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Offer Letter - 14-Oct-2021 Signed
Offer Letter - 14-Oct-2021 Signed
Re.: Fixed term Employment offer with HCL Technologies Philippines (“Offer Letter”)
Congratulations!
Following your interview with HCL Technologies Philippines, (“the Company”), we are
pleased to offer you an employment on fixed term basis as PROCESS ASSOCIATE, FT.
Terms & conditions of this Offer Letter are in accordance with our standard practices and are
outlined in Annexure 1.
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 Jessa Cabral at
jessa.cabral@hcl.com.
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.
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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!!!
Amrita Das
Vice President, Head-Global Rewards
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Annexure 1
1. This fixed term employment offer with the Company is contingent upon your 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
<Philippines>, if asked for, and (iv) you providing list of documents and information as
outlined in Annexure 3, within a reasonable time before start date.
2. This offer of fixed term employment is subject to and contingent upon your clearing our
BGV process. You hereby warrant and guarantee that you have not been convicted of
or pleaded guilty of any offence or crime, 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.
You 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 the < Philippines>, 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, as may be relevant and necessary.
4. As part of accepting this employment offer, you will be required to sign the employment
contract and undertaking, before the date of joining. The terms and conditions of the
employment contract and undertaking are detailed in Annexure 4 and 5 respectively.
5. The terms and conditions of the employment contract will be binding upon
commencement of employment and not retroactively. For the avoidance of doubt,
commencement of employment will begin on the actual date of successful joining the
Company, subject to fulfillment of other conditions as mentioned in this Offer Letter.
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ANNEXURE 2
** Company may on its discretion amend / revised / withdraw any of the above allowance.
Base Salary:
You will be paid a base salary in equal semi-monthly instalments. It will not be applicable for the
unpaid leaves availed during each month. In case the date of joining is in the middle of the
month, it will be paid to you on pro-rata basis.
Meal Allowance: You will be paid meal allowance for overtime work & night/graveyard shiftin
equal semi-monthly instalments. This is a fixed and non-taxable component paid as part of
semi-monthly salary applicable under De Minimis, while you work in night/graveyard shift.
Transport Allowance: You will be paid Transport Allowance in equal semi-monthly instalments.
The amount paid is defined as per the local act subject to taxes as applicable.
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Laundry Allowance: Laundry Allowance will be paid in equal semi-monthly instalments to take
care of the expenses incurred on clothing. This is a fixed and non-taxable component paid as
part of semi-monthly salary applicable under De Minimis.
Rice Allowance: You will be paid rice allowance in equal semi-monthly instalments. This is a
fixed and non-taxable component paid as part of semi-monthly salary applicable under De
Minimis.
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ANNEXURE 3
2. Identification Proof: Govt. IDs (SSS, Drivers License, Voters ID, Pagibig Fund ID,
Passport)
9. Valid Passport
11. Duly filled & signed application form along with any additional specified
documents to complete BGV process
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ANNEXURE 4
EMPLOYMENT AGREEMENT
HCL Technologies Philippines, whose principal office is at 14F Net Cube Center, 3rd
Avenue corner 30th Street, E-Square Crescent park West, Bonifaclo Global City, City of
Taguig 1634, Philippines, (“the Employer” or “the Company”)
And
WHEREAS, the Company wants to hire an individual with requisite qualification and experience
on fixed term basis to Recruiter to fill the reason for such temporary requirement.
Employee is willing to work for the Employer and has accepted the employment offer dated 14
Oct 2021; and
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:
The Employer and the Employee are sometimes referred to herein individually as a “Party” and
collectively as the “Parties.”
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:
1.1. “Group Company”, means body corporate, including but not limited to 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
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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.
1.2. “Company Policies”, means the Company's policies as amended from time to time, a
copy of which is available at Policy portal under http://www.myhcl.com or any other
place as kept and informed by the Company from time to time.
1.3. “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.
1.4. “Offer Letter”, means letter dated 14 Oct 2021, 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 has not incurred status or qualification that would cause him/her to fail the BGV
process. Any misrepresentation or 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.
3.2. 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, in accordance with law.
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5. Working Hours
The Employee will be governed by the normal working hours as existing in the Company
and stated in applicable Company Policies. The Employee may be required to work in shifts
and/or in extended working hours, as permitted by law, if required as per business need.
6. Place of Work
The Employee’s normal place of work will be Campus Ave, McKinley Hill Taguig City,
Tower 4, provided that the Employer reserves the right to change this to any place pursuant
to clause 18 of this Agreement.
7. Remuneration
The Employee shall be paid an initial salary as stated in Annexure 2 of the Offer Letter.
Subject to clause 9, the Employee's salary shall accrue from day to day and be payable
monthly in arrears directly into the Employee's bank account or any other payment mode as
mutually agreed in writing.
8. 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.
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9.2.5. cost of unreturned Company property at the time of termination of Employment.
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.
13. Confidentiality
This Agreement is being made subject to the condition that the Employee strictly maintains
the confidentiality of this Agreement. Employee shall never 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 employment, he/she should raise it with the
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.
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in Company Policies. Employee’s failure to abide by these policies will subject him/her to
disciplinary action.
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 <Philippines> 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.
19.1. This Agreement may be terminated by the employee after giving two (2) months
advance notice to the Company or payment in lieu thereof.
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 other payments that reflect the whole value of all contractual benefits that
would have been due to the Employee during the period of notice.
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19.4. The Company may also terminate the employment, upon due notice and hearing,
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;
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 offense or any offense under any law or 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 <Philippines>;
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 breach of any rules issued by the Company from time to time, upon
due notice;
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. Any delay by the Company in
exercising its rights to terminate shall not constitute a waiver thereof.
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20.3. provide a signed statement that he/she has complied fully with his/her obligations under
this clause , together with such reasonable evidence of compliance as the Company
may request.
26. 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.
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27. Data Protection
The Employee voluntarily consents to the collection, use, storage, disclosure, transfer
(including overseas transfer) and other processing of his/her personal information (including
where applicable sensitive personal information) provided by or on behalf of him/her to the
Employer, or otherwise collected by the Employer, for all purposes relating to his/her
employment, including but not limited to administering and maintaining personnel records,
paying and reviewing salary and other remuneration and benefits, undertaking performance
appraisals and reviews, maintaining sickness and other absence records and taking
decisions as to the Employee’s fitness for work, as further described in the data protection
notice/consent set out in Annexure 6.
28. Notices
28.1. 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.
28.2. Any notice of resignation by the employee must be triggered in exit management
system which is available at http://www.myhcl.com or any other place as informed by
the Company from time to time.
29. Monitoring
The Employee consent to the Company the monitoring and recording of 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.
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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 once becoming aware of its actual existence and
occurence; (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.
34. 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).
35. 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.
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36. Third Party Rights
No person other than a Party to this Agreement may enforce any of its terms.
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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 Philippines.
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.
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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 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 and while in pursuance of a legitimate company activity (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 while in pursuance
of a legitimate company activity and which are protectable by copyright are “works made
for hire”, as defined under the local copyright legislations (and all amendments thereto).
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 and while in pursuance of a legitimate company activity.
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
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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.
3. Conflicting Employment: 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.
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6. General Provisions Regarding Covenants
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.
For any breach of the obligations detailed in paragraphs 6, 7 and 8 above, I accept and
undertake that I would be liable to pay the Company US $100,000 as liquidated
damages, which both parties agree is a fair and reasonable assessment of the damages
in this case and is not punitive in any way, form or manner.
7. 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 and
professional manner and in accordance with the work related Company Policies such as
E-mail and 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 and damages,
including without limitation claims from Company’s customers and as such the Company
will be entitled to recover all such monies from me.
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9. 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
that would be in conflict with any of the provisions of the undertakings in this Annexure.
10. 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 limitation, those provisions
concerning reformation and severability, shall be applied when interpreting this
Annexure.
Accepted
__________________________________
Katrina Bagbagay Serrano
14 Oct 2021
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Annexure 6
2. We are committed to protecting and securing the privacy and confidentiality of the personal
Information (as defined below), and personal information we collect shall be:
Collected for specific and legitimate purposes (explained in section 4 below) and only
processed in a way compatible with such purposes;
Processed fairly and lawfully;
Accurate, relevant and, where necessary, kept up to date; and is adequate and not
excessive;
Retained only for as long as necessary, as needed for legal claims or legitimate
business purposes, or as provided by law; and
Kept in a form which permits identification of data subjects for no longer than is
necessary as per the HCL Records Management Policy.
