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Intercompany Assignment Agreement for Canada

Intercompany Assignment Agreement Template for Canada

A comprehensive legal agreement governed by Canadian law that facilitates and regulates the temporary assignment of an employee from one company (home company) to another related company (host company) within the same corporate group. The agreement addresses key aspects including employment status, compensation, benefits, tax implications, immigration requirements, and legal compliance while ensuring the protection of all parties' interests. It incorporates relevant Canadian federal and provincial employment standards, tax regulations, and immigration laws, while providing flexibility to accommodate international elements where assignments cross borders.

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Intercompany Assignment Agreement

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What is a Intercompany Assignment Agreement?

The Intercompany Assignment Agreement is essential for organizations operating multiple entities within Canada or internationally that need to temporarily transfer employees between related companies. This document is particularly crucial in today's business environment where workforce mobility and knowledge sharing between affiliated entities are common practices. The agreement ensures compliance with Canadian employment standards, tax laws, and immigration requirements while clearly defining the rights and obligations of all parties involved. It covers critical aspects such as employment continuity, compensation structures, benefit arrangements, and reporting relationships, protecting both the companies' interests and the employee's rights. This agreement is typically used for assignments lasting from several months to a few years and is structured to accommodate both domestic Canadian assignments and international secondments involving Canadian entities.

What sections should be included in a Intercompany Assignment Agreement?

1. Parties: Identification of the home company, host company, and the employee

2. Background: Context of the assignment and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Term of Assignment: Duration of the assignment, including start and end dates

5. Employment Status: Confirmation of continued employment with home company and relationship with host company

6. Duties and Responsibilities: Employee's role and responsibilities during the assignment

7. Compensation and Benefits: Salary, benefits, allowances, and payment arrangements

8. Tax and Social Security: Tax equalization policies and social security arrangements

9. Immigration and Work Permits: Responsibilities for obtaining necessary permits and visas

10. Confidentiality: Protection of confidential information of both companies

11. Intellectual Property: Ownership and protection of IP created during the assignment

12. Termination: Conditions and process for early termination

13. Repatriation: Terms for return to home company

14. Governing Law: Applicable law and jurisdiction

15. General Provisions: Standard boilerplate clauses

What sections are optional to include in a Intercompany Assignment Agreement?

1. Housing and Relocation: Terms regarding accommodation and relocation support, used when physical relocation is required

2. Family Support: Provisions for family members, used when family is relocating with employee

3. Emergency Situations: Procedures for handling emergencies or evacuations, used for assignments to high-risk locations

4. Training and Development: Specific provisions for training or development programs, used when assignment includes formal development components

5. Non-Competition: Restrictions on competitive activities, used when employee has access to sensitive business information

6. Currency and Exchange Rates: Provisions for handling currency fluctuations, used for international assignments

7. Performance Management: Details of performance evaluation process, used when dual reporting structures exist

8. Medical Coverage: Special health insurance provisions, used for assignments to countries with different healthcare systems

What schedules should be included in a Intercompany Assignment Agreement?

1. Schedule A - Compensation and Benefits Details: Detailed breakdown of salary, allowances, and benefits

2. Schedule B - Assignment Location Details: Specific information about the host location and workplace

3. Schedule C - Tax Equalization Policy: Detailed tax treatment and calculations

4. Schedule D - Relocation Policy: Detailed relocation benefits and procedures

5. Schedule E - Insurance Coverage: Details of insurance policies and coverage

6. Appendix 1 - Required Notices and Filings: List of regulatory notices and filings required for the assignment

7. Appendix 2 - Emergency Contacts: List of emergency contacts in both home and host locations

8. Appendix 3 - Applicable Policies: List of company policies applicable during the assignment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Transfer Agreement

Cost

Free to use
Relevant legal definitions

















































Clauses









































Relevant Industries

Financial Services

Technology

Manufacturing

Energy and Resources

Professional Services

Telecommunications

Pharmaceutical

Mining

Construction

Retail and Consumer Goods

Transportation and Logistics

Healthcare

Media and Entertainment

Relevant Teams

Human Resources

Legal

Global Mobility

Talent Management

Finance

Tax

Compliance

Corporate Services

Employee Relations

Payroll

International Operations

Risk Management

Relevant Roles

HR Director

Legal Counsel

Global Mobility Manager

Human Resources Manager

Talent Development Manager

Corporate Lawyer

Employment Lawyer

Project Manager

Technical Specialist

Senior Engineer

Department Head

Regional Manager

Research Scientist

Finance Director

Operations Manager

Executive Officer

Tax Manager

Compliance Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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