Intercompany Employee Transfer Agreement Template for Canada

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Key Requirements PROMPT example:

Intercompany Employee Transfer Agreement

"I need an Intercompany Employee Transfer Agreement under Canadian law for transferring a senior software engineer from our Toronto office to our Vancouver subsidiary for a 12-month project starting March 2025, including provisions for housing allowance and family relocation."

Document background
The Intercompany Employee Transfer Agreement is essential for organizations operating multiple entities within Canada or involved in international operations with a Canadian component. This document is typically used when an employee needs to be temporarily transferred between affiliated companies while maintaining their primary employment relationship. It becomes necessary when companies need to share expertise, fulfill project requirements, or develop talent across their corporate structure. The agreement ensures compliance with Canadian federal and provincial employment laws, tax regulations, and immigration requirements while providing clarity on the terms of the transfer, including duration, compensation, benefits, and responsibilities of all parties. It's particularly relevant for organizations with subsidiary operations, joint ventures, or affiliated entities where employee mobility is required for business operations.
Suggested Sections

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

2. Background: Context of the transfer, relationship between the companies, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including Home Company, Host Company, Transfer Period, etc.

4. Term and Duration: Specified period of the transfer, including start and end dates

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

6. Duties and Responsibilities: Overview of the employee's role and responsibilities during the transfer

7. Compensation and Benefits: Details of salary, benefits, allowances, and which entity is responsible for each

8. Tax and Social Security: Arrangements for tax payments, social security contributions, and related obligations

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

10. Confidentiality and IP: Protection of confidential information and intellectual property rights

11. Termination: Circumstances and procedures for early termination of the transfer

12. Governing Law: Specification of applicable Canadian law and jurisdiction

13. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement

Optional Sections

1. Relocation Assistance: Details of relocation support when physical relocation is involved

2. Housing Allowance: Terms of housing support when applicable for long-term transfers

3. Family Support: Provisions for family members' relocation, schooling, etc. when family is relocating

4. International Healthcare: Additional health coverage arrangements for international transfers

5. Training Requirements: Specific training or development objectives when transfer is for skill development

6. Post-Transfer Obligations: Commitments and expectations after the transfer period

7. Exchange Rate Provisions: Currency exchange arrangements for international transfers

8. Cost Sharing: Detailed cost allocation between home and host companies when costs are shared

Suggested Schedules

1. Schedule A - Position Description: Detailed description of role, responsibilities, and reporting relationships

2. Schedule B - Compensation and Benefits Details: Comprehensive breakdown of all compensation elements and benefits

3. Schedule C - Transfer Policy: Company's standard transfer policy and procedures

4. Schedule D - Tax Equalization Policy: Details of tax equalization methodology if applicable

5. Schedule E - Required Notices and Filings: List of all regulatory notices and filings required for the transfer

6. Appendix 1 - Contact Information: Key contact persons in both home and host companies

7. Appendix 2 - Required Documents: Checklist of required documents for immigration and employment purposes

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Energy

Mining

Telecommunications

Pharmaceuticals

Retail

Construction

Automotive

Aerospace

Healthcare

Media and Entertainment

Relevant Teams

Human Resources

Legal

Global Mobility

Talent Management

Compensation & Benefits

Tax

Compliance

Operations

Finance

Risk Management

Relevant Roles

HR Director

Legal Counsel

Global Mobility Manager

Talent Acquisition Manager

Compensation & Benefits Manager

Immigration Specialist

Employment Law Attorney

Tax Manager

Project Manager

Department Head

Chief Human Resources Officer

Compliance Officer

Operations Director

Transfer Coordinator

Relocation Specialist

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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