How Do I Draft an Agreement for an Employee's Overseas Training? Seeking Legal Guidelines

Dear All,

I am in the process of making an agreement letter with an employee concerning his training abroad for a specific amount of time. Can anyone suggest some guidelines on how to go about formulating the same, including legal rules regarding the process?

Waiting for your positive and early response.

Regards, Tasneem Anis

You can mail me at tasneem.anis@schraderindia.com.

Hi,

When you wish to send your employee abroad for training, you intend to use his experience, knowledge, and expertise acquired there for the benefit of your company when he returns. Based on my experience, many employees have left the organizations after gaining all the experience at the company's expense and have joined another company for a higher salary. Before sending the employee abroad, the precaution you need to take is to enter into a contract with him on a stamp paper. In this contract, you should outline how much the company will be spending on him and for what purposes. This typically includes travel expenses, visa fees, lodging, boarding, etc. You also need to inform him of the financial loss the company may incur if he leaves after completing the training.

Such a contract, when duly signed, can be presented in court to claim damages in case the employee does not utilize the skills acquired for the company upon return. The court, upon verifying the actual damages, may grant relief to the company for the intentional loss caused by the employee. I represent such cases for a multinational company in courts in Pune.

S.M. Paranjape, Advocate
Email: sameerparanjapeadv@yahoo.co.in
Phone: 9850083760

Hi Tasneem,

I just wanted to know if you received any response regarding the format for your query. I am also looking for the same information. If you have already received it, could you please share it with me as well?