@9care Addendum Employment contract Between C-CARE (Mauritius) Ltd (“The Company”) And Ms. Yakshi Nagawa (“The Employee”) ID Number: NO60184310032D eres Pree}@acare ADDENDUM CONTRACT OF EMPLOYMENT dated 01*t August 2020 PARTIES, (1) -Care (Mauritius) Ltd, a company incorporated in Mauritius with business registration number C07002054 and whose registered office is at 5" Floor, Ebene Skies, Rue de L'Institut, Ebene, (the ‘Employer’ or ‘C-Care (Mauritius) Ltd’); and (2) Ms. Yakshi Employee’). lagawa residing at 15, Challenger Street, Roches Brunes "You" or “the 1 Appointment You are already employed by C-Care (Mauritius) Ltd. Your new conditions of employment is set out as per the below terms and conditions in this contract (the “Employment Contract’). Your initial date of employment is the 01" October 2012 2 Full time employment and Place of work 2.1. This is a full time employment and is not compatible with any other paid occupation or activities which would conflict with the proper performance of the Employee's employment with the Company. Moreover, the Employee is not to engage in any coccupation/business which is in competition with the activities of the Company. 2.2 Notwithstanding the foregoing, it is specifically understood that the Employee, may during the term of the present agreement, be transferred or seconded to another . location in Mauritius for a specific and/or indefinite period at the sole discretion of the Company. In case this geographic mobility is to apply, the Company shall give prior written notification to the Employee who acknowledges that such proposed change in the place of work under the terms of this clause shall not constitute a substantial modification of the Agreement. Pores44 42 @9care The Employee shall report to the C-Care - Head of Catering Services or to any other person as may be designated from time to time by the executive directors of the company. Duties AND Responsibilities ‘The Employee shall perform such duties as customarily related to the function of Head of Dietetics for the Company. Without prejudice to the generality of the foregoing, the Employee shall be expected to perform such tasks as outlined in the job description annexed which shall be deemed an integral part of this Contract, of Employment. The Employee may be required to undertake additional or ancillary duties from time to time as may reasonably be directed, provided these are compatible with the Employee's status and function. During your employment you shall: 4.2.1 unless prevented by illness or accident or during an authorized absence, devote the whole of your time, attention and skill during your working hours to the carrying out of your duties under this Employment Contract and will not would conflict with the proper performance of your duties or with the business interests of the Employer, 4.2.2 obey all lawful and reasonable directions or instructions from time to time given to you by your Manager or any other authorised person; 4.2.3 comply with the Employer's rules, regulations and policies from time to time in force: ‘engage in any activities whi 4.2.4 use your best endeavours to promote, develop and protect the business, interests and reputation of the Employer, and 4.2.5 not use (or allow to be used) your knowledge of or connection with the Employer or any knowledge of or connection with any contact of or supplier to the Employer for any purpose other than the proper purposes of the Employer. eared) Pea]@9care 5 Hours of work 5.1 The Employee's normal working week will consist of five (5) days with the following working hours: Monday to Friday: from 8:00 a.m, to 5:00 p.m. Your working hours consists of 195 hours monthly including day and night duty and will be scheduled as per the departmental duty roster. As per our internal regulations the normal working hours consists of 195 hours as per duty roster including work on. ‘Sundays and public holidays and excluding the daily meal breaks. The working hours will be mentioned by your HOD. If at any point ime, you are required to work for less than 195 hours per month, this Should not be interpreted as modifying the maximum number of working hours of 195 hours monthly. You may at any time, be called to perform 195 hours per month of work depending on the exigencies of your department. Working hours may be changed in the near future as per exigencies of the post. Management reserves the right to change the above working hours as and when required with reasonable notice, depending on operational requirements of the company. 5.2 You fully acknowledge that, as a consequence of the line of business in which the Employer operates and your status as Head of Dietetics you may be called upon to work beyond your normal hours of work in the interests of the Employer's service. Additionally, the Employment may temporarily change the pattern of your normal hours, as it considers necessary to meet the needs of the business. 6 Remuneration 6.1 The Employer will pay you a salary at the rate of: - MUR 45,000/- per month (the “Salary") as from August 2020 to December 2020, and; ~ Upon a successful evaluation in writing after 6 months in the new role as Head of Dietetics, the salary will be reviewed to MUR 55,000/- per month (the “Salary”, effective January 2021 6.2 The Employer will pay you a salary at the rate of MUR §5,000/- per month (the “Salary’). Your Salary will be paid in arrears on or about the 28” by automated bank transfer and will acorue on a daily basis. Sen eer PENT:@9care 6.3 You are required to provide the Employer with all details of the bank account to which your Salary must be transferred. It is your duty to ensure that the Employer at all times has the bank account details on which your Salary has to be transferred. 