Drafting Contract for Indian Employee Deployed to Foreign Company
When hiring an Indian employee to be deployed to your foreign company, it's crucial to have a comprehensive contract in place to protect both parties and ensure clarity on expectations. Here are key points to consider while drafting the employment contract:
🛵 Jurisdiction and Applicable Laws:
- Clearly state in the contract that the jurisdiction for any legal matters will be in India.
- Ensure compliance with Indian labor laws and regulations during the employment term.
🚵 Contractual Details:
- Include the full details of both parties involved: your company based in Africa and the Indian employee.
- Specify the job title, roles, responsibilities, reporting structure, and the duration of the deployment.
🛸 Deployment Terms:
- Outline the specifics of the deployment, including the location in Africa, the expected duration, any travel arrangements, accommodation, and per diem allowances.
- Clearly state if the employment is temporary or permanent.
🚼 Compensation and Benefits:
- Detail the salary structure, payment frequency, and any additional benefits the employee is entitled to during the deployment period.
- Address how currency exchange rates and taxation will be handled.
🚲 Confidentiality and Non-Disclosure:
- Include clauses on confidentiality and non-disclosure agreements to protect sensitive company information.
- Specify the consequences of breaching confidentiality clauses.
🚰 Termination and Exit Terms:
- Clearly define the conditions under which either party can terminate the contract.
- Include notice periods required for termination and the process for an orderly exit.
🚴 Compliance and Code of Conduct:
- Ensure the contract includes adherence to the company's code of conduct, policies, and any regulations specific to the foreign location.
- Address any compliance training requirements.
By covering these essential aspects in the contract, you can establish a solid foundation for the employment relationship between your company and the Indian employee deployed to your foreign operations. It's advisable to seek legal counsel to ensure the contract aligns with both Indian and African legal requirements.