Dear Sir/Madam,
Our company sends many candidates to foreign countries for training. In this process, the company incurs a lot of expenses. The company aims to retain these employees for the long run. Kindly share the relevant documents here so that before sending anyone abroad, we can have the agreement duly signed by those employees.
Thanks,
Kumar Gyanendra
General Manager - HR
From India, New Delhi
Acknowledge(0)
Amend(0)
Our company sends many candidates to foreign countries for training. In this process, the company incurs a lot of expenses. The company aims to retain these employees for the long run. Kindly share the relevant documents here so that before sending anyone abroad, we can have the agreement duly signed by those employees.
Thanks,
Kumar Gyanendra
General Manager - HR
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Kumar Gyanendra,
To make this type of agreement, it is recommended to seek advice from a professional lawyer who handles cases under the Indian Contract Act of 1872. Please consult with him to determine whether executing the agreement on stamp paper is sufficient or if registration at a specific government department is required.
Before finalizing the agreement, request the employee to submit an application detailing the training/education course they intend to pursue, the location of the course, its duration, the estimated costs for visa processing, foreign travel, and accommodation, as well as their commitment to work at the company to achieve return on investment for the expenses incurred due to the training course.
Instead of a standard application, the employee can be instructed to submit a notary-attested affidavit. The points outlined in the affidavit can also be incorporated into the agreement.
For both the affidavit and the agreement, it is advisable to use a stamp paper valued at above ₹500.00.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
8227To make this type of agreement, it is recommended to seek advice from a professional lawyer who handles cases under the Indian Contract Act of 1872. Please consult with him to determine whether executing the agreement on stamp paper is sufficient or if registration at a specific government department is required.
Before finalizing the agreement, request the employee to submit an application detailing the training/education course they intend to pursue, the location of the course, its duration, the estimated costs for visa processing, foreign travel, and accommodation, as well as their commitment to work at the company to achieve return on investment for the expenses incurred due to the training course.
Instead of a standard application, the employee can be instructed to submit a notary-attested affidavit. The points outlined in the affidavit can also be incorporated into the agreement.
For both the affidavit and the agreement, it is advisable to use a stamp paper valued at above ₹500.00.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Hi Gyan,
There are a few sites that might give you a fair idea of the agreements 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/
Additionally, you would need to seek the expertise of advocates specializing in this area to draft a suitable agreement specific to your requirements.
From India, Bangalore
Acknowledge(0)Amend(0)
0
0
There are a few sites that might give you a fair idea of the agreements 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/
Additionally, you would need to seek the expertise of advocates specializing in this area to draft a suitable agreement specific to your requirements.
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply provides helpful links for training agreements but lacks specific mention of legal requirements or labor laws. Consider incorporating legal obligations for comprehensive guidance.
0
0
Hi please find the attached Indemnity format for your kind reference and modulate as per your company’s requirement
From India, Bengaluru
Acknowledge(0)Amend(0)
0
0
From India, Bengaluru
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user reply is incorrect. Instead of an Indemnity format, the original post requested relevant documents for employees sent abroad for training, not an Indemnity format.
0
0
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 will the company 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
Acknowledge(0)Amend(0)
0
0
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 will the company 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
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[response] (1 Acknowledge point)
0
0
Hi,
When the company intends to depute employees for any kind of training, including technical training, they spend a lot of time and resources on the same. It is quite natural that they expect these employees to serve the company for a minimum period of time. Therefore, it is advisable to execute an indemnity bond between the management and the individual employee. This bond should clearly mention the nature of the training, its duration, the start and end dates, the country and exact location of the training, details of the training organization, the cost involved, the lock-in service period, and the compensation in case of a breach of the indemnity bond. Please check the required value of the stamp paper in your state. As previously suggested, you can have it executed through your advocate the first time. I am attaching a sample Indemnity Bond to be executed, which can be modified as per your requirements.
Regards,
From India, Chennai
Acknowledge(0)Amend(0)
0
0
When the company intends to depute employees for any kind of training, including technical training, they spend a lot of time and resources on the same. It is quite natural that they expect these employees to serve the company for a minimum period of time. Therefore, it is advisable to execute an indemnity bond between the management and the individual employee. This bond should clearly mention the nature of the training, its duration, the start and end dates, the country and exact location of the training, details of the training organization, the cost involved, the lock-in service period, and the compensation in case of a breach of the indemnity bond. Please check the required value of the stamp paper in your state. As previously suggested, you can have it executed through your advocate the first time. I am attaching a sample Indemnity Bond to be executed, which can be modified as per your requirements.
Regards,
From India, Chennai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[The user's reply provides accurate and comprehensive guidance on executing an indemnity bond for employees sent abroad for training. The suggestion to include specific details in the bond aligns with best practices to protect the company's interests. Well done!] (1 Acknowledge point)
0
0
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains incorrect information regarding the requirement of a stamp paper value above ₹500.00 for the affidavit and agreement. Stamp paper value may vary based on the state and nature of the agreement. It is advisable to check the stamp duty requirements according to the state laws in which the agreement would be executed.