64 — The rate of Salary payable to you may be reviewed by the Employer annually (except in circumstances where you have served or received notice of termination of your employment) and may be increased by such amount, if any, as the Employer decides having regard to your performance, contribution to the Employer's business, inflation and other factors. There is no guaranteed increase at any time, 65 All payments of Salary are subject to deductions for income tax and pension contributions and other authorised deduction$ or deductions required by law. 66 — Inaddit n to your Salary, you will be entitled to a monthly Consultation Fee of MUR 4,000/- to provide services such as patients visits; personalised counselling and follow ups; tailor-made diet plans, ete 6.7 You will be entitled to a monthly Travelling Allowance of MUR 10,000/- to cover all travelling costs for business and work-related purposes. 6.8 Youwill be entitled to a Monthly Telephone Allowance of MUR 1,000/- 6.9 Youwill be entitled to a Monthly Meal Allowance of MUR 600/- 6.10 You will also be entitled to an end of year bonus as per the provisions of the Workers’ Rights Act. 7 Pension Plan 7.1 The Employee is eligible for membership of the Employer's occupational pension scheme (or such other registered pension scheme as may be set up in place of it) subject to and in accordance with its governing provisions from time to time. Further information about the scheme is available from the HR Department. ce aT De@acare 8 Medical Insurance 81 You will be covered by the Medical Insurance provided by the Employer, subject however to the following: {(a)the proposal to join any particular medical insurance scheme will be at the instance of the Employer. (b) the choice of the provider of the medical insurance scheme shall be at the discretion of the Employer. (©) Your entitlement to benefits and/or cover under any scheme referred to in this clause is subject always to the terms and conditions of such scheme from time to time in force. . 9 Annual Leave 9.1 You are entitled, during each subsequent period of twelve (12) months, to 22 working days’ paid leave inclusive of the two (2) days special leave. 10 Sick Leave 10.1 The Employee is entitled to paid sick leave as per the provision in the Employment Rights Act. 10.2. The Employee who remains in continuous employment with the Company for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while the Employee remains in the continuous employment, to 15 ‘working days’ sick leave on full pay. 10.3. Where, at the end of the period of 12 consecutive months, any outstanding sick leave not taken during the year shall be accumulated to a maximum of 90 working days over a period of 6 years. 11 Disciplinary and grievance matters 11.1. The Employer may, in its absolute discretion, suspend you on full pay in order to investigate any claim or allegation which it considers could constitute gross misconduct, where relationships have broken down, where the Employer has any grounds to consider that its property or responsi and/or where the Employer considers that your continued presence at the Employer's premises could hinder an investigation. to other parties are at risk, Cee Dre]@9care 12 Termination of employment. 12.1 Ifyou decide to terminate this Employment Contract, you need to give the Employer two months’ notice. Should you fail to give two months’ notice as per this clause, you will be required to give the equivalent of two months’ salary to the Employer as payment in lieu of notice. 12.2. Nothing in this Employment Contract will prevent the Employer from summarily terminating your employment for reason(s) that are permitted under the law, including but not limited to the Workers’ Rights Act, and after having followed the procedures laid down under the Workers’ Rights Act. 13 No other trade or business or conflict of interest During the employee’s employment, he/she may not, without the prior written consent of the company, be in any way engaged or concerned in any other trade or business of whatsoever nature either alone or with or on behalf of any other person. Without in ‘any way limiting the generality of the a foregoing, during the Employee's employment he may not without the prior written consent of the Company be involved in any interest of whatsoever nature that constitutes of could constitute a conflict of interest between the Employee and the Company. In the event of such a conflict of interest arising, the employee hereby undertakes to disclose such interest to the Company forthwith and seek the written approval of the Company in relation thereto. 14 Confidential information 14.1 _ In this contract Confidential Information means: 14.1.1 inform: n relating to the Employer's business, management systems, Human . Resources, transactions and affairs of the Employer including price and cost information and statistics, discount structures, sales statistics, business plans and programmes (including medical plans and programmes), potential business opportunities, expansion plans, marketing surveys and strategies, research and development projects, details and any other information of any medical research initiative/projects, business forms, contractual negotiations, lists and details of patients, patients’ medical files and history, information provided by patients for the purposes of their in-patient and/or out-patient treatmentivisit(s) to the Clinic(s), information relating to suppliers and prospective suppliers and details regarding the remuneration of employees, Drea@9care their experience and other information relating to those employed or engaged by the Employer; 14.1.2 trade secrets (including, without limitation, formulae, computer programs, Processes, methods, inventions, technical data, databases of patients and suppliers, know-how, results of medical research, medical techniques, training techniques, marketing data, operating procedures, policies and practices and designs) relating to the business of