company’s Confidentiality, Assignment and
Non-Solicitation Agreement as a condition of your employment.
Termination Clause
During the first six months of the probation, your services in the Company may be terminated by
either party by serving two weeks’ notice or two week’s Total Base Pay in lieu thereof. However,
the Company shall have the right to terminate your services without notice for any misconduct or
for any reasons including, but not limited to for cause; inattention or negligence in the performance
of duties and obligations under this Letter; repeated failure to comply with lawful directions of the
Company and its officers; breach of the terms of this Letter and breach of representations and
warranties contained herein; unethical business conduct; breach of any statutory duty or for any
act or omission adversely affecting the goodwill, reputation, credit, operations or business of the
Company; habitual unauthorized absence or unauthorized absence for a period exceeding [8]
days; fraud; misappropriation or dishonesty in respect of the Company's property or business;
commission of any act not in conformity with discipline or good behavior or acceptance or offering
of illegal gratification; any form of harassment, including sexual harassment while employed with
the Company; habitual neglect of work; unauthorized disclosure of any confidential information of
the Company; and (xii) breach of any of the Company's policies.
Upon confirmation or after completion of 6 months, your services in the Company may be
terminated by either party by serving two months’ notice or two months’ Total Base Pay in lieu
thereof. The Company may at its sole discretion waive all or part of the notice or allow you to pay
in lieu of the notice. Any resignation would have to be accepted by the Company to become
effective. Once accepted, the resignation cannot be withdrawn without the express consent of the
Company.
If at any time, you are prevented from ill-health or accident or any physical or mental disability
from performing your duties hereunder, you shall inform the Company and supply it with such
details as it may be required and if you are unable by reason of ill-health or accident or disability,
for a period of three months or more to perform his/her duties hereunder, the Company may
forthwith terminate this Letter. In the event of termination by the Company or in case of a
resignation, the Company may require you to absent yourself from its premises on garden leave
and not participate in the working of the Company during the unexpired portion of the notice
period. During such garden leave the Company may require you to have no contact with all or
any of the Company's agents, employees, customers, clients, distributors and suppliers.
Upon the determination of this Letter for any reason, you shall immediately hand over
responsibilities to such person nominated for that purpose by the Company and shall deliver to
such person all such papers, documents, memoranda, notes, records such as may be contained
in magnetic media or other forms of computes storage, video tapes (whether or not produced by
you) and any copies thereof, charge and credit cards and other property of the Company and as
may be in your possession, custody, control or power, including but not limited to any phones,
computers, vehicles, etc. provided by the Company.
To the extent applicable, you agree and accept that any statutory or other 'last in, first out' rule or
any modification thereof shall not apply in the event of termination of this Letter for any reason
whatsoever.
Retirement Age:
All employees of the Company will retire from the services of the company on reaching the age
of 60.
Responsibilities
The duties of the role are outlined in the attached schedule/Annexure 2. This list is not exhaustive.
You shall not have the right or the authority to make any representation, contract or commitment
for or on behalf of the Company without obtaining the prior written permission of the Company in
this regard. You shall have no authority, implied or otherwise, to pledge the credit of the Company.
In the event the Company is held liable for any damage, loss, claim or action arising directly or
indirectly from any of your action in violation of this clause, you shall indemnify the Company to
the maximum extent permissible under the laws for the time being in force in India
Other Covenants
Your designation, role, reporting relationship, place of posting etc. may undergo change from time
to time as determined by the Company, contingent to the demands of business and strategy.
No delay, failure or omission on the part of the Company to exercise any of its powers, rights or
remedies under this Letter will operate as a waiver of them nor will any single or partial exercise
of any such powers, rights or remedies preclude any further exercise of them.
Notwithstanding anything contained in this Letter, the parties acknowledge that in addition to any
remedy available to the Company, whether provided herein or conferred by statute, civil law,
common law, custom, trade, or usage, the Company shall be entitled to obtain an injunction
against you from a civil court of competent jurisdiction.
If any provision of this Letter is held by a court of competent jurisdiction to be illegal, invalid or
unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or
unenforceable provision of this Letter shall be replaced with a provision which is valid and
enforceable and most nearly reflects the original intent of the invalid or unenforceable provision.
At all times during the course of your employment in the Company (and even after the termination
of this Letter with respect to the terms contained herein) agree to indemnify and keep indemnified
the Company, as the case may be, against all losses, damages, claims, interests, costs,
expenses, liabilities, proceedings and demands which the Company may suffer or incur or which
may be made against the Company as a result of your acts or omissions of during the course of
employment.
No modification or amendment of this Letter and no waiver of any of the terms or conditions hereof
shall be valid or binding unless made in writing and duly executed by both the parties.
This Letter shall be governed by and construed in accordance with the laws of India. The courts
at Hyderabad shall have the exclusive jurisdiction over all disputes or claims between the
Company and you under this Letter.
This Letter will be executed in counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument.
You are requested to electronically sign your letter of employment under the terms set forth herein
within the next two business days.
We are confident that you will find your position with MTI Integration Services India Private Limited
to be challenging and rewarding. We are looking forward to working with you.
Yours Sincerely,
Anita Kota
Director, Global Talent Acquisition
On behalf,
MTI Integration Services India Private Limited
Acceptance:
I hereby accept this offer of employment with MTI Integration Services India Private Limited on
the terms outlined in this Letter.
Signature:
Name: Goutham Penumallu
Date:
`
Annexure 1
CTC Structure
CTC Components Per annum (INR)
Basic 4,40,000.00
House Rent Allowance 1,76,000.00
Other Allowances* 2,69,800.00
Leave Travel Allowance 75,000.00
Vehicle & Maintenance Allowance 36,000.00
Sodexo Food Coupons 26,400.00
Communication Allowance 24,000.00
Total (A) 10,47,200.00
Provident fund (Employer contribution) (B) 52,800.00
Total Cost to the Company (CTC) (A+B) 11,00,000.00
Employee contribution towards Provident Fund will be deducted from the CTC on monthly basis.
Annexure 2
Responsibilities: