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EMPLOYEE RIGHTS – DEDICATED STAFF IN INDIA

1. HOURS
   1. The Dedicated staff shall work for nine (9) hours a day (inclusive of meal breaks), five (5) days a week
   2. Hours worked include all time during which the Dedicated Staff are required to be on duty or to be at a prescribed workplace. Outsourced, as part of its policy, adheres to a fifteen (15) minute grace period at the beginning of their shift. During that grace period, the Dedicated Staff would not be considered tardy. Tardiness shall be counted upon the lapse of the grace period.
2. MEAL BREAK
   1. The Dedicated Staff shall be given a one (1) hour meal break per day, or two (2) Thirty (30) minute breaks.
3. HOLIDAYS
   1. Dedicated Staff are entitled to take standard Indian holidays as provided under https://outsourced.co/india/public-holidays. This includes all other national, state or city holidays that may be declared by the Indian Government.
   2. The Indian Government may announce unplanned and/or movable holidays. The Client will be notified at least seven (7) days in advance upon declaration of the Indian Government.
   3. If the Client requires the Dedicated Staff to report for work on a holiday, the Client shall be invoiced the corresponding premium pay.
   4. If the Client does not require the Dedicated Staff to report for work on a holiday, the same shall still be invoiced as a worked day in compliance with Indian Labor Laws.
   5. The holiday schedule of the Client’s country shall not be considered in determining whether Dedicated Staff should work or not.
4. LEAVES
   1. Company policy leaves
      1. Standard Leave Policy

         The following leaves may be availed by the Dedicated Staff based on the foregoing circumstances:

         1. Dedicated Staff are entitled to Twelve (12) sick days and Eighteen (18) vacation days.
         2. The paid leaves are in addition to the holidays provided under Clause 3 of this Schedule.
         3. These company leaves are considered as paid leaves which are invoiced to the client annually at the day rate should these leaves be unused, which shall likewise be applicable for Dedicated Staff who leave at the middle of the year.
         4. Policy on Mandatory Time Off. Mandatory time off or forced leaves due to non-operating business days and/or holidays of the client, or any analogous causes, or upon request of the client, shall not be applicable to Outsourced and the dedicated staff.
      2. Leave Cash Conversion
      1. Outsourced provides its Dedicated Staff with a standard policy on unused earned leave conversion to cash yearly for a maximum of five (5) vacation days. In the event that the Dedicated Staff opts to convert said unused earned leaves to cash, the Client is invoiced on an annual basis within the first quarter of the calendar year.
      2. However, if the Client opts to have its Dedicated Staff exhaust all of their leave days within the year instead of converting unused leave to cash, this shall be communicated to Outsourced in writing prior to the placement of the Dedicated Staff.
      3. Once the Client has chosen the preferred leave policy, it will remain in effect for the duration of the Contract, unless otherwise modified, revised, amended or agreed to in writing by both parties.
   2. Statutory leaves
      1. Maternity leave
      1. Maternity Leave applies to all female employees who fall pregnant while employed.
      2. The Dedicated Staff shall be entitled to one hundred eighty two (182) days of paid maternity leave for their first two (2) children. For the third Children and beyond maternity leaves shall be for a maximum of eighty four (84) days of paid maternity leave.
      3. The Dedicated Staff shall be entitled to ninety (90) days paid maternity leave for adopting a child under three months.
      4. A Dedicated Staff who suffers a miscarriage is entitled to forty two (42) paid maternity leave.
      5. Payment for the Dedicated Staff’s maternity leave benefits shall be managed in the following manner if the Dedicated Staff are to give birth within:
      1. First Six (6) months – Outsourced shall cover;
      2. Between Six (6) months and One (1) day to Twenty Fourth (24th) month – Outsourced and the Client shall cover the payment equally (50/50 basis); and
      3. Beyond Twenty Four (24) months – The Client shall cover.
      2. Leave for illness arising during pregnancy
      1. A pregnant Dedicated Staff suffering from illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall be entitled to an additional thirty (30) days paid leave in addition to the paid maternity leave benefits enjoyed by the Dedicated Staff.
      3. Paternity leave
      1. A fifteen (15) day paternity leave may be availed by a married male Dedicated Staff, allowing him to assist in the childbirth, recovery and nurturing of their child.
      2. Paternity leave may only be availed for the first four (4) deliveries or miscarriages of his wife, with whom he is married and cohabiting with.
      4. Bereavement Leave
      1. Should a Dedicated Staff’s parent, parent-in-law, spouse, or children pass, the Dedicated Staff is entitled to three (3) days bereavement leave.
5. PREMIUM PAY

   Outsourced invoices the Client the corresponding rates should the Dedicated Staff be required to work under the following circumstances:

   1. Work on a holiday
   1. 200% of the standard charge out rate per day, if the Dedicated Staff work on a holiday.
   2. Overtime work
   1. Overtime work rates apply if the Dedicated Staff performs work or services above the part-time or full-time hours agreed upon, which shall be invoiced at 1.5 times for each hour of overtime worked.
   2. Overtime shall only be performed following a written request and approval from the client.
6. SECURITY OF TENURE
   1. The Dedicated Staff are entitled to security of tenure and may only be dismissed with just and valid cause and observance of due process.
   2. Outsourced properly observes due process, through the assistance of the Client in the following manner:
   1. Report on the performance, behavior, or action of the Dedicated Staff to be forwarded to Outsourced;
   2. The report shall contain a brief and concise narration of the incident which brought about the report, together with documentary proof;
   3. Outsourced, through its Human Resources Department (HR), shall issue the necessary Notice to Explain to the Dedicated Staff, giving the staff an opportunity to explain themselves.
   1. In case of performance issues, the Dedicated Staff shall also be placed under Performance Improvement Plan (PIP) for not more than thirty (30) calendar days.
   2. The Dedicated Staff placed under PIP shall be given an opportunity to improve their performance based on parameters and/or guidelines provided by the Client.
   3. Prior to the expiration of the PIP, Outsourced shall request feedback from the Client in relation to the Dedicated Staff’s performance.
   4. Should the Dedicated Staff improve their performance, the Dedicated Staff shall remain assigned to the Client.
   5. In case the Dedicated Staff fail to reach the parameters, or worsen their performance, the Dedicated Staff’s services shall be terminated.
   4. Upon submission of the written explanation, the HR shall assess the Client’s report and the Dedicated Staff’s explanation and render a decision whether or not to impose disciplinary action or dismissal of employment of the Dedicated Staff.
   3. Redundancy
   1. Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. In the case of this Agreement, since the Dedicated Staff are engaged by Outsourced due to the Client’s requirements or specifications, any termination of this Agreement shall be categorized as redundancy.
   2. In case of redundancy, the Client is required to provide written notice to Outsourced sixty (60) calendar days prior to the intended termination thereof, and the terms under Clause 11.3, 11.4, and 11.6 hereof shall apply as necessary.
   4. The redundancy pay shall be equivalent to one half month pay for every year of service started, i.e., less than 1 year service (1/2 month redundancy pay), 1 year to 2 years (1 month redundancy pay), and so forth.