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Karen D'souza
I wanted to inquire with all the HR Collegues who work for an IT company who send their employees for training abroad.
1. Does your company have an agreement with an employee that if he is going abroad/onsite he will be liable to stay with the organisation for a stipulated period of time (Negotiatable).[Similar to company that make employee sign a bond on employment]
2. If your company does not have an agreement then if the employee leaves the organization just after his arrival from onsite then, its a lose to the company, so how do u deal with it.
Need to draft a policy and need some valid points and details to draft the same.

From India, Ahmedabad
bhaktinarang_123
148

Hi,
Find the below link for the Employee travel policy
Employee Local, Domestic and International Business Travel Policy « hrmexpress
SOP -Employee Local, Domestic and International Business Travel « hrmexpress
Let me know if further assistance required.

From India, Mumbai
Gianim23
95

Hi Karen :
Please type search query as training agreement/bond on the top research button. You will find lots of valid information.
Just for your info yes companies do can get a training agreement signed by the employee plugging condition on commiting a certain period of employment with the organisation and incase of defaulting the company is liable to recover the losses. The point is how do we recover the losses if the employee's takes his salary and simply absonds. Hence some organisations collect the original cerificates (education and/or experience letters) and keep and handover upon the exit of the employee. Though offcourse this practice may not be considered legally advisable.
Hope the above info is useful.
- Gia

From India, Pune
ukmitra
296

Hi Karen,
I would add to Gia.
I would suggest you have a "contract" made rather than a "Bond". Do have a fair clauses included for exit/cancelling the contract/Bond. Bond/contract is same but have different meaning in court of law.
Few points to ponder is, company needs to really spend quality time in selecting the right candidate who will be loyal and contribute to growth of company. Eventually, it has been observed that if the company does not matchup and reward the such overseas trained employee, who bring in value addition after their course, they are bound to loose such employee to company who will make profit at other company cost. So, have a right career path planned for such employee going on training. Remember, more than money its time, efforts and re-training that cost company more than recovering from him.
Wish you all the best.
Ukmitra

From Saudi Arabia, Riyadh
piyushraj22
2

Rightly said.
I had an experience that employees in bond are not given due promotion and benefits, considering that he wouldn,t leave organization for may be 3 yrs or 5 yrs, what ever the bond duration.
Which creates frustation in him.

From India, Kolkata
yamuna.chengappa
Hi Karen
It is advisable to have a contract with the said employee. Though bonds are of not much use it acts as a deterrent especially if the parent of the employee acts as a guarantor. Secondly, make a penalty clause where the employee is bound to stay in the company for a specified period, not be solicited by the company he is being assigned to, etc, wherein on his breach of the same he is liable to pay costs borne by the company on his training, housing, travel expenses, time spent, etc.
Regards
Yamuna GC
ygclegal

From India, Hoshiarpur
churchgate
2

Dear Karen, We have something similar that you seem to be looking forward. check out & customise- wherever required. see if this helps you. Best Regards KK
From India, Mumbai
Attached Files (Download Requires Membership)
File Type: docx Service Bonds - for Training Programs.docx (12.8 KB, 778 views)

Suresh P
65

Hi Karen

Generally all organisations prepare a service agreement with employees who go out for training / skill updation purpose. This agreement puts a clause so that these employees do not leave organisation for a certain period of time, to capitalise their learning from the training. The clause will clearly define the penalty part also in case trained employees leave abruptly before the stipulated period. It is an 'agree'ment from both parties not a bond.

What if this agreement being broken, is a question. To the extend possible both parties should respect the other party's career & business objectives (respectively). If it taken to court-of-law, can treat as a bonded labour, which is not permitted in law. Finally it will be an over-all disturbance to both the parties. So respect each other and do not treat the trained employees as bonded labourer.

While choosing potential candidates for such training, select more potential employees, discuss with them about the training, career path and agreement clause. Choose only those who are ready with the terms. In this process major risk factor can be eliminated at the starting point itself.

Hope all above suggestions by community members might have given an idea about it.

Suresh

From India, Pune
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