HCL Technologies Lanka (Private) Limited

The Offices at Cinnamon Life,

No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

May 19, 2023

Mary Sivakumar
48,
Harmers Avenue,,
Colombo 06., Western,
Sri Lanka - 0600

Via email: [email protected]

Re.: Employment offer with HCL Technologies Lanka (Private) Limited (“Offer Letter”)

Dear Mary Sivakumar,

Congratulations!

Following your interview with HCL Technologies Lanka (Private) Limited, (“the Company”), we are pleased to offer
you an employment as Technical Lead , Band: E2 and Employment Cadre :Executive.

We would like you to join the Company on July 24, 2023, at "Cinnamon Life at No. 5, Justice Akbar Mawatha,
Colombo - 02" .

Terms & conditions of this Offer Letter are in accordance with our standard practices and are outlined in Annexure
1. The various components of the salary structure applicable to you is provided in Annexure 2.

To accept this Offer Letter, you must sign the Offer Letter (including all Annexures),and return the signed pdf
documents to the concerned recruitment representative at the email address mentioned below, within seven (7)
days of your receipt of this Offer

Should you require any clarification please feel free to contact Ruchira Devinda, at [email protected]
.

This Offer Letter is circulated via electronic communication at the email addressed mentioned above and
electronic pdf signatures on the Offer Letter be as valid as the original signatures and binding in court of law.

We look forward to an exciting future, and hope that you will assist us in achieving our shared goal of being the
preeminent provider of IT Services.

We wish you the very best for your future endeavors at the Company!!!

For HCL Technologies Lanka (Private) Limited

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

“This is system generated Letter/Contract. Agreeing to the Offer and its terms and conditions in the workflow is as
good as signing of physical contract/letter on mutual agreement between us. It has all legal binding as per the law,
if mutual trust is breached at any point of time.”

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

ANNEXURE 1

Terms & conditions of Offer Letter

1. This employment offer with the Company is contingent upon you being able to accept employment with
the Company, and to legally work in the position that you are being offered, without violating any
obligations that you may have to any prior employer, third party or any law. This employment offer is
also contingent upon (i) your timely signing and returning this offer letter along with all annexures; (ii) a
background verification check (“BGV”) that is satisfactory to the Company, of which you have been
informed and given your consent; (iii) your ability to document your right to work in HCL Technologies
Lanka (Private) Limited, if asked for, and (iv) you providing list of documents and information as outlined
in Annexure 3, within the timeline specified.

2. This offer of employment is subject to and contingent upon you clearing our BGV process. You hereby
warrant and guarantee that you have not been convicted of or pleaded guilty of any offence or crime, and
you are not afflicted with any disease, physical condition, status or qualification that would cause you to
fail the BGV process. As a precondition to accept this Offer Letter, you hereby give your express
authorization to the Company (or the appointed third party) to conduct a background investigation on
your credentials, as may be necessary and further agree that any misrepresentation or falsehood in this
regard or your failure to clear the BGV process shall give rise to: (i) the automatic withdrawal of this offer
of employment; or (ii) a just cause for the lawful termination of your employment, if such are discovered
after the commencement of your employment.

3. You further consent to and permit the Company to store, process and share, in and outside HCL
Technologies Lanka (Private) Limited , electronically and otherwise, your personal data it collects in
relation to this Offer Letter to any third party or associated companies, for the purpose of conducting BGV
or to fulfill any legal obligations.

4. As part of accepting this employment offer, you will be required to sign the employment contract and
undertaking, on the date of joining. The terms and conditions of the employment contract and
undertaking are detailed in Annexure 4 and 5 respectively.

5. Your employment with the Company will start and terms and conditions of employment contract will be
binding after your commencement of employment and not before. For the avoidance of doubt, your
commencement of employment will begin on your successful joining the Company, subject to fulfillment
of other conditions as mentioned in this Offer Letter.

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

ANNEXURE 2

Name : Mary Sivakumar

Proposed Job Title : Technical Lead
Proposed Band : E2
Cadre : Executive
Expected Date of Joining : July 24, 2023

This Annexure describes the various components’ in the salary structure applicable to you.

Annexure 1
REWARDS PLAN
Entity CSW
Sub Band E2.1
Category Delivery

Monthly Components (in LKR)

Base Salary 228398
Meal Allowance 52708
Transportation Allowance 70277

TOTAL: Monthly 351383

TOTAL: Monthly Components : Annualized
4216596
(A)

Variable Components (in LKR) Annual

EPB 317376

TOTAL: Variable Components (B) 317376

COST TO COMPANY (A) + (B) 4533936

Medical & Risk Insurance - Employer

Premium (p.a.)
Contribution (in LKR)
Medical Insurance 39400
Personal Accident 4590
Life & Critical Illness 5387

Retirals (in LKR)

Employer Provident Fund 505992
Employee Trust Fund 126498
Gratuity 29282
TOTAL : Retirals 661772

Medical & Risk Insurance - Benefits Details Max Sub limits (p.a.)

