The Intercompany Assignment Agreement is essential for organizations operating multiple entities in Australia who need to temporarily transfer employees between related companies while maintaining clear employment relationships and compliance with local laws. This document is typically used when companies within the same corporate group need to share expertise, fulfill project requirements, or develop talent through cross-company exposure. The agreement addresses crucial aspects such as employment status, compensation, benefits, tax implications, and reporting structures, all within the framework of Australian employment and corporate law. It provides legal certainty for all parties involved and helps manage risks associated with dual-company relationships.
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1. Parties: Identifies the home company, host company, and the employee being assigned
2. Background: Explains the context and purpose of the assignment arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Term of Assignment: Specifies the duration of the assignment, including start and end dates
5. Role and Responsibilities: Details the position, duties, and reporting relationships during the assignment
6. Employment Status: Clarifies the ongoing employment relationship with the home company and relationship with host company
7. Compensation and Benefits: Outlines salary, benefits, allowances, and which company is responsible for each
8. Tax and Social Security: Addresses tax obligations and social security arrangements
9. Working Hours and Leave: Specifies working hours, public holidays, and leave entitlements
10. Performance Management: Details how performance will be managed and reviewed during the assignment
11. Termination Provisions: Sets out circumstances and processes for early termination of the assignment
12. Return to Home Company: Establishes terms for return to the home company post-assignment
13. Confidentiality: Addresses confidentiality obligations regarding both companies
14. Governing Law: Specifies the governing law and jurisdiction for the agreement
15. General Provisions: Includes standard boilerplate clauses like notices, amendments, and entire agreement
1. International Assignment Provisions: Required for cross-border assignments, covering visas, work permits, and international benefits
2. Intellectual Property: Needed when the role involves creation of IP or access to significant IP assets
3. Non-Competition: Include when assignment involves access to sensitive competitive information
4. Housing and Relocation: Required when the assignment includes relocation support or housing benefits
5. Family Support: Include when assignment includes provisions for family members
6. Emergency Procedures: Important for international assignments or high-risk locations
7. Training and Development: Include when assignment has specific training or development objectives
8. Cost Sharing: Required when costs are shared between home and host company in a specific way
1. Schedule 1 - Position Description: Detailed description of the role and responsibilities
2. Schedule 2 - Compensation and Benefits Package: Detailed breakdown of all compensation elements and benefits
3. Schedule 3 - Assignment Location Details: Specific information about the assignment location and facilities
4. Schedule 4 - Applicable Policies: List of home and host company policies that apply during assignment
5. Schedule 5 - Reporting Structure: Detailed reporting lines and relationships in both companies
6. Appendix A - Tax Treatment Summary: Summary of tax positions and arrangements
7. Appendix B - Required Notices and Consents: Forms and notices required for the assignment
8. Appendix C - Assignment Timeline: Detailed timeline for the assignment, including key milestones
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Mining and Resources
Technology
Manufacturing
Professional Services
Healthcare
Telecommunications
Energy
Construction
Retail and Consumer Goods
Education
Transportation and Logistics
Relevant Teams
Human Resources
Legal
Finance
Compliance
Tax
Risk Management
Operations
Project Management
Talent Development
Employee Relations
Relevant Roles
HR Director
Legal Counsel
HR Manager
Compliance Officer
Financial Controller
Project Manager
Technical Specialist
Senior Engineer
Management Consultant
Business Analyst
Department Head
Operations Manager
Risk Manager
Tax Manager
Talent Development Manager
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