Saturday, 5 January 2013

What You Will Need for a Corporate Sponsorship License



This article describes the complete explanation about the UK Visa Services and different other aspects that how anybody can avail these services and different types of services like UK Visa Extension, Same day UK visa service and Corporate Sponsorship license.
United Kingdom immigration laws continue to change most frequently and as a result of these regular amendments, controls and policies have become strict and now a number of people are feeling that its bit more difficult to get a UK visa. According to a recent survey it has been found that ratio for rejection of UK visa is increasing day by day because the people who apply without proper consultation and help fall in rejection column in most of the cases and number of rejections run into hundreds of thousands now a days.
Due to UK Visa Extension cases and increased rejection ratio of visas, immigration service providers have come forward to cater such types of complaints and to help the people who are striving to obtain a visa. The demand of such consultants has become more ubiquitous as most of the people look for help to make sure that their UK Visa applications are completed in the approved manner, in the first go. The cost of applying second time after rejection of visa or having to appeal means that so many applicants basically quit as they cannot afford the expenses.
It is here that UK Visa and Immigration service providers are able to fill the gap. Utilising a number of experts who specialise in UK Immigration Law, UK Visa and Immigration service providers are able to offer clients much needed advice and guidance when it comes to tackling the complex UK Visa and Immigration process.
The benefit of using such a company has seen the number of successful applications rise. And whilst some critics argue that too many Immigrants are entering Britain, for many, the UK offers the chance of a new life and a new start for people who genuinely want to be in the UK.
What to expect from a UK Visa and Immigration Service Provider.A genuine service provider will be regulated by a number of bodies including the OISC and the Bar Council to name a couple. Unfortunately, as with any industry sector, where there is money to be made through exploitation, certain individuals and companies will take the opportunity to set up a bogus operation.
To avoid becoming the victim of a scam, be sure to check the credentials of a service provider and do your research. Complaints and review forums are a good place to look for references and information on standards of service from companies in the UK Visa and Immigration service sector.
However, the genuine companies out there do provide a valuable service to clients who have struggled or are currently struggling to attain a Visa.
They offer clients much needed advice and guidance, taking on entire cases and completing all the necessary paperwork and organising people who otherwise would not know where to start with the complex UK Visa and Immigration process.
The need for these services is apparent as the UK receives thousands of Visa applications on a daily basis, many of which get refused for a multitude of reasons and with UK Immigration Minister Damian Green pledging to reduce Immigration figures by making it harder for people to get into Britain, those minor mistakes on Visa applications could mean the difference between getting a Visa or getting refused.
Consequently keeping in mind all previous modifications, then we will come to know that there were firm policies that were compulsory like you need a sponsor, a secure job, a reasonable place to live and stay in UK. Such kinds of rules and regulations are not necessary any more in Tier 2 Extension. Additionally applicants do not require showing sufficient amount of money before you reach in United Kingdom. In the market you will find some consultants who are presenting Same day UK visa service along with Tier 2 extension. Additionally Corporate Sponsorship license is obligatory for your employer because concerned dept. will validate you for this.
Most candidates realize that having a visa help agency facilitate them fill within the correct work and organize the biometric scanning appointment makes the procedure go abundant easier. within a number of months you must have everything in situ so as to travel the united kingdom, realize employment or travel, and revel in the time of your life traveling round the UK.



Thursday, 8 March 2012

What is the process to obtain an Employee Security bond?


Employee security bond is a guarantee bond which safeguards a company from unexpected employee turnover, fraud, employee theft, forgery and embezzlement of company’s cash and other assets. Before going to hire any type of employee, a company has to look into its interests and benefits. Employee security is number one and top most interest of every company. To keep save this interest every company need a surety bond from its employees that  they are bond to stay in the company for a certain period of time otherwise they have to pay the surety amount.
Net Lawman provides a complete and comprehensive employee surety bond provisions in different documents that will help you to safeguard your interests as well as employee’s security and trust as trustworthy employees are a treasure for a company.
The target audience of this employee surety bond agreement is any person or company who want to hire a trustworthy employee and seeks protection against unauthorized employee turnover.
There are certain terms and conditions which come under employee security bond or a guarantee bond. In India, the companies whether small or big want an employee security bond from their employee before hiring. The bond keeps the company from loss and any damage and bond the employee from sudden turnover. The bond is signed by the employee under certain terms and conditions.
In India, the unexpected employee turnover rates are 30 to 50 % per year and it is a continuous headache for top management in India that when their employees become proficient and dexterous in the job, they quit. Call centers in India constantly face this issue because call centers now days grab seventy percent of the revenues of the Indian Business Process Outsourcing (BPO) industry, according to an estimate by Mckinsey. It is also observed that 80 percent of call center employees find ways to avoid employee security bond so that they can easily quit their job at certain level and time without any prior notice. In this situation, employee security bond is must particularly for Indian companies.
The Content of Employee Security Bond includes:
Certain period/tenure of employment
Penalties in case of any fraud, unexpected turnover and embezzlement of company’s assets
Bond validation period and conditions
Surety amount
Person as surety
Consent of employee
Responsibility of bond
Governing law
Features of Employee Security Bond:
Maximum security to employer towards fraud, theft, forgery etc.
Safe guard the employer from unexpected and unauthorized employee turnovers
Suitable and best for any type and size of business and company
Explanatory notes to make best and useful employees surety documents
Suitable for any type and any time changes as per requirements
Give ease to employee at the time of fresh appointment

Wednesday, 29 February 2012

Why Employment agreement template is important for an employer and employee?


An employment contract is made between an employer and employee if:
  • there is an offer of employment from the employer;
  • Offer must be valid 
  • the offer is accepted by the employee;
  • Both employer and employee has accepted an obligation to perform their part of the agreement (e.g. the employee will receive a wage in return for working);
  • both employer and employee intend to create a legally enforceable bargain (the contract will be legally binding);
  • Both employer and employee have the legal has capacity to enter into a contract (the employee is of sound mind;
  • Employer and employee give their consent to the terms of the agreement); and
  • The contract does not violate the  legal requirement ( e.g. contract must be for lawful purpose only.
Employment contract is also called employment document. Employment contract regulates the employment relationship between employer and employee. It is a legal agreement and enforceable under the law. Labour laws in India regulate the contract of employment. India has also implemented the standard code of ILO for the benefits and welfares of the workers.
Employment agreement can be oral or in written form. However the employer can not deprive the employee form their statutory entitlements. There are three different types of leaves available to workers under the different labour law of India such as casual leave, sick leave, earned leave.
Employees are entitled to 20 earned leaves, 15 casual leaves and 10 – 40 days sick leave. The nature of leave depends on the nature of jobs. Because there are different types of labour laws which deals with different nature of employment.
Employment agreement describes the rights and obligations of the employer and employee. Employment agreement must be clear and does not lead to any confusion. Employment agreement must specify the term of the agreement whether is contractual or permanent. Employment agreement must also describe that under what circumstances employee can be sacked.
Employment agreement must be in written form because it is very hard to prove oral terms in case of disputes. Industrial tribunal always prefer the written employment contracts because written employment contract clearly define the intentions of the both parties. Employment agreement must contain the following minimum provisions. Such as
  • Nature of job;
  • Job description;
  • Payment;
  • Place of work;
  • leaves;
  • Termination procedure;
  • Confidential information;
Employer cannot change the nature of employment agreement without the consent of the employee. Employee has a right to challenge such action of the employer before the Industrial tribunal.
Employee must read and fully understand the advantages and disadvantages of the each provision of the agreement. Because once the employment agreement is signed it becomes the legal document that is enforceable under the law. Both employer and employee must sign the employment agreement in the presence of the independent witness.
The following labour law deals with employment contracts in India. Such as:
  • Factories Act, 1948
  • The Shops & Establishment Act
  • Minimum Wages Act 1948
  • Industrial Employment (Standing orders) Act 1946
  • Payment of Wages Act 1936
  • Workmen’s Compensation Act 1923
  • Industrial Disputes Act 1947
  • Maternity Benefit Act 1961
  • Payment of Gratuity Act 1972
  • Payment of Bonus Act 1965
  • Employees Provident Funds and Miscellaneous Provisions Act 1952.
Net Lawman offers following type of employment contract template. Such as
Employment contract: retail sales manager: Standard contract of employment for any retail sales manager in any type Indian shop or retail store
 Employment contract: standard: This is a standard, comprehensive contract of employment for any staff below director level. It complies with all current legislation, yet preserves maximum flexibility to the employer. It is fair but tough.
 Employment contract: accountant: Comprehensive contract of employment for any accountant practising in India Includes extensive provisions relating to intellectual property and other areas where a senior person may have scope to damage your business in the event of a dispute.

Why Employee Handbook is important for Employee?


What is an employee handbook?

An employee handbook is the most important document for any new employee in a Company. It provides the employee an insight of the Company, its dealings, various policies, expected code of conduct, expectation of the Company from its employees etc. It is generally given to all the new employees on the first day of their job or along with the Employment Contract. This handbook is not a substitute of an Employment Contract which is to be separately entered with each employee.
                             
Importance of employee handbook
The handbook may vary depending upon the business requirements of the company as well as any specific kind of business but the general areas that an employee handbook may address are:

·         Brief history of the company
·         An introduction stating why such handbook is needed
·         Terms and conditions of employment
·         Holiday entitlement
·         Code of conduct
·         Company rules
·         Conflict of interest
·         Confidentiality
·         Grievance procedures
·         General policies etc.

