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Employee Outsourcing Agreement
"Need an Employee Outsourcing Agreement for outsourcing IT developers from a global staffing company to our Auckland-based tech firm, starting March 2025, with specific provisions for handling intellectual property and remote work arrangements."
1. Parties: Identifies the contracting parties: the outsourcing company (service provider) and the host company (client)
2. Background: Outlines the context of the agreement, including the purpose of the outsourcing arrangement and the general intent of the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Outsourced Employees', 'Services', 'Workplace', etc.
4. Scope of Services: Details the employee outsourcing services to be provided, including types of roles and responsibilities
5. Term and Renewal: Specifies the duration of the agreement and conditions for renewal
6. Service Provider Obligations: Outlines the outsourcing company's responsibilities, including employment, payroll, and statutory compliance
7. Client Obligations: Details the host company's responsibilities, including workplace conditions