Throughout this data protection notice (“Notice”) we use the term "processing" to refer
to any operation or any set of operations performed upon Personal Information including,
but not limited to, the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction
of data. “Personal Information”, on the other hand, refers to any information, whether
recorded in a material form or not, from which the identity of an individual is apparent or
can be reasonably and directly ascertained by the entity holding the information, or when
put together with other information would directly and certainly identify an individual.
This Notice applies to the Personal Information of current and former employees, as well
as third parties whose information you provide to us in connection with the employment
relationship (for example, your emergency contacts’ and beneficiaries’ information).
Typically the categories of Personal Information we process will include the following:
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Your Personal Details - for example your name, date of birth, personal contact
details, emergency contact/next of kin details, immigration and eligibility to work data,
unique government identifier details;
Basic Work Details - for example your work contact details, employee number, job
title, job description, reporting lines, working hours and your terms and conditions of
employment;
Remuneration and Benefits Data - for example, details of your pay and benefits
package, bank account details, social security, tax code or national insurance number,
tax information, and third party benefit recipient information;
Employee Purchase Data - group discount card purchase history, details of your
purchases at employee private sales for verification purposes;
Leave Data - for example your holiday and family leave records;
Disciplinary and Grievance Data - for example, any Personal Information contained
in records of allegations, investigations and proceedings, and their outcomes;
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Equality and Diversity Data - where required or permitted under applicable law and
where provided voluntarily, data regarding gender, age, race, nationality, religious
belief and sexuality (stored anonymously for equal opportunities monitoring purposes);
Monitoring Data - where permitted under local law, identifiable images contained in
CCTV footage, system and building login and access records, download and print
records, call recordings, data caught by IT security programs and filters;
Workplace Health and Safety Data - Personal Information in safety audits, risk
assessments and incident reports;
Other Investigations Data - for example, internal, government, law enforcement and
other investigations, including those arising from employee reports, claims and
complaints and other sources;
Any other Personal Information which you choose to disclose to Company personnel
during the course of your employment, whether orally or in written form (for example in
work emails) or other relevant information that may be required for the duration of the
employment or contractual relationship.
In some cases, providing your Personal Information is necessary to enter into your
employment contract with us, or to comply with applicable laws and regulations. If you
do not provide us with such mandatory information (which we will indicate when we
collect that Personal Information), we may not be able to perform our contract with you or
otherwise administer or manage your employment with us.
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4. Purposes for Processing Your Personal Information: with your consent, the
Company will process your Personal Information for the purpose of Human Resources
management. This may include processing your Personal Information to:
assess applications for new job opportunities for existing employees and make
recruitment decisions;
review legal, physical or other eligibility to work;(including but not limited to :Statutory
benefits processing, performing BGV, special need of accessibility etc. )
where authorised by applicable law and required for your role, seek criminal record
disclosure;
creating and maintaining records relating to your absence from work (including for
sickness, parental leave, discretionary leave, sabbaticals etc.);
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conducting disciplinary and grievance processes; and
conduct or assist with internal, government, law enforcement and other investigations;
for such other purposes as are permitted by applicable laws and regulations, or
required by relevant authorities or court orders, in any jurisdiction.
We may carry out automated processing of your Personal Information for training,
career planning and related purposes.
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employee onboarding process, or on an ad hoc basis during the course of your
employment.
We also receive information which may include your Personal Information from your
manager (for example, in respect of performance reviews), from Human Resources, from
other colleagues (for instance, in the course of conducting a disciplinary investigation), or
from time to time, from other third parties for example customers, business partners or
regulatory bodies, medical reports from external professionals, tax authorities, or benefit
providers.