Code of conduct
The employee handbook lays down the code of conduct expected of all its employees when dealing with each other, the management, its agents, customers and so on. An Employee Handbook is designed to introduce and familiarise the employees of the Company with its policies, rules and regulations and the terms and conditions of employment.

Information on important aspects
An employee handbook addresses the concerns and the questions of the employees. Employee handbook provides the info to the employees on the important aspects. Employee handbook helps the employees to know what the company expects from them , and in return what they will get the benefits. Employee handbook provides the clear information on working hours, dress, leaves, termination, disciplinary procedure, health and safety obligations, compensation policy.

Right of amendment
The employee handbook sets out the various benefits that the company offers to its employees along with various policies and procedures. An employee handbook is called often staff manual. It is the best communication tool between employer and employee. The company has right to amend, delete, suspend any right but it cannot deprived the employee from their constitutional rights. Any amendment to the employee handbook must be issued by a circular from time to time as and when required.

Review of employee handbook
Employee handbook must be reviewed after the changes in law. It is the duty of the employer to provide the latest copy of the employee handbook after the reviewing it.

Reasonable and fair
Employer must adopt and introduce such polices which are reasonable and fair. Employer cannot deprive the employees form their statutory rights. In case of conflicts between employee handbook and statutory rights, then the statue will prevail over the employee handbook.

Promote equal employment policy
An employee handbook must missies the discrimination and promote the equal employment policy . Employer before implementing the employee handbook must consider the federal and all local employment laws.

Employee handbook always promotes the :
  • Healthy atmosphere  within the organisation;
  • Minimises the disputes and concerns

Part of employment contract
The provisions set out in the employee handbook must be read along with the terms and conditions of employment contract and shall form a part of the employment contract.  Any amendment to the employee handbook must be issued by a circular from time to time as and when required.

Net Lawman provides the comprehensive and up to date employee handbook. Such as

Employee handbook
You may want every aspect of working relationship with your employees in the form a policy document substantially circulated for the knowledge of every person working for the organization. We have provided a model Employment Policy manual which highlights the Policies that govern Employment and reflect management’s working style and culture of an organization.

Wednesday, 1 February 2012

Franchise agreement big opportunity to boost up your business:


Franchise agreement is very helpful for expanding any business. For a company who wants to establish its branches everywhere around the country or around the globe. Franchise agreements are a great tool for this purpose. Both of the parties can get the benefits from this agreement. On the one hand it’s a very lucrative business practice. Because the franchiser has not to do any expense in order to open any branch in other city but in return the franchiser is paid by the franchisee. It may be an open agreement in which the rights of both parties are secured by each other.
Checklist deal with all the needs of both parties:
The best part of this agreement is that you can negotiate freely and can win the best contract. But the franchise agreement depends on the nature of business. Either your business is related to services or related to merchandise. In order to make a Franchise Agreement Sample one has to follow the checklist of basic franchise agreement .certainly these are the issues which needs your attention. The terms can only be finalized if a franchisee is fully aware about the benefits and detriments of this new business. So checklist is always proves useful for a franchisee it’s a supportive tool in the making of Franchise agreement.
Features of franchise agreement:
Following are the terms and conditions which remain under consideration.
Terms related to the cost of opening franchise
Terms and conditions related to the location of franchise
Terms and conditions which address to the buildings, equipment and supplies of a franchise
Terms enfolds how a franchise will operate
Terms and conditions related to the termination and renewal of a franchise agreement
Restriction of selling the franchiser products ,
Terms related to the purchase of franchiser’s products.
Assessment of franchiser and inclusion of legal provision for the security of franchisee’s interest.
So checklists address all these issues and there are many other issues which can be included and can be negotiated according to the needs of franchisee and franchiser respectively.
Franchise agreement is a  give and take agreement
 So opening a franchise is a complete business opportunity and a complete business portal .a franchisee can enjoy the benefits of the expertise and experience of the franchiser. A franchise agreement is beneficial for both parties, and both of the parties can enjoy the fruits of mutual cooperation thus for a franchiser a franchise agreement provides the prospect to build up a business chain and a supply chain as well. Because a franchise agreement has so much to offer to both parties. A complete learning opportunity for the franchisee and its employees. For a franchiser the franchise agreement proves a great tool because his business boost up automatically, he does not have to purchase premises and to do expense for hiring the staff for the opening of a branch in a new city. He just has to authorize his business to some other person. So franchising   is a gift of globalization and market liberalization.

Wednesday, 17 August 2011

Partnership Agreement_India


Written agreement between two or more individuals who join as partners to form and carry on a for-profit business. Among other things, it states the
(1) nature of the business,
(2) capital contributed by each partner, and
(3) their rights and responsibilities.

