Mou

Confidential (Querist) 26 March 2014 This query is : Resolved
What can be the contents of an MoU between two establishments under the following arrangements:
1. Company A is involved in Manpower(labour) supply and Recruitment of staff.
2. Company B is involved in HR outsourcing - except Manpower (Labour)supply.
3. Company A has approached Company B to provide HR Outsourcing & consultation to its clients under the name of Company A.
4. Company B will generate invoices in the name of Company B and will not Directly raise invoices to the clients of Company A
5. Company A will include HR Outsourcing and consultancy in its website and any subsequent inquiries will be forwarded to Company B.
6. Company B will not approach any clients of Company A and will accept this MoU as a non poaching agreement.
7. Company A has agreed to allow Company B to use office premises & other facilities or utilities if or as and when required.

Kindly advice what else can be included in the MoU.

Or can any one forward a format of MoU.

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ajay sethi (Expert) 26 March 2014
commercial query

Confidential (Querist) 26 March 2014
Thank you Mr.Sethi

Rajendra K Goyal (Expert) 26 March 2014
Consult a local lawyer.

Guest (Expert) 26 March 2014
MOU is not that simple document to be prepared on casual consultancy. MOU can contain even 10 t0 20 pages depending upon the characteristics of the contract that can prove to be quite harmful to both the companies, if the terms of both the parties are translated in to document with utmost care by some expert in association with the company officials.

So, being a huge labour oriented document, neither any template would be feasible to be provided by any expert, nor it is advisable to be prepared by the company officials without hiring services of some expert to take care of the various laws of the land.

Confidential (Querist) 26 March 2014
Dear Mr.Dhingra, Thank you for your valuable suggestion.

Guest (Expert) 26 March 2014
You are welcome. For any other information, if desired, you can feel free to write at: dcgroup1962@gmail.com

Confidential (Querist) 26 March 2014
Can we hire US nationals on our payroll in India. The US nationals will be based in US and not in India. The parent company which is based in US wants to outsource its staff to our company in India.
1. What are the procedures involved?
2. Is it possible to do so?
3. If not what can be an alternative?

V R SHROFF (Expert) 26 March 2014
Commercial; must hire local advocate..

Guest (Expert) 26 March 2014
No harm in hiring US nationals on your payroll, provided the provisions of FEMA are taken care of, as foreign exchange will be involved in making payments.

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