6. Third Party Personal Information: apart from Personal Information relating to you, you
may also provide the Company with Personal Information of third parties, notably your
dependents and other family members, for purposes of Human Resources administration
and management, including the administration of benefits and to contact your next-of-kin
in an emergency. Before you provide such third party Personal Information to the
Company, it is presumed that you have informed these third parties of any such
Personal Information which you intend to provide to the Company and of the processing
to be carried out by the Company, as detailed in this Notice,
7. For How Long Do We Keep Personal Information: our general approach is to only
retain employee Personal Information for as long as is necessary in light of the purpose
for which it is processed, namely for such period of time after the term of your
employment as is set out in the Company's data retention policy or for such longer
period as is required or permitted by applicable laws and regulations. Personal
Information that is no longer required to be retained for legal and/or business
requirements will be disposed of in a secure manner as per HCL records Management
Policy.
8. Disclosure of Personal Information: within the Company, and with your consent, your
Personal Information can be accessed by or may be disclosed internally (i.e. within the
Company and our affiliates (our company structure chart can be accessed here: [insert
link]) on a need-to-know basis to:
local, regional and global Human Resources, including managers and team members;
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local, regional and executive management responsible for managing or making
decisions in connection with your relationship with the Company or when involved in a
Human Resources process concerning your relationship with the Company [(including,
without limitation, staff from Compliance, Legal, Information Technology and Audit)];
Certain basic Personal Information, such as your name, location, job title, contact
information and any published skills and experience profile, may also be accessible to
other employees via the [Intranet, active directory, HR portal etc.,].
Your Personal Information may also, with your consent, be accessed by third parties who
provide the Company with services such as:
certain systems and local payroll and benefits systems. Data contained in such
systems may be accessible by providers of those systems, their affiliated companies
and sub-contractors;
Examples of other third parties with whom your Personal Information will be shared
include tax authorities, regulatory authorities, the Company's insurers, bankers, IT
administrators, lawyers, auditors, investors, potential acquirers, consultants and other
professional advisors, payroll providers, and administrators of the Company's benefits
programs.
The Company expects such third parties to process any Personal Information disclosed
to them in accordance with applicable law, including with respect to data confidentiality
and security. Where these third parties (for example a payroll provider) carry out their
tasks on our behalf and upon our instructions for the above-mentioned purposes. In this
case your Personal Information will only be disclosed to these parties to the extent
necessary to provide the required services.
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We may also disclose your Personal Information as is permitted by applicable laws and
regulations, or required by relevant authorities or court orders, in any jurisdiction.
Except as set out in this Notice, and where required by applicable laws and regulations,
before your Personal Information is shared with our affiliates and third persons, we shall
provide you the following information:
Identity of our affiliates and/or categories of third parties that will be given access to your
Personal Information;
Purpose of sharing your Personal Information;
Categories of Personal Information concerned;
Existence of your rights as a data subject, including the right to access and correction,
and the right to object; and
Other information that would sufficiently notify you of the nature and extent of data
sharing and the manner of processing.
We also ensure that any third party providers and consultants handling and/or
processing your Personal Information covered under this Notice will be subject to the
same security requirements and legal obligations.
You also have an important role to play in protecting the security of your Personal
Information, and you should take care about disclosing Personal Information, and how
you protect your communications and devices.
11. Your Rights; How to Contact Us: you may have rights under applicable laws and
regulations to access, correct and delete (in certain circumstances) your personal data,
and to withdraw your consent to, or complaint about, processing of your Personal
Information. See "How to Contact Us" below as to ho.
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To obtain further information regarding your rights, to exercise any of your rights, or to
ask any questions regarding the processing of your Personal Information, please contact
the Company's data protection representative: [insert contact details] privacy@hcl.com.
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EXHIBIT No. 1
Date: ______________________________
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Acknowledgment
I accept the employment offer of HCL Technologies Philippines, (“the Company”) according to
the terms and conditions set forth in the Offer Letter along with Annexures 1, 2, 3, 4 ,5 & 6
dated, 14 Oct 2021.
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.
I agree to the terms of the Agreement and Offer Letter along with all its annexures and freely
make the statements set forth above.
Signature :………………………………………………
Name
Katrina B. Serrano
:………………………………………………
October 15, 2021
Date :………………………………………………
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ANNEXURE “_____”
N.B. Under this Annexure, HCL can enumerate and describe the standards which the
probationary employee must meet to qualify for regular employment.
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