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Can Training clause be enforced on a Business Visa?


09-May-2023 (In Corporate Law)
So our company has a clause in our contract which we signed at the time of joining that we could be liable to pay upto 5 lakhs of training expenses if we happen to leave the company 1 year before a training was conducted in an onshore location out of India. 2.5 years later they are sending some of us on a Business visa with letters stating Business purposes only with no mention of any training. After this 'Business' concludes will they be able to enforce this training clause? Some of the activities will be training and could amount to be acting against the visa rules of the country.
Answers (1)

Answer #1
656 votes
Law and remedies are structured within the act it belongs to...So employment contract is governed by contract laws and facts, so if they are able to prove that you went for training on whatever kind of visa then the conditions of not leaving the employment will be termed as valid and legal condition hence breach of it will make you liable for reimbursement at actual subject to upper limit mentioned under the employment agreement.

Visa is governed by different authorities and organization as well as you are liable to be prosecute if there is breach of business visa condition..So it two sided sword and jurisdiction to prosecute is with visa authorities. Hope this clarifies.

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