Employee Lease Agreement Template for Ireland

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Key Requirements PROMPT example:

Employee Lease Agreement

"I need an Employee Lease Agreement governed by Irish law for leasing IT professionals from our staffing agency to work on a 12-month software development project starting March 2025, with specific provisions for intellectual property rights and remote working arrangements."

Document background
The Employee Lease Agreement is designed for situations where companies in Ireland need to engage workers through a third-party employment agency or Professional Employer Organization (PEO). This arrangement is commonly used when organizations require flexible staffing solutions, specialized skills, or want to outsource employment administration. The agreement carefully delineates the responsibilities between the leasing company (which maintains the employment relationship) and the host company (which directs the day-to-day work), ensuring compliance with Irish employment law, including the Protection of Employees (Temporary Agency Work) Act 2012. This document is crucial for protecting all parties' interests while maintaining clear lines of responsibility for employment obligations, workplace safety, and statutory compliance.
Suggested Sections

1. Parties: Identifies the leasing company (employer), host company, and reference to affected employees

2. Background: Explains the context of the agreement and the intention to lease employees

3. Definitions: Defines key terms used throughout the agreement, including 'Leased Employees', 'Services', 'Term', etc.

4. Term and Termination: Specifies the duration of the agreement and conditions for termination

5. Services and Scope: Details the services to be provided by leased employees and their scope of work

6. Employment Status: Clarifies that employees remain employed by the leasing company while working for the host

7. Duties and Obligations of the Leasing Company: Outlines responsibilities including payroll, benefits, and statutory compliance

8. Duties and Obligations of the Host Company: Defines day-to-day management responsibilities and workplace conditions

9. Fees and Payment Terms: Details the fee structure and payment terms for the leasing services

10. Working Conditions and Equal Treatment: Ensures compliance with the Protection of Employees Act regarding equal treatment

11. Health and Safety: Specifies responsibilities for workplace safety and compliance

12. Confidentiality: Addresses protection of confidential information for all parties

13. Data Protection: Ensures GDPR compliance in handling employee data

14. Insurance and Indemnity: Specifies insurance requirements and indemnification obligations

15. Dispute Resolution: Outlines procedures for resolving disputes between parties

16. Governing Law: Specifies Irish law as governing law and jurisdiction

Optional Sections

1. Intellectual Property Rights: Include when leased employees may create IP during their assignment

2. Non-Solicitation: Include to prevent direct hiring of leased employees by the host company

3. Performance Standards: Include when specific performance metrics or standards need to be met

4. Training Requirements: Include when specific training is required for leased employees

5. Overtime and Special Allowances: Include when overtime or special working conditions apply

6. International Assignment Provisions: Include for cross-border employee leasing arrangements

7. Union Recognition: Include when leased employees are covered by collective agreements

Suggested Schedules

1. Schedule 1 - Employee Details: List of leased employees with their roles and qualifications

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

3. Schedule 3 - Services Description: Detailed description of services to be provided by leased employees

4. Schedule 4 - Working Hours and Leave Entitlements: Specific working patterns and leave arrangements

5. Schedule 5 - Health and Safety Procedures: Specific safety protocols and procedures

6. Appendix A - Required Certifications: List of required certifications or qualifications for leased employees

7. Appendix B - Performance Metrics: Detailed performance standards and evaluation criteria

8. Appendix C - Employee Handbook Reference: Reference to applicable policies and procedures

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

Information Technology

Manufacturing

Construction

Healthcare

Financial Services

Professional Services

Engineering

Telecommunications

Retail

Logistics and Transportation

Energy and Utilities

Pharmaceutical

Agriculture

Education

Hospitality

Relevant Teams

Human Resources

Legal

Operations

Compliance

Finance

Risk Management

Procurement

Business Development

Executive Leadership

Employee Relations

Relevant Roles

Human Resources Director

Legal Counsel

Operations Manager

Compliance Officer

Finance Director

Project Manager

Recruitment Manager

Risk Manager

Contract Administrator

Business Development Manager

Chief Financial Officer

Chief Operating Officer

HR Business Partner

Talent Acquisition Manager

Employee Relations Manager

Industries
Protection of Employees (Temporary Agency Work) Act 2012: Ensures equal treatment for agency workers compared to direct employees, covering working time, pay, and conditions. Critical for employee leasing arrangements.
Employment Agency Act 1971: Regulates the operation of employment agencies and employee leasing companies in Ireland, including licensing requirements.
Safety, Health and Welfare at Work Act 2005: Establishes duties of employers and employees regarding workplace safety, crucial for determining responsibilities between leasing and host companies.
Organisation of Working Time Act 1997: Regulates working hours, rest periods, and leave entitlements that must be respected in the leasing arrangement.
Payment of Wages Act 1991: Governs how and when employees must be paid, relevant for establishing payment responsibilities between parties.
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Regulates the processing and sharing of employee personal data between the leasing company and host company.
Protected Disclosures Act 2014: Provides whistleblower protection and must be considered in determining reporting structures and protections.
Taxes Consolidation Act 1997: Determines tax obligations and responsibilities for both companies involved in the leasing arrangement.
Employment Equality Acts 1998-2015: Ensures non-discrimination and equal treatment in all aspects of employment, including leased employees.
Terms of Employment (Information) Acts 1994-2014: Requires provision of specific written information about employment terms to employees, including their status as leased employees.
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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