Dear Sir/Mam,
Our company send many candidates to foreign countries for Training. On this , company meets a lot of expenses. Company wants to retain their these employees for long run. Kindly share the relevant documents here, so that before sending anyone abroad , we can make the agreement duly signed by those employees.
Thanks
Kumar Gyanendra
General Manager-HR
From India, New Delhi
Our company send many candidates to foreign countries for Training. On this , company meets a lot of expenses. Company wants to retain their these employees for long run. Kindly share the relevant documents here, so that before sending anyone abroad , we can make the agreement duly signed by those employees.
Thanks
Kumar Gyanendra
General Manager-HR
From India, New Delhi
Dear Kumar Gyanendra,
To make this type of agreement, it is recommended to take the advice of a professional lawyer who handles cases of the Indian Contract Act, of 1872. Please check with him whether making an agreement on stamp paper is sufficient or whether the agreement needs to be registered at a specific government department.
Before making an agreement, ask an employee to submit the application stating what training/education course he wishes to pursue, where he wishes to pursue it, what will be the duration of the course, the estimated cost of making a visa, the estimated cost of foreign travel and accommodation and what will be his commitment to work in the company to provide the ROI on the expenses incurred owing to this training course.
Instead of a normal application, the employee can be told to submit a notary-attested affidavit. The points mentioned in the affidavit can be included in the agreement as well.
Both for the affidavit and the agreement, the value of the stamp paper can be above ₹500.00
Thanks,
Dinesh Divekar
From India, Bangalore
7884To make this type of agreement, it is recommended to take the advice of a professional lawyer who handles cases of the Indian Contract Act, of 1872. Please check with him whether making an agreement on stamp paper is sufficient or whether the agreement needs to be registered at a specific government department.
Before making an agreement, ask an employee to submit the application stating what training/education course he wishes to pursue, where he wishes to pursue it, what will be the duration of the course, the estimated cost of making a visa, the estimated cost of foreign travel and accommodation and what will be his commitment to work in the company to provide the ROI on the expenses incurred owing to this training course.
Instead of a normal application, the employee can be told to submit a notary-attested affidavit. The points mentioned in the affidavit can be included in the agreement as well.
Both for the affidavit and the agreement, the value of the stamp paper can be above ₹500.00
Thanks,
Dinesh Divekar
From India, Bangalore
Hi Gyan,
There are few sites which might give you fair idea for agreement required for training-abroad.
https://www.scribd.com/document/171875675/Agmt-for-Overseas-Training
https://www.corporatelaws.in/2020/12/on-the-job-training-agreement.html?m=1
https://cloudassess.com/blog/training-agreement/
https://www.charliehr.com/blog/training-agreement-template/
Also you would need to use the expertise of advocates specialising in such area for drafting a suitable agreement specific to your requirement.
From India, Bangalore
There are few sites which might give you fair idea for agreement required for training-abroad.
https://www.scribd.com/document/171875675/Agmt-for-Overseas-Training
https://www.corporatelaws.in/2020/12/on-the-job-training-agreement.html?m=1
https://cloudassess.com/blog/training-agreement/
https://www.charliehr.com/blog/training-agreement-template/
Also you would need to use the expertise of advocates specialising in such area for drafting a suitable agreement specific to your requirement.
From India, Bangalore
Hi please find the attached Indemnity format for your kind reference and modulate as per your company’s requirement
From India, Bengaluru
From India, Bengaluru
Dear Gyan Jha,
A learned member Jagdeeshwara has shared a format of the contract that can be made with the employee while sending him abroad for training purposes. However, I find several shortcomings or loopholes in the draft. These are as below:
a) Please check with the lawyer whether it is appropriate to use both the terms "indemnity" and "surety" in the heading. Will either term suffice?
b) On the first page the last sentence appears to be incomplete.
c) The "Sunset clause" is not included in the contract.
d) The "Exemption clause" is not included in the contract.
e) The "Exculpatory clause" is not included in the contract. For example, what if the employee suffers due to an accident and because of the physiological impairment, he is unable to complete the training or serve in the company for the specified period.
f) The "Severability clause" is not included in the contract.
g) The "Force majeure clause" is not included in the contract.
h) The "Jurisdiction clause" is not included in the contract.
Additionally, the contract draft does not mention anything about:
i) Inability of the employee to complete the training within the prescribed period. What if the employee fails the examination and the training course is extended? Who will bear the expenses for the extended period?
j) The contract says that the employee is required to serve for _____ years on completion of the training. Okay. What if the employee serves the company but does not render the desired level of performance? How the company will handle a situation of underperformance?
Notwithstanding the shortcomings, the value of the draft does not diminish. It very well serves the purpose of the preliminary draft. It can be modified further.
Thanks,
Dinesh Divekar
From India, Bangalore
A learned member Jagdeeshwara has shared a format of the contract that can be made with the employee while sending him abroad for training purposes. However, I find several shortcomings or loopholes in the draft. These are as below:
a) Please check with the lawyer whether it is appropriate to use both the terms "indemnity" and "surety" in the heading. Will either term suffice?
b) On the first page the last sentence appears to be incomplete.
c) The "Sunset clause" is not included in the contract.
d) The "Exemption clause" is not included in the contract.
e) The "Exculpatory clause" is not included in the contract. For example, what if the employee suffers due to an accident and because of the physiological impairment, he is unable to complete the training or serve in the company for the specified period.
f) The "Severability clause" is not included in the contract.
g) The "Force majeure clause" is not included in the contract.
h) The "Jurisdiction clause" is not included in the contract.
Additionally, the contract draft does not mention anything about:
i) Inability of the employee to complete the training within the prescribed period. What if the employee fails the examination and the training course is extended? Who will bear the expenses for the extended period?
j) The contract says that the employee is required to serve for _____ years on completion of the training. Okay. What if the employee serves the company but does not render the desired level of performance? How the company will handle a situation of underperformance?
Notwithstanding the shortcomings, the value of the draft does not diminish. It very well serves the purpose of the preliminary draft. It can be modified further.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi
When the Company intends to depute employees for any kind of training including technical training, they spend lots of time and resources for the same. It is quite natural and that they expect such employees to serve the company for a minimum period of services. In that way, it is always advisable to execute an indemnity bond between the Management and the individual employee clearly mentioning the nature of training, duration, from and to date, country and exact location of training, training organization details, the cost involved in providing such training, lock in service period and the compensation in case of breach of the indemnity bond etc. Please check for the value of the stamp paper in your state. As already suggested, you can get it executed through your Advocate in the first time. Attaching herewith a sample Indemnity Bond to be executed which can be suitably modified as per your requirement.
Regards,
From India, Chennai
When the Company intends to depute employees for any kind of training including technical training, they spend lots of time and resources for the same. It is quite natural and that they expect such employees to serve the company for a minimum period of services. In that way, it is always advisable to execute an indemnity bond between the Management and the individual employee clearly mentioning the nature of training, duration, from and to date, country and exact location of training, training organization details, the cost involved in providing such training, lock in service period and the compensation in case of breach of the indemnity bond etc. Please check for the value of the stamp paper in your state. As already suggested, you can get it executed through your Advocate in the first time. Attaching herewith a sample Indemnity Bond to be executed which can be suitably modified as per your requirement.
Regards,
From India, Chennai
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SECURITY AGREEMENT.doc