Indian Partnership Act, 1932

A partnership is the relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting or all. In India it is governed by the Indian Partnership Act, 1932, which extends to the whole of India except the State of Jammu and Kashmir. It came into force on 1st October 1932.
A partnership firm is not a legal entity apart from the partners constituting it. It has limited identity for the purpose of tax law as per section 4 of the Partnership Act of 1932.
Types of Partnerships
There are 4 general types of partnership arrangements:
  • General Partnerships assume that profits, liability, and management duties are divided equally among partners. If you opt for an unequal distribution, the percentages assigned to each partner must be documented in the partnership agreement.
  • Limited Partnerships (also known as a partnership with limited liability) are more complex than general partnerships. Limited partnerships allow partners to have limited liability as well as limited input with management decisions. These limits depend on the extent of each partner’s investment percentage. Limited partnerships are seen as attractive to investors of short-term projects.
  • Joint Ventures act as general partnership, but for only a limited period of time or for a single project. Partners in a joint venture can be recognized as an ongoing partnership if they continue the venture, but they must file as such.
  • Silent partner is one who still shares in the profits and losses of the business, but who is uninvolved in its management, and/or whose association with the business is not publicly known; these partners usually provide capital.
As you can see it is folly to operate a business under any partnership basis without an agreement in place. Net Lawman provides you expertly drafted partnership agreements.

The Indian Parliament has passed the Limited Liability Partnership (LLP) Bill, 2008.  LLP, as a corporate entity is similar in concept to the Limited Liability Company (LLC), available in the United States.  The LLP format provides the benefits of limited liability of a corporation but allows its members the flexibility of organizing their internal management on the basis of a mutually arrived agreement, as in a partnership firm.

Pros of a Partnership

  • The workload can be shared between partners
  • Each partner may specialize in their own area of the business
  • More finance can be raised then, say sole-traders, due to more owners investing in the business
  • Due to the business being generally larger than a sole-trader, it has a better chance at generating other sources of finance e.g. bank loans, etc
  • There are no legal formalities to complete prior to starting the business
  • Partners can cover each other during times of absence, e.g. holidays or illnes

Cons of a Partnership

  • Profits are shared between partners
  • Decisions may take time to reach due to other partners disagreeing
  • Partners are equally responsible for liability
  • Any actions and decisions based on the business are legally binding to ALL partners
  • A partnership is terminated when a partner dies and therefore the process of forming a new partnership has to be taken

Introduction of new Partners

At some point you may decide to introduce another partner into your business. In such case, you should specify the terms and conditions of doing so which may initially be the agreement of all partners to acknowledge that a new partner is welcome. You may then suggest the amount of capital that the new partner needs to invest into the business and the rights and benefits that they will receive from doing so.

Retirement of a Partner

In the event of a partner retiring, you should agree to a retirement package and how the business will continue to be run. You may decide that the share of the business from the retiring partner will be distributed evenly between the remaining partners. Net Lawman has got an up-dated deed of retirement from partnership business.

Dissolution of Partnership

If your partnership ceases to trade, then you need to determine how the business will be split between all partners. This will be a split of the money after all remaining stock, assets and equipment have been sold. You can download a very good template of partnership dissolution agreement from Net Lawman site.

Unfair competition

Should a partner decide to leave the partnership, you should agree terms that determine what type of employment the partner can go into. This may state that the leaving partner cannot go into employment that is in direct competition with the partnership

The Dismissal or Death of a Partner

Should the unfortunate event of the death of a partner occur, it is important that you agree what will happen with the business.
Disputes
If disputes arise between partners in a partnership you need resolution swiftly to avoid matters turning acrimonious and leading to difficulties in the continued running of the partnership business and reputation.
Some Provisions of Partnership Agreement in a nut-shell
A business partnership agreement includes provisions relating to the following:
  • Nature and purpose of the partnership
  • Capital contributions of each partner
  • Profit and loss allocation
  • Authority of each partner
  • How to admit new partners
  • A course of action in case a partner dies
  • How to buy out a partner's share
  • Signature authority on partnership bank accounts. You may allow each partner to sign on behalf of the whole partnership, or you may require all partners to sign all checks
  • Conflict resolution
Net Lawman’s Partnership Agreement Templates for India
Whether you are making a new partnership or admitting a new partner in an already existing partnership or want to refer a partnership dispute to arbitration, Net Lawman has a largest selection of partnership agreements suitable to your requirement.
Our templates have been drafted by a team of Solicitor and Barristers who are expert in Partnership Law of India. All our partnership agreement forms are up-to-date according to Indian legislation, and are drafted in plain English with explanatory notes.

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