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

(in LKR)
Inpatient Medical Insurance 350000
Outpatient Medical Insurance 20000
Life Insurance 6000000
Max Personal Accident 6000000
Max Critical Illness 3000000
Max Disability 6000000
1. All salary components are governed by the company policies and statutory guidelines.
2. This salary sheet is strictly confidential and must not be discussed with anyone other than your
HCLT Reporting Manager and/or your HR Manager.
3. Any personal tax liability arising out of compensation will be borne solely by the employee.
4. Gratuity will be payable as per Act and the applicable amount will be calculated at the time of
leaving the company depending on the last drawn consolidated salary. Eligibility of gratuity is after
completion of 5 years in the company. The gratuity amount shown in the salary annexure is based on
the consolidated salary as mentioned in the offer letter and is the indication of the annual benefit.
Each year this amount will be based on the last consolidated salary.
5. Medical Insurance premium is dependent of your marital / family status.
6. Risk Insurance includes Life Insurance, Personal Accident, Critical Illness and Disability - Partial or
Total.
7. Medical & Risk Insurance Benefits section only provides the overview of sum insured however,
there are sub limits basis on the treatment type/category.

Note – Salary is computed taking into account and includes payment for rendering service on poya holidays which
fall on general workdays.

Description of Salary components:

Base Salary
Will be paid to you in 12 equal monthly instalments. It will not be applicable for the unpaid leaves availed during
each month. In case date of joining is in middle of the month, it will be paid on pro rata basis for that month.

Meal Allowance
Will be paid to you in 12 equal monthly instalments. It will not be applicable for the unpaid leaves availed during
each month. In case date of joining is in middle of the month, it will be paid on pro rata basis for that month.

Transportation Allowance
Will be paid to you in 12 equal monthly instalments. It will not be applicable for the unpaid leaves availed during
each month. In case date of joining is in middle of the month, it will be paid on pro rata basis for that month.

EPB - Engagement Performance Bonus

Your annual targeted Engagement performance bonus will be LKR 317376 .EPB is a variable bonus and is payable
quarterly in accordance with the EPB bonus plan for your function (sales / delivery/functional support) as
applicable at that time. It will be paid in accordance with the company’s bonus policy (sales / delivery / functional
support)

Benefits
You will be provided the details of the benefits offered by the Company on your acceptance of this Agreement and
successfully commencing work with the Company. You will be eligible for all benefits as per the Company Policy
applicable to you.

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

All the benefits in your salary/compensation shall be governed as per company, statutory guidelines and taxes as
applicable.

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

ANNEXURE 3

LIST OF DOCUMENTS TO BE PROVIDED

1. Identification Proof: National Identity Card or Passport

2. Salary slips/ Service/experience certificate and relieving letters bearing the employee code issued by the
respective organization(s) you have served in the past issued from those organization(s)

3. Mark sheet/ transcripts and convocation or degree certificate of your highest qualification (please note
that the qualification should be a university accredited qualification)

4. Valid Passport

5. Recent Photograph

6. Duly filled & signed application form along with any additional specified documents to complete BGV
process

7. Character Certificate (Gramasevaka/Police report/JP)

8. Two satisfactory references

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

ANNEXURE 4

EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is between:

HCL Technologies Lanka (Private) Limited, whose principal office is at Floor 1 & 2, Building “Alnitak”,
# 752, Dr. Danister De Silva Mawatha, Colombo – 09, (“the Employer” or “the Company”)
and

Mary Sivakumar of 48,

Harmers Avenue,,Colombo 06. Sri Lanka (“the Employee”) .

The Employer and the Employee are sometimes referred to herein individually as a “Party” and collectively as the
“Parties.”

WHEREAS, the Employee is willing to work for the Employer and has accepted the employment offer dated May
19, 2023 ; and

WHEREAS the Employer is willing to engage the Employee, subject to the terms and conditions of this Agreement.

IT IS AGREED that the Employer will employ the Employee and the Employee will work for the Employer on the
following terms and conditions:

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereby
agree as follows:

1. In this Agreement, unless indicated otherwise or the context stipulates otherwise, the following words and
expressions shall have the meanings assigned hereto below:
“Group Company”, means HCL Technologies Ltd., a company incorporated and registered in India vide CIN
L74140DL1991PLC046369, or any company , which is directly or indirectly controlled by the Company; which
directly or indirectly controls the Company; or which is directly or indirectly controlled by a third party who also
directly or indirectly controls the Company; or of which the Company or any other Associated Company owns or
has a beneficial interest in 20% or more of the issued share capital or 20% or more of its capital assets; or which is
the successor in title or assign of the firms, companies, corporations or other organizations referred to above.

1.1. “Company Policies”, means the Company's policies as amended from time to time, a copy of which is
available at Policy portal under myhcl.com or any other place as kept and informed by the Company from
time to time.

1.2. “Reporting Manager”, means an employee of the Company to whom the Employee will report and who will
normally give day to day instructions for execution of the work.

1.3. “Offer Letter”, means letter dated May 19, 2023, pursuant to which the Company offered you the job and
you accepted the same.

