Specimen Agreement of Employment where the Employer will send Employee out of India for Training and the Employee undertakes to work for 5 Years

AGREEMENT

This Agreement of employment made this…………….....day the…………….between M/s……………..owned by M/s……………. having their registered office at………… and Mr……………………. residing at…………………

WHEREAS the "employee" had desired to take employment with the "employer" company and the latter has agreed to employ him on the terms and conditions mentioned hereafter in the Agreement.

WHEREAS the company is desirous to send employees out of India for advance training and whereas the employees also agreed to go Abroad for the same.

NOW THIS AGREEMENT WITNESSETH AS UNDER :

1. That the aforesaid employee is appointed by the employer with effect from …... (Date) for  a monthly salary of Rs……….... plus free bachelor accommodation.
 
2. The employee shall remain in the first instance on a probation of ….. months during which period his services shall be liable to be terminated at any time without any notice or reason.  On satisfactory completion of probationary period (which may be extended at the sole discretion of the employer from time to time) the employee shall be confirmed in writing and shall have an all inclusive salary grade of Rs ………. per month.  On confirmation the employee shall be bound to serve for a period of ……….. years commencing from the date of confirmation.

3. That during the employment period, the employee shall have to go out of India and receive advanced training as and when the employer may so decide.  The employer shall bear all the expenses of such advanced training for which the employee would be abroad.  The further details of such training stay abroad, expenses etc. shall be determined by the employer at his convenience and shall be deemed to have been incorporated in this agreement.  The employee shall further execute a deed of Indemnity bond prior to his going abroad for training covering inter alia clause for reimbursement of all expenses to the employer and payment of damages of Rs………. should the employee not serve the employer after being sent abroad.

4. The employee shall be subject to the staff rules of ………………………….. (Name of Employer) as existing and as may be amended from time to time hereafter.  The services of the employee shall be transferable and he shall have to go as and when so posted out of Head Quarters.

5. That the employee shall be subject to all common law duties as of employees and shall perform such duties, functions and jobs etc. as may be assigned to him from time to time and shall obey and carry out all instnictions directions and orders given by the employer in respect of his work, duties, conduct and training.  He shall punctually, deligently and conscientiously attend to his work and during the employment he shall not directly or indirectly be interested in any other business, trade or profession,nor shall disclose give out or make known to any body any trade matters coming to his knowledge save as may be excepted by the employer in writing.

6. That subject to clause (1) above regarding probation, the employer may terminate the service of the employee at its discretion by one month's notice or pay in lieu thereof, without assigning any reason whatsoever.

7. That the duties and responsibilities of the employee are such that he shall not be deemed nor it is intended to mean the employee to be a workman as defined in the Industrial Disputes Act, 1947 or any other Industrial Laws.  It is agreed that the employee shall be a person in the supervisory cadre, with duties and responsibilities as of supervisory and managerial nature.

8. That on all matters concerning the work, duties job assignment and their due discharge by the employee the employer shall be the sole and final judge.  If any dispute or difference arises between the parties on any matter regarding or arising out of this agreement the same shall be in the first instance referred to sole arbitration of Mr…………..………….. the award of whom shall be binding on both the parties.

In lieu hereof the parties have signed this agreement this day the ……………….of (Month-year)

Signed and delivered by the 
within named ……………… (Employer)

Signed and delivered by the 
within named ……………… (Employee)

Witness:

1……………..                        Employer
2……………..                        Employee