ON
THE JOB TRAINING AGREEMENT DRAFT FORMAT
This agreement (“Agreement”)
is made on this the _________ day of ________, 20__,
BETWEEN:
Mr / Ms ______________
S/o D/o W/o __________ residing at ____________ (hereinafter called “the Employee” which expression shall
be deemed to include his/her legal heirs, representatives, successors) of the
ONE PART.
AND
_____________________,
a Company incorporated under the Companies Act 1956, having its registered
office at ________________________ (hereinafter called “the Employer”, which expression
shall deem to include its legal representatives, successors and permitted
assigns) of the SECOND PART.
WHEREAS the Employee is presently employed on
the rolls of the Employer, and as part of his / her employment that he should
undergo necessary training to effectively perform his services to the company
and for which he is being sent to_____________ by the Employer for a period of ______
weeks.
AND WHEREAS the employee is aware that the company
would be spending substantial amount of money and time on account of the
aforesaid training and the Employee has assured the Employer that he/she will
demonstrate good behavior during the tenure of his/her training abroad and will
successfully complete the assigned Training programme.
AND WHEREAS the Employee further undertakes and
assures the Employer that he/she will serve the Employer for a minimum period
of ______(___) years after returning from the Training on the terms contained
herein below.
AND WHEREAS the parties are desirous of reducing
the terms of the Agreement in writing.
NOW THEREFORE THIS ON THE JOB TRAINING AGREEMENT WITNESSETH AS FOLLOWS:
1. That the Employee has been selected as
________with the Employer. To effectively perform the services for which he/she
has been appointed the company has agreed to sponsor the employee to acquire
necessary training in this regard and for which purpose is being sent to
abroad.
2. The selection envisages imparting training in
__________________________, which are confidential.
3. The Employee assures and undertakes that the
Employee shall complete the training diligently and also undertakes to serve
the Employer for a minimum period of 2 (Two) years after returning from the
training, as per the terms of his/her terms of employment.
4. Any
action by the Employee of:
a) Failing
to complete the training for which he/she has been selected for reasons other
than ill health, PROVIDED THAT such ill health is not the result of his/her own
neglect, carelessness or misconduct regarding which the certificate of the Medical
Officer nominated by the Company shall be conclusive; and /or
b) Not conforming to or complying with
the instructions regarding training and discipline conveyed to him/her by or on
behalf of the Company; and/or
c) Failing
to report forthwith on arrival to India, after successful completion of his/her
training and to rejoin the post originally held in the Company on the terms and
conditions of his employment; and/or
d) Refusing
to serve the Company for a minimum period of two (2) years after the successful
completion of training; and /or
e) Failing
to observe the rules and regulations governing the terms and conditions of service
for the time being in force during his/her training or service period as aforesaid;
shall be deemed to be violative of the
assurances and undertakings of the Employee to the Employer.
5. On
any violation of the above terms contained in para 4 above of this on the job training agreement, the Employee shall forthwith
pay, as liquidated damages, to the Employer on demand the following sums in the
manner specified below:
• Prior
to completion of 12 months after training – Rs. _____
• After
completion of 12 months but before completion of 18 months after training – Rs.
_______
• After
completion of 18 months but before completion of 24 months after training
amount payable shall be prorated and recovered.
6. The employee and the Company agree that the
amounts so calculated, on the basis described above is a genuine, fair,
reasonable, estimate of the damages or loss that would accrue to the company in
the event the employee discontinues his service to the Company. In the event
the employee fails to make the aforesaid payment the Employer shall be entitled
retain all or any payments that may be payable to the Employee including all
benefits till realization of the sum from the Employee.
7. The Employee shall be discharged only upon
making such payment to the Company for breach of any/all of the above
obligations.
8. That
during the period of training, and during such period from the date of the Employee’s
return, for which it has been made incumbent upon, the Employee to serve the
company, the Employee undertakes:
a) Not
to take employment or obtain work, in any capacity or under any designation, with
any other person, firm or company, whether in India or elsewhere, whether for
consideration, or otherwise; and/or
b) To
refrain from absenting himself from work without reasonable cause during both
the period of training as also upon his return to India for the entire period
for which he is stipulated herein as having to work for the company; and/or
c) That
during the period of training, and during such period thereafter for which the Employee
is envisaged herein as having to work for the company, he does not conduct
himself in a manner unacceptable to the Company or commit any act subversive of
discipline, or otherwise misbehave in such a manner, as would reasonable be
construed as giving the company cause for terminating his services.
9. All communications between the Employee and
the company shall be deemed to have been effectively served if addressed to the
following addresses:
Employee’s Address
______________________
______________________
Employers Address
______________________
______________________
10. All disputes
or differences whatsoever arising between the parties out of or relating to the
construction, meaning and operation or effect of this on the job training agreement or the breach
thereof shall be settled by Arbitration in accordance with the Rules of
Arbitration of the Indian Council of Arbitration and the award made in
pursuance thereof shall be binding on the parties.
IN WITNESS
WHEREOF, the parties have hereto respectively put their signature at ___ on the
day, month and year first above written.
SIGNED AND
DELIVERED SIGNED
AND DELIVERED
For and on behalf of<
Company>
By
within named Employee
_________________ _________
Authorized Signatory
In the presence of:
1. __________________
2. __________________
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