Intercompany Employee Lease Agreement Template for England and Wales

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Key Requirements PROMPT example:

Intercompany Employee Lease Agreement

"I need an Intercompany Employee Lease Agreement for transferring three senior software developers from our UK parent company to our French subsidiary for a 6-month project starting March 2025, with specific provisions for intellectual property protection and cross-border tax compliance."

Document background
An Intercompany Employee Lease Agreement is utilized when one company needs to temporarily transfer an employee to another company while maintaining the original employment relationship. This arrangement is common in group companies or strategic partnerships operating under English and Welsh law. The agreement covers essential aspects such as cost allocation, management responsibilities, employee rights, and regulatory compliance. It's particularly relevant when companies need to share expertise or resources without permanent transfer of employment, ensuring clear documentation of the arrangement and protection for all parties involved.
Suggested Sections

1. Parties: Identification of the home company (lessor) and host company (lessee)

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

3. Definitions: Key terms used throughout the agreement including 'Home Company', 'Host Company', 'Leased Employee', 'Lease Period'

4. Term and Duration: Period of secondment/lease, including start and end dates, renewal provisions

5. Services and Duties: Description of the employee's role, responsibilities, and reporting requirements during the lease period

6. Employment Status: Confirmation that employment remains with home company and implications for employment rights

7. Costs and Payment Terms: Financial arrangements between the companies including fees, salary, benefits, and cost allocation

8. Management and Control: Day-to-day supervision arrangements, reporting structures, and performance management

9. Confidentiality: Protection of sensitive information and trade secrets of both companies

10. Termination: Circumstances and process for ending the agreement, including notice periods and consequences

Optional Sections

1. Immigration Provisions: Required for international secondments, including visa requirements and compliance

2. Intellectual Property: Ownership and protection of IP created during secondment period

3. Non-Competition: Additional restrictions on employee activities and protection of business interests

4. Benefits and Insurance: Special arrangements for employee benefits, insurance coverage, and liability

Suggested Schedules

1. Schedule 1 - Employee Details: Personal information, role specifications, and current employment terms

2. Schedule 2 - Fee Schedule: Detailed breakdown of charges, payment arrangements, and cost allocation

3. Schedule 3 - Service Level Agreement: Specific performance metrics, standards, and KPIs

4. Schedule 4 - Data Processing Agreement: GDPR compliance terms for handling personal data between parties

5. Schedule 5 - Employee Consent Form: Written agreement from the employee to the arrangement and terms

6. Schedule 6 - Benefits Package: Detailed breakdown of employee benefits during secondment period

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
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Core employment legislation covering fundamental employment rights, unfair dismissal, redundancy rights, and basic employment protections.

Working Time Regulations 1998: Legislation governing working hours, rest breaks, annual leave entitlements, and maximum weekly working time limits.

National Minimum Wage Act 1998: Legislation ensuring minimum wage requirements are met for all workers.

Equality Act 2010: Comprehensive anti-discrimination legislation protecting workers from discrimination based on protected characteristics.

Agency Workers Regulations 2010: Regulations implementing EU Directive 2008/104/EC, ensuring equal treatment for agency workers.

Conduct of Employment Agencies Regulations 2003: Regulations governing the conduct of employment agencies and businesses in the placement of workers.

Income Tax (Earnings and Pensions) Act 2003: Tax legislation governing employment income, including considerations for seconded employees.

Social Security Contributions and Benefits Act 1992: Legislation covering national insurance contributions and social security benefits for employees.

IR35 Legislation: Off-payroll working rules affecting tax and national insurance treatment of workers providing services through intermediaries.

UK General Data Protection Regulation: Post-Brexit data protection legislation governing the processing of personal data.

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR.

Health and Safety at Work Act 1974: Primary legislation for workplace health and safety requirements.

Management of Health and Safety at Work Regulations 1999: Detailed regulations on risk assessment and management of workplace safety.

Immigration, Asylum and Nationality Act 2006: Legislation governing right to work requirements and immigration considerations.

TUPE Regulations 2006: Transfer of Undertakings regulations protecting employees' rights during business transfers.

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, including employment-related agreements.

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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