AGREEMENT FOR REFUND OF TRAINING FEES IF EMPLOYEE DOES NOT REMAIN IN EMPLOYMENT FOR

SPECIFIED PERIOD

MADE

THIS DAY OF

BETWEEN

MegaCorp(EMPLOYER)

AND

John Doe(EMPLOYEE)

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THIS AGREEMENT is made this……… day of ………….

BETWEEN:

Megacorp of…………………….., Metropolis (hereinafter referred to as “the Employer” which expression shall where the context so admits include his ) of the one part;

AND

John Doe of Gotham City (hereinafter referred to as “the Employee” of the other part.

WHEREAS

1. The Employee is in the lawful employment of the employer where he is presently engaged as a legal officer;

2. The Employer and Employee are both desirous of enhancing the skills of the employee by means of the proposed study agreed by these presents, and subject also to the terms expressed herein.

NOW IT IS AGREED AS FOLLOWS THAT:

1. DEFINITIONS:

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In this Agreement the following terms shall have the following meanings:

1.1 “the Principal Agreement” means a service agreement made on ….. between the Employer and the Employee.

1.2 “the Course” means a course of study called…….. to be held at ……………at……………………….

1.3 “the Course fees” means fees for the course which amounts to………

2 LEAVE OF ABSENCE

The Employer shall have a leave of absence from the employer spanning from………………… to……for the sole purpose of attending the course.

3 STUDY DUTY

The Employee shall as part of his duties under the principal agreement attend the course diligently and apply the whole of his energies during the course to the acquisition of the skills and knowledge taught or otherwise made available in connection with the course and to the successful achievement of all work tests and examinations set in connection with the course

4 PAYMENT OF COURSE FEES

The Employer shall pay the whole of the course fees to the college or employee as reimbursement on the presentation of a receipted invoice or other evidence of payment.

5 SALARY

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The Employer shall during the course pay to the Employer his salary in accordance with the Principal Agreement.

6 CONTINUITY

The Employee’s attendance of the course shall not constitute a break in the continuity of his employment under the Principal Agreement

7 REFUND OF FEES

7.1 The Employee shall reimburse to the Employer the course fees if he ceases his employment with the Employer [except as mentioned in Clause 7.2 below] in accordance with the following scale:

PERIOD IN WHICH COURSE ENDS

PROPORTION OF COURSE

FEES PAYABLE1st year after end The whole

2nd year after 60%

3rd year after 30%

After the 3rd year mentioned above

Nil

7.2 The Employee shall not be liable to make any reimbursement to the Employer under this Agreement if the termination was as a result of:

7.2.1 his resignation on the ground that he became entitled to and did resign summarily; or

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7.2.2 dismissal by the Employer other than on grounds on which the Employer became entitled to and did terminate his employment summarily.

7.3 If the Employer waives the repayment of all or part of the course fees, the Employee shall pay any income or other tax payable as a result of the waiver and compensate the Employer in full on demand for any liability for such tax.

7.4 If the Employee is for any reason indebted to the Employer for any amount, the Employee agrees and consents that the Employer shall be entitled to make a deduction in or towards the discharge of that liability from his remuneration or any other money payable from the Employer to him.

8 PRINCIPAL AGREEMENT

The Principal Agreement shall remain effective in all respects except as expressly altered by this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed these presents in the manner hereinafter appearing the day and year first above written.

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