2. This Agreement is subject to the Employee’s background verification check results being to the Company’s
satisfaction in accordance with the applicable laws. The Employee hereby warrant and guarantee that he /she
was not convicted of or pleaded guilty to any offence or crime, and is not afflicted with any disease, physical
condition, status or qualification that would cause him/her to fail the BGV process. Any misrepresentation or
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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

falsehood in this regard or the Employee’s failure to clear the BGV process in future shall constitute a just
cause for the lawful termination of employment.

3. Job Title and Duties

3.1. The Employee’s position is that of Technical Lead, E2 : Executive Cadre and on commencement of
employment, the Reporting Manager will discuss in detail about the role. The Employee will be required to
perform the duties and obligations and comply with such instructions as may be designated by the Company
and which are reasonably consistent with the job title.

3.2. The Employee may from time to time be required to carry out such other reasonable duties as the Employer
may decide, without additional remuneration, should this be necessary to meet the needs of the business.

4. Commencement of employment
The Employee’s employment with the Employer commences on July 24, 2023 .

5. Probationary period
The Employee’s employment shall be probationary for a period not exceeding 3 months from the date of
commencement of employment as stated in clause 4.

The Employee's probationary employment is subject to the Company's standards for regularization of
employment, which Employee hereby acknowledges to have received, read and understood. These standards
are outlined in Annexure 4 which is also made an integral part of this Agreement.

The Company will evaluate the Employee's performance during the Probationary Period and decide whether
he/she is qualified to be a regular employee. If the Employee fails to meet the standards for regularization of
employment, the Company may either extend the Probationary period for the further period of up to three
(03) months or terminate this Agreement without notice.

At the end of probationary period, the Employee shall be considered as regular employee unless instructed or
notified otherwise. Pursuant to clause 19.1, the Employee’s probationary employment may be terminated by
either party by giving 1 month notice period in accordance with the applicable procedure, for any just or
authorized cause or for failure or inability to meet the prescribed standards.

Upon regularization, the Employee agrees to be governed by the same terms and conditions of this
Agreement as well as other rules and regulations issued by the Company from time to time.

6. Working Office Hours

The Employee will be governed by the work schedule policy as existing in the Company, the gist of which is:

o Standard working office hours in all locations shall be from 9.00 am to 6.00 pm inclusive of lunch
and tea breaks, from Monday through Friday.
o Office timings and weekly offs may vary as per the location, business and customer requirements.
o Employees in 24*7 operations and/or those following client calendars would follow the shift
schedule as per their OMC or Department Roster/schedule
o At a minimum,
o The dynamic and global nature of work at HCL will mean that all employees are prepared,
open and willing to accommodate global working and improved productivity standards and
display reasonable flexibility beyond the principal working hours.
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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

7. Place of Work
The Employee’s normal place of work will be "Cinnamon Life at No. 5, Justice Akbar Mawatha, Colombo - 02"
, provided that the Employer reserves the right to change this to any place pursuant to clause 18 of this
Agreement.

8. Remuneration
The Employee shall be paid an initial salary as stated in Annexure 2 of the Offer Letter, inclusive of any fees
due to the Employee by the Company or any Group Company, as an officer or authorized representative of the
Company. Subject to clause 10 the Employee's salary shall accrue from day to day and be payable monthly in
arrears directly into the Employee's bank.

9. Exclusivity of Service
Employee shall not, without the prior written consent of the Company, either as principal or agent, carry on or
be engaged, concerned or interested directly or indirectly (whether alone or in association or conjunction
with, any other person and whether as an employee or in any other capacity) in any trade, business or
occupation whatsoever other than that of the Company or Group Company.

10. Tax
10.1. The Employee will be liable to pay all applicable taxes arising out of the remuneration as per applicable
local laws.
10.2. Tax and other deductions from the Employee’s salary will be made in accordance with the applicable
laws. Accordingly, PAYE tax deducted from the employee’s earning’s to be remitted by employer to
Department of Inland Revenue where applicable.

11. Holidays and Leaves

The Employee’s Holiday and leave entitlement shall be as per applicable law and the Company Policies.

12. Absences due to sickness or injury

In the event of incapacity due to sickness or injury the Employee must advise his/her Reporting Manager not
later than time to report sick as stated in the Company Policies. Employee shall be governed by the terms and
conditions of the Company Policies for this clause.

13. Confidentiality
This Agreement is being made subject to the condition that the Employee strictly maintain the confidentiality
of this Agreement and not divulge or communicate in any manner, unless required otherwise by law or valid
court order, any information regarding his/her compensation and terms of employment to any persons other
than his/her immediate Reporting Manager, the appropriate officials in the Human Resources department of
the Company, and his/her spouse, attorney, accountant and/or financial advisor provided that such persons
agree to keep such information confidential for the benefit of the Company.

14. Grievances
If the Employee has any grievance in relation to his/her employment, he/she should raise it with Reporting
Manager first in writing. If the matter is not resolved, Employee should raise the matter in writing with the
concerned HR Manager who will arrange for a formal review with responsible officials of the Company. The
decision taken after such review will be final and conclusive.