the Employer, 14.1.3 information in respect of which the Employer is bound by an obligation of confidentiality ~ whether contractual or statutory — to third parties, including patients; and 14.1.4 any information which is identified to you-by the Employer as being confidential or secret in nature or which ought reasonably to be regarded as confidential 14.2 Except in the proper performance of your duties (or as required by law), you will not, either during your employment or at any time after the termination of your ‘employment, without the prior written approval of the Employer, use Confidential Information for your own benefit or for the benefit of any other person, firm, company or organisation (other than the Employer), or directly or indirectly disclose Confidential Information to any person (other than any person employed by the Employer whose province is to have access to that Confidential Information). 14.3 During your employment you will 14.3.1 use your best endeavours to prevent the unauthorised publication or disclosure by third parties of any Confidential Information; and 14.3.2 not make (otherwise than for the benefit of the Employer) any notes, memoranda, records, tape recordings, computer programs, photographs, plans, drawings or any other form of record (whether electronic or paper) relating to any matter within the scope of the business of the Employer or concerning any of the dealings or affairs of the Employer. 14.4 The restrictions cont ed clause will not apply to any Confidential Information or other information which (otherwise than through your default or the normal operation of the law) becomes available to, or within the knowledge of, the public. Dr Ree]@9care 14.5 On the termination of your employment (or earlier if requested) you must return to the Employer, or its representative, all property, equipment, records, correspondence, documents, files, Confidential Information and other information (whether originals, copies or extracts) belonging to, or in any way relating to the business and affairs of, the Employer which is in your possession or custody or under your control including, without limitation, passes, keys, documents, correspondence, files, reports, minutes, plans, records, surveys, diagrams, manuals, details of or lists of patients (including full medical files and medical notes) suppliers, electronic equipment, computer equipment, computer disks, memory sticks and other digital storage or memory devices and all copies, extracts or ‘summaries of such items, whether in a physical or electronic form. You must also delete, irretrievably, any information relating to the business of the Employer that you have stored on any computer and communication systems, electronic or digital storage or memory device that does not belong to the Employer, including (to the extent technically practicable) from such systems and data storage services provided by third parties. You must at the same time confirm to the Employer in writing that you have complied with your obligations under this clause. 18 Data protection and monitoring 15.1 You consent to the Employer processing your personal data and sensitive personal data (as defined in the Data Protection Act 2017) concerning you in its manual and computerized /automated filing systems intemally and, so far as is reasonably necessary, externally, for the purposes of complying with statutory requirements, meeting the Employers legitimate interests, properly conducting the Employer's business, complying with the terms of this contract and for all purposes in connection with your employment with the Employer. 15.2 You consent to your personal data and sensitive personal data for the purposes envisaged in clause 15.1 above being transferred to and processed by: 15.2.1 any Associated Company and their employees; 18.2.2 professional advisors of the Employer or of the Associated Companies; 15.2.3 any third party providing services to the Employer or to the Associated ‘Companies for the benefit of its employees; 15.2.4 the Mauritius Revenue Authority; and oe Py@a9care 15.2.5 prospective purchasers of all or any part of the Employer's business in return {for suitable confidentiality undertakings regardless of the country to which the data is to be transferred. 15.3 You consent to the Employer monitoring, intercepting, reading and recording your telephone, email and other electronic communications for the purpose of monitoring and recording to establish facts, to establish compliance with regulatory procedures, to prevent or detect crime, to investigate or detect the unauthorised use of the Employer's systems or to ascertain compliance with the Employer's practices or Procedures. The Employer may also monitor and record communications to check that they are relevant to its business. . 46 Non-Competition 16.1 The Employee agrees to the non-competition obligations described below and acknowledges that these non-competition obligations shall last throughout the employment of the Employee and extend until one year after the termination of the employment relationship between the Employee and the Company (the “Non-Competition Period’) 16.2 The Employee agrees that during the Non-Competition Period, the Employee shall not directly or indirectly, within the territory of Mauritius: (@) be employed by or in any manner whatsoever engage in any capacity with any business which is directly competitive with any business conducted by the Company; (b) render advice or services to, or otherwise assist, any other person, association, company or any entity wholwhich is engaged, directly or indirectly, in any business . directly competitive with any business conducted by the Company. 16.3 The Employee understands that the foregoing restrictions may limit his ability to be employed by or engage in certain businesses in the territory of Mauritius during the Non-Competition Period but acknowledges that he will receive sufficiently high remuneration and other benefits under this Agreement to justify ‘such restrictions. The Employee acknowledges that money damages would not be sufficient remedy for any breach of this clause 16 by the Employee and ‘agrees that the Company shall be entitled to specific performance and injunctive relief as remedies for such breach or any threatened breach. Such remedies eon eye] eee i eat Dr ee@acare shall not be deemed the exclusive remedies for a breach of this clause 16 but shall be in addition to all remedies available at law to the Company. 16.4 It is expressly understood and agreed that the Company and the Employee consider the restrictions contained in this clause 16 to be reasonable and necessary to protect the proprietary information and/or goodwill of the Company. 17 Variation The Employer may make reasonable changes to any of your terms and conditions of employment to the extent that such charges do not amount to a “modification substantielle”. ‘Such changes to your terms and conditions of employment will be notified to you in writing before the date upon which they come into force and ygur consent, whenever needed, will be obtained prior to any changes. 18 Entire agreement and Waiver 18.1. This Employment contract is the entire agreement between you and the Employer in relation to its subject matter and replaces all previous agreements and arrangements (whether written or oral, express or plied) relating to your employment by the Employer. Any such previous agreements and arrangements will be deemed to have been replaced by mutual consent as from the date of this Employment Contract. 18.2 Any decision by the Employer not to enforce its rights against you or not to require you to perform any of your obligations under this Employment Contract shall not amount to a waiver. 18.3. A waiver of any of its rights at any time under this Employment Contract does not imply a permanent waiver of this particular right or of any other right(s) by the Employer. 19 Applicable law and jurisdiction The validity, construction and performance of this Agreement, and any claim, dispute or matter arising under or in connection with itor its enforceability, will be governed by and construed in accordance with the law of Mauritius. Each party irrevocably submits to the jurisdiction of the courts of Mauritius over any clait , dispute or matter arising under or in connection with this Agreement or its enforceability or the legal relationships established by this Agreement. rey De]@9care 20 Adherence to company policies 20.1 The Employee shall adhere to all and any company policy or procedure, including without limitation to the generality of the foregoing, the Company's code of conduct, use of the Company's resources and IT and computer systems and networks. Any relaxation or exception of any Company policies and or procedures by the Company will be at the sole discretion of the Company and shall only take effect when in writing and signed by both parties and shall not create any expectation. 20.2 The Employee shall not utilise company resources for personal use and/or enrichment. 5 20.3 The Employee hereby authorises the Company to monitor and record and intercept his / her communications, whether in electronic or physical format, including but not limited to email, telephone and facsi 20.4 The Employee shall not use company resources to view, download, send or store upon company assets, any website, email or material of an offensive nature. 20.5 The Employee shall take all reasonable steps to minimize the receipt by the ‘Company of unsolicited emails 20.6 The Employee shall not tamper with any company resources, network connections or network points for the purposes of connecting or using the Employee's personal electronic equipment on the Company's network without the prior approval of the ‘Company's head of the IT department. 20.7 The Employee shall ensure that he understands the operational requirements, systems, system requirements and procedures of his/her company department. 20.8 The Employee shall not disclose any Company Confidential Information and/or Protectable Interests to any person in a company department who under the ‘Company's policies should not have access to such information or documentation, or to any other person not employed by the Company. eT] A Siete. Pe@9care 20.9 The Employee shall not provide any Company resources which have been made available to the Employee to any third party, irrespective of whether such third party is an employee of the Company. 21 Medi 21.1 Having registered to nature of business of Employer, during the course of your employment, the employee may be required to take medical examination to meet certain regulatory requirements, the results which will held in complete confidence examination & disclosure by the company doctor and may only be released: (@) if required by law or court order; or (b) if the Employee has in writing consented to the release of that information 21.2 The medical examination will be performed by a registered medical doctor determined by the Company 21.3 The Company will settle the cost of the medical examination. 21.4 The Employee shall disclose to the Company any and all medical conditions suffered by the Employee and which existed prior to the Employee's employment with the Company or which may arise during the course of the Employee's ‘employment with the Company and which may affect the Employee's performance ‘and employment with the Company. This Agreement is signed by the parties on the dates and at the places indicated opposite their respective names. Signed for and on behalf of C-Care (Mauritius) Ltd: Laurent Walter Joelle Baillache Head of Catering Services Head of Human Resources ee Te rt De@9care EMPLOYEE: | agree to the above terms Signed, eer ee Floor Dee