15. Code of Conduct

The Employee is required to abide by the policies and work rules of the Company as per the Company Policies.
The Employee is required to read the Company Policies and take all necessary steps to ensure that they are
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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

properly observed. Failure to adhere to Company Policies will result in disciplinary action, which may include
dismissal, in accordance with the Company’s Discipline Procedure.

16. Time Reporting & Attendance Management

The Employee understand and agree that he/she will be required to comply with the Company’s policies
concerning time reporting and attendance management, as mentioned in Company Policies. Employee’s
failure to abide by these policies will subject him/her to disciplinary action.

17. Background Checks

During the term of employment, the Company may undertake the process of checking credentials of the
Employee in terms of education, previous employment(s), and other information provided in the resumes/CVs
as submitted by the said Employees, either on its own or with the help of a third party as and when required.
For the avoidance of doubt, the Employee’s signature in this Agreement constitutes the Employee’s express
authorization for the Company (or the appointed third party) to conduct a background investigation on his/her
credentials, as may be necessary. Furthermore, the Employee agrees to submit himself / herself to random
drug /medical testing at any time during the course of employment as permitted by law.

18. Mobility
The Employee shall also be required to work in any other place of work at the premises of the Company or its
customers / business partners, within or outside the HCL Technologies Lanka (Private) Limited as and when
requested by the Company. During the overseas assignment, which also include deputation / transfer to the
Group Company, the Company will facilitate all necessary immigrations permits, like business or work visa,
residence permits etc., and the Employee will provide all necessary documents and information required for
the said purpose. The Employee shall be governed by the terms and conditions of the deputation letter or any
other letter issued in that regard, including but not limited to, his/her purpose of travel, the Employee’s place
of work, holidays entitlements, wage payments, effect of conclusion of your overseas assignments.

19. Termination of employment

19.1. This Agreement may be terminated by either party by giving 3-month notice. During probation either party
shall give 1 month notice to the other.

19.2. All notices of termination shall be given in writing.

19.3. During any period of notice of termination given by the Employee, the Employer may require the Employee
not to attend his/her place of work for the duration or part of the notice period and/or may at its discretion
relieve the Employee of some or all of his/her contractual duties during that period. During the period of
notice, the Employee will remain an employee of the Employer and remain bound by these terms and
conditions. This will not affect the Employee’s entitlement to receive basic salary, together with a payment
that reflects the value of all contractual benefits that would have been due to the Employee during the period
of notice.

19.4. The Company may also terminate the employment, forthwith and without notice (even during probation
period), if the Employee:
19.4.1. is guilty of any gross misconduct affecting the business of the Company and /or any harm to any of
its other employee of the Company;
19.4.2. commits any serious or repeated breach or non-observance of any of the provisions of this
Agreement or refuses or neglects to comply with any reasonable and lawful directions of the
Company;
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 HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

19.4.3. is, in the reasonable opinion of the Company, grossly or habitually negligent and incompetent in
the performance of his/her duties;
19.4.4. is convicted of any criminal offence or any offence under any regulation or legislation relating to
insider dealing;
19.4.5. ceases to hold Professional Qualification, based on which the said Employee was employed;
19.4.6. becomes of unsound mind or a patient under any local statute relating to mental health;
19.4.7. ceases to be eligible to work in the HCL Technologies Lanka (Private) Limited
19.4.8. is adjudged by a court of law to be guilty of any fraud or dishonesty or acts in any manner which in
the opinion of the Company brings or is likely to bring the Employee or the Company into disrepute
or is materially adverse to the interests of the Company
19.4.9. is in breach of the Company's anti-corruption, bribery policy and anti-money laundering policy and
related procedures;
19.4.10. is guilty of a breach of any rules issued by the Company from time to time;

19.5. The rights of the Company under this clause are without prejudice to any other rights that it might have at
law to terminate the employment or to accept any breach of this Agreement by the Employee as having
brought the Agreement to an end. Any delay by the Company in exercising its rights to terminate shall not
constitute a waiver thereof.

19.6. The Employer shall be entitled to suspend the Employee’s employment with or without pay pending the
outcome of disciplinary proceedings against the Employee and/or in the event of the Employee refusing to
obey a lawful order including (but not restricted to) those given to comply with the Employer's statutory
obligations.

19.7. Deductions from Salary

19.7.1. The Employer reserves the right and the Employee irrevocably authorizes the Employer, at any time
during the Employee’s employment, or in any event upon termination, to deduct from the Employee’s
salary and/or any other monies due to the Employee, an amount equivalent to any of the followings
subject to a maximum of 60% of employee’s total salary:
19.7.1.1. any overpayment of salary, remuneration or other payment made to the Employee during
the course of this employment;
19.7.1.2. In the case of undertime by which employee fails to render the required number of hours
worked per week or per day as the case may be.
19.7.1.3. the outstanding amount of any loan or advance made by the Employer to the Employee.
19.7.1.4. any cost of repairing any damage to or loss of property, or any other loss sustained by the
Employer or any third party, caused by the Employee’s breach of contract, breach of the
Employer’s rules or as a result of the Employee’s negligence, fault, or dishonesty; and
19.7.1.5. cost of unreturned Company property at the time of termination of Employment.

20. Retirement
The Employee has a fixed retirement age of 60 years of age. Employee agrees and confirms that he/she
voluntary waives unfair dismissal and age discrimination claim, pursuant to the above-mentioned age of
his/her retirement. Employment shall terminate on the date the Employee reaches the fixed retirement age
unless previously notified by the Company in writing.

21. Effect of Termination and Retirement

On termination (or at retirement) of the employment (however arising) the Employee shall:
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 HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

21.1. Immediately deliver to the Company all documents, books, data, materials, records, correspondence, papers
and information (on whatever media and wherever located) relating to the business or affairs of the
Company or its business contacts, any keys, credit card and any other property of the Company including any
car provided to the Employee, which is in the Employee’s possession and/or control;
21.2. irretrievably delete any information relating to the business of the Company stored on any magnetic or
optical disk or memory and all matter derived from such sources which is in his/her possession or under
his/her control outside the Company's premises;
21.3. provide a signed statement that the Employee has complied fully with the Employees obligations under this
clause, together with such reasonable evidence of compliance as the Company may request.

22. Correctness of the Details Furnished

The Employee is appointed on the presumption that the particulars furnished in the Employee’s application
and resume are correct. In the event the said particulars are found to be incorrect or that the Employee
withheld some other relevant facts, the Employee’s appointment with the Company may be terminated
forthwith.

23. Health and Safety

The Employer has a detailed health and safety policy a copy of which is available at Company Policies. The
Employee is required to read the policy and take all necessary steps to comply. Failure to comply may result in
disciplinary action and, in serious cases, dismissal.

24. Equal opportunities

The Employer is an equal opportunities employer and has a detailed equal opportunities policy a copy of
which is available at Company Policies. The Employee is required to read the policy and take all necessary
steps to ensure that it is properly observed. Failure to comply with the terms of the policy may result in
disciplinary action and, in serious cases, dismissal.

25. Alcohol and drugs abuse

The Employer has an Alcohol and Drugs Abuse Policy as a part of Code of Business Ethic and Conduct, which is
available at Company Policies. The Employee is required to read the policy and take all necessary steps to
comply. Failure to comply may result in disciplinary action including dismissal.

26. Right to search

26.1. The Employer reserves the right to search employees or any of their property held on the
Employer’s premises, at any time, if the Employer reasonably believes that its Alcohol and Drugs
Abuse Policy is being infringed or if it reasonably believes that an employee may have committed a
criminal offence.
26.2. If the Employee refuses to comply with the Employer’s Search Procedure, such refusal will normally
be treated as amounting to gross misconduct and will entitle the Employer to take disciplinary
action including dismissal.

27. Indemnity
The Employee will indemnify the Employer in respect of any liability incurred by the Employer as a direct
consequence of the Employee’s negligence, breach of contract, breach of duty or breach of trust in relation to
the affairs of the Employer.

28. Data Protection

28.1. During the course of your employment and for a period thereafter, we will process your personal data and
special categories of personal data relating to you in accordance with applicable data protection laws, and as

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

defined in our Global Privacy Policy and Employee Privacy Notice (as may be updated from time to time). The
policy and the notice are hosted on HCL’s Intranet at all times.
28.2. You are required to comply with HCL's Global Privacy Policy and other related policies and processes
regarding the processing of personal data and the use of equipment provided to you for use in the normal
course of your employment, including, without limitation, any method of electronic communication. Failure
to comply with such policies will be dealt with under HCL’s disciplinary procedure and, in serious cases, may
be treated as gross misconduct leading to the Employee’s summary dismissal following due process.
28.3. You are required to keep HCL up to date in relation to any changes to your personal data that HCL needs to
process in relation to you and as specified in the Global Privacy Policy and Employee Privacy Notice, during
the course of your employment.
29. Notices
29.1. A notice given to a Party under this Agreement shall be in writing in the English language and signed by or on
behalf of the Party giving it. It shall be delivered by hand or sent to the Party at the address given in this
Agreement or as otherwise notified in writing to the other Party.
29.2. Any notice of resignation by the employee must be triggered in exit management system which is available at
myhcl.com or any other place as informed by the Company from time to time.

29.3. Any such notice shall be deemed to have been received:

29.3.1. if delivered by hand, at the time the notice is left at the address or given to the addressee;
29.3.2. in the case of pre-paid first class post or courier of international repute, other next working day
delivery service, at 9.00 am on the second business day after posting or at the time recorded by the
delivery service.

30. Monitoring
The Employee consents to the Company monitoring and recording any use that an Employee makes of the
Company's electronic communications systems, computers, hardware, and other facilities for the purpose of
ensuring that the applicable laws, regulations, and Company Policies are being complied with and for any
other legitimate business purposes. The Employee shall comply with any electronic communication systems,
computer and internet usage policies, if any, that the Company may issue from time to time.

31. Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or
formation (including non-contractual disputes or claims) shall be governed by and construed in accordance
with Sri Lankan law. The Parties irrevocably agree that the courts of Sri Lanka shall have non-exclusive
jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject
matter or formation (including non-contractual disputes or claims).

32. Duties Exclusivity of service

During the term of employment, the Employee shall (a) unless prevented by incapacity, devote the whole of
his/her time, attention and abilities to the business of the Company; (b) diligently exercise such powers and
perform such duties as may from time to time be assigned to him/her by the Company, together with such
person or persons as the Company may appoint to act jointly with him/her; (c) comply with all reasonable and
lawful directions given to him/her by the Company; (d) promptly make such reports to his/her Reporting
Manager in connection with the affairs of the Company on such matters and at such times as are reasonably
required; (e) report his/her own wrongdoing and any wrongdoing or proposed wrongdoing of any other
employee or director of the Company to his/her Reporting Manager immediately on becoming aware of it; (f)
use his/her best endeavors to promote, protect, develop and extend the business of the Company; and (g)
comply with any rules, policies and procedures set out in the Company Policies. The Company Policies may be
amended by the Company at any time. To the extent that there is any conflict between the terms of this
Agreement and the Company Policies, this Agreement shall prevail.
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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

33. Employee Warranties

The Employee represents and warrants to the Company that, by entering into this Agreement or performing
any of his/her obligations under it, he/she will not be in breach of any court order or any express or implied
terms of any contract or other obligation binding on him /her and undertakes to indemnify the Company
against any claims, costs, damages, liabilities or expenses which the Company may incur as a result of a breach
of any such obligations. The Employee warrants that he /she is entitled to work in the <<Company name>>
without any additional approvals and will notify the Company immediately if he/she ceases to be so entitled
during the employment.

34. Entire Agreement

34.1. This Agreement and any document referred to in it constitutes the whole Agreement between the Parties
and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and
agreements between them.
34.2. Each Party acknowledges that in entering into this Agreement it has not relied on and shall have no remedy in
respect of any pre-contractual statement.
34.3. Each Party agrees that its only liability in respect of those representations and warranties that are set out in
this Agreement (whether made innocently or negligently) shall be for breach of contract
34.4. Nothing in this Agreement shall limit or exclude any liability for fraud.

35. Variation
No variation or agreed termination of this Agreement shall be effective unless it is in writing and signed by the
Parties (or their authorized representatives).

36. Counterparts
This Agreement may be executed in any number of counterparts, each of which, when executed and
delivered, shall be an original, and all the counterparts together shall constitute one and the same instrument.

37. Third Party Rights

No person other than a Party to this Agreement may enforce any of its terms.

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

ANNEXURE 5

This Annexure contains the Employee Undertakings which sets forth certain employee obligations with respect to
the protection of the confidential information and legitimate business interests of HCL Technologies Lanka
(Private) Limited.

As a condition of my employment and/or continued employment with HCL Technologies Lanka (Private) Limited
(the “Company”), and my receipt of the compensation now and hereafter paid to me by the Company, I agree to
the followings:

1. Confidential Information:

Company Information: I shall not use, communicate or disclose, except for the benefit of the Company,
any Confidential Information relating to the Company, its corporate parent, or any of their subsidiaries or
affiliates (collectively “Company Parties”), to which I have been privy to by virtue of being an employee of
the Company. I understand that “Confidential Information” for this purpose shall mean and include all
information, regardless of the form whether oral, written, stored in a computer database or otherwise,
which in any way relates to markets, customers (including, but not limited to customers of any of the
Company Parties with whom I interacted or with whom I became acquainted while being associated with
the Company), products, patents, inventions, know-how, software, procedures, methods, designs,
strategies, plans, assets, liabilities, revenues, pricing lists, customer information, profits, organization,
employees, agents, distributors or business in general of any of the Company Parties. I understand that
Confidential Information and trade secrets do not include any of the items mentioned above, which have
become publicly known and made generally available through no wrongful act of mine, or of others who
were under confidentiality obligations, as to the item or items involved. I hereby agree to maintain the
secrecy and confidentiality of such Confidential Information.

Former Employer Information: I agree that I will not, during my employment with the Company,
improperly use or disclose any proprietary information or trade secrets of any former or concurrent
employer or other person or entity. Further, I will not bring into the Company premises any proprietary
information or trade secret of any such employer, person or entity unless consented to in writing by such
employer, person or entity.

Third Party Information: I recognize that the Company has received, and in the future will receive, from
third parties their confidential or proprietary information subject to a duty to maintain the confidentiality
of such information and to use it only for certain limited purposes. I agree to hold all such confidential or
proprietary information in the strictest confidence and agree to not disclose it to any person, corporation
or entity. I also agree not to use such information except as necessary in carrying out my work for the
Company consistent with the Company’s Agreement with such third party.

2. Inventions:

Inventions Retained and Licensed: I have attached hereto, as Exhibit No. 1, a list describing all inventions,
original works of authorship, developments, improvements, and trade secrets which were made by me
prior to my employment with the Company (collectively referred to as “Prior Inventions”), which belong
to me, which relate to the Company’s proposed business, products or research and development, and
which are not assigned to the Company hereunder, or, if no such list is attached, I represent that there are
no such Prior Inventions. If in the course of my employment with the Company, I incorporate into a
Company product, process or machine a Prior Invention owned by me or in which I have an interest, the
Company is hereby granted and shall have a nonexclusive, royalty-free, irrevocable, perpetual, worldwide
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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

license to make, have made, modify, use and sell such Prior Invention as part of or in connection with
such product, process or machine.

Assignment of Inventions: I agree that I will promptly make full written disclosure to the Company, will
hold in trust for the sole right and benefit of the Company, and hereby assign to the Company, or its
designee, all my right, title, and interest in and to any all inventions, original works of authorship,
developments, concepts improvements or trade secrets, whether or not patentable or registrable under
copyright or similar laws, which I may solely or jointly conceive or develop or reduce to practice, or cause
to be conceived or developed or reduced to practice, during the period of time I am in the employ of the
Company (collectively referred to as “Inventions”), except as provided in sub-section (e) below. I further
acknowledge that all original works of authorship created by me (solely or jointly with others) within the
scope of and during the period of my employment with the Company and which are protectable by
copyright are “works made for hire”..

Maintenance of Records: I agree to keep and maintain adequate and current written records of all
Inventions made by me (solely or jointly with others) during the terms of my employment with the
Company. The records will be in the form of notes, sketches, drawings, and any other format that may be
specified by the Company. The records will be available to the Company and remain the sole property of
the Company at all times.

Patent and Copyright Registrations: I agree to assist the Company, or its designee, at the Company’s
expense, in every proper way to secure the Company’s rights in the Inventions and any copyrights,
patents, mask work rights or other intellectual property rights relating thereto in any and all countries,
including the disclosure to the Company of all pertinent information and data with respect thereto, the
execution of all applications, specifications, oaths, assignments and all other instruments which the
Company shall deem necessary in order to apply for and obtain such rights and in order to assign and
convey to the Company, its successors, assigns, and nominees the sole and exclusive rights, title and
interest in and to such Inventions, and any copy rights, patents, mask work rights or other intellectual
property rights relating thereto. I further agree that my obligation to execute or cause to be executed,
any such instrument or papers shall continue after the termination of my employment. If the Company is
unable to perfect any right, title, interest because of my mental or physical incapacity or for any other
reason to fail to secure my signature to apply for or to pursue any application for any local or foreign
patents or copyright registrations covering Inventions or original works of authorship assigned to the
Company as stated above, then I hereby irrevocably designate and appoint the Company and its duly
authorized officers and agents as my agent and attorney in fact, to act for and on my behalf to execute
and file any such applications and to do all other lawfully permitted acts to further the prosecution and
issuance of letters patent or copyright registrations thereon with the same legal force and effect as if they
were executed by me.

Exception to Assignments: I understand that the provisions of this Annexure requiring assignment of
Inventions to the Company do not apply to any invention for which no equipment, supplies, facilities or
trade secret information of the Company was used and which was developed entirely on my own time,
unless: (i) at the time the Invention was conceived or reduced to practice, it related (A) directly to the
business of the Company, or (B) to the Company’s actual or demonstrably anticipated research or
development; or (ii) the Invention resulted from any work performed by me for the Company. I will
advise the Company promptly in writing of any inventions that I believe meet the criteria of this
paragraph.

3. Conflicting Employment:

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

I agree that, during the term of my employment with the Company, I will not engage in any other
employment, occupation, consulting or other business activity directly related to the business in which
the Company is now involved or becomes involved during the term of my employment, nor will I engage
in any other activities that conflict with my obligations to the Company.

4. Returning Company Documents:

I agree that, at the time of leaving the employment of the Company, I will deliver to the Company (and
will not keep in my possession, recreate or deliver to anyone else) any and all devices, records, data,
notes, reports, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials,
software, databases, equipment, other documents or property, or reproductions of any aforementioned
items developed by me pursuant to my employment with the Company or otherwise belonging to the
Company, its successors or assigns.

5. Notification to New Employer:

If I leave the employment of the Company, I hereby grant consent to the Company to notify my new
employer about my rights and obligations hereunder.

6. Solicitation of Employees:

I agree that, during the course of my employment and for a period of one (1) year thereafter, regardless
of how my employment has ended, I shall not, either directly or indirectly, solicit, or attempt to solicit, or
hire, for employment with me or with any other person or entity, any employee of the Company or any
employee of the Company Parties with whom I worked or had contact with in the course of my
employment with the Company, nor will I, directly or indirectly, solicit or induce, or attempt to solicit or
induce, any employee or independent contractor of the Company or any of the Company Parties to leave
his or her employment with the Company or any of the Company Parties, or to terminate his or her
Agreement to provide services to the Company or any of the Company Parties.

7. Solicitation of Customers and Business Partners:

To the extent permitted by applicable law, I agree that, during the course of my employment and for a
period of one (1) year thereafter, regardless of how my employment has ended, I shall not, either directly
or indirectly, solicit any business, for myself, or for any other person or entity, from any client or potential
client of the Company with which I had contact in the course of my employment during the final one (1)
year of my employment with the Company or concerning which I had access to Confidential Information,
during and by virtue of my employment with the Company.

8. Services for Clients:

To the extent permitted by applicable State law, I agree that for a period of one (1) year following the
termination of my employment, regardless of how my employment has ended, I shall not, perform
directly or indirectly any services with or for any customer of the Company for which I performed such
services within the one (1) year prior to the termination of my employment with the Company, unless I
have received written authorization from the Company to do so. As used in this paragraph “Services”
means any service or work, including, without limitation, any programming, coding, design, analysis,
marketing, sales, or recruiting that is the same as or similar to any service or work that I performed while
employed by the Company.

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

9. General Provisions Regarding Covenants

Extension of Covenants: If I breach any of my obligations in paragraph 6, 7 or 8 of this Annexure, I

understand and agree that the time periods of the obligations that I have breached shall be extended by
the period of time of such breach.

Attachment Read, Understood and Fair: I have carefully read and considered the provisions of this
Annexure and agree that all of the restrictions set forth are fair and reasonable and are reasonably
required for the protection of the interests of the Company and enhancing its goodwill.

10. Protection of Systems & Environment:

I agree that during the term of my employment or association with the Company, I shall render services,
as directed, in an ethical & professional manner and in accordance with the work related Company
Policies such as E-mail & Internet Usage Policy, Information Security Policy etc., and their modification
from time to time. As a part of my job requirement, I may be required to, or would have access to
Company’s and Company customer’s work and computer environment and, as such undertake not to
incorporate into Company’s and any customer deliverables, software, computer, network, data or other
electronically stored information or computer program or system, any security device, program routine,
device, code or instructions (including any code or instructions provided by third parties) or other
undisclosed feature, including, without limitation, a time bomb, virus, software lock, drop-dead device,
digital rights management tool (including without limitation so-called DRM root kits), malicious logic,
worm, trojan horse, trap door, or other routine, device, code or instructions with similar effect or intent,
that may be capable of accessing, modifying, deleting, damaging, disabling, deactivating, interfering with,
shutting down, or otherwise harming any software, computer, network, deliverables, data or other
electronically stored information, or computer programs or systems,. I understand that any violation or
likely violation hereof may expose the Company to enormous losses & damages, including without
limitation claims from Company’s customers and as such the Company will be entitled to recover all such
monies from me.

11. Remedies:

By virtue of the duties and responsibilities attendant with my engagement by the Company, I understand
that great loss and irreparable damage would be suffered by the Company if I should breach any of the
terms in paragraphs 1 through 4, 6 through 8, or 10 of this Annexure. I acknowledge that each such term
is reasonably necessary to protect and preserve the interests of the Company. Therefore, in addition to
all other remedies available to the Company at law or in equity, the Company shall be entitled to, specific
performance, a temporary restraining order and a permanent injunction to prevent a breach or the
continuation of a breach of any of the terms of this Agreement.

12. Representations:

I represent that my performance of all the terms of this Agreement will not breach any confidentiality
agreements prior to my employment by the Company. I have not entered into, and I agree I will not enter
into, any oral or written Agreement in conflict with any of the provisions of the undertakings in this
Annexure.

13. Integration:
I understand and agree that this Attachment is part of my integrated Employment Agreement with the
Company, and that the general provisions in the Agreement to which this is an attachment including, without
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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

limitation, those provisions concerning reformation and severability, shall be applied when interpreting this
Annexure.

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

EXHIBIT No. 1

LIST OF PRIOR INVENTIONS AND ORIGINAL WORKS OF AUTHORSHIP

Title Date Identifying Number or Brief Description

________ No inventions or improvements

________ Additional Sheets attached

Signature of Employee: _________________

Print Name of Employee: _______________

Date: ______________________________

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HCL Technologies Lanka (Private) Limited
The Offices at Cinnamon Life,
No 05, Justice Akbar Mawatha, Colombo 2, Sri Lanka
www.hcltech.com

Acknowledgment

I accept the employment offer of HCL Technologies Lanka (Private) Limited, (“the Company”) according to the
terms and conditions set forth in the Offer Letter along with Annexures 1, 2, 3, 4 &5 dated, May 19, 2023.

I understand that I have the right to consult with an attorney independent from the Company regarding the terms
of the Agreement, the Offer Letter along with its all annexures. I have been given the opportunity to do so, and I
have done so to the degree I believe necessary.

I will not assign my rights under this Agreement and any attempted assignment will be null and void.

No representation, commitment or inducement has been made to me except as specifically set forth in the
Agreement and Offer Letter, and I am not relying upon any terms other than as set forth in the Agreement and
Offer Letter along with its all annexures.

I agree to the terms of the Agreement and Offer Letter along with its all annexures and freely make the statements
set forth above.

Signature :……………………………………………

Name :………………………………………………

Date :………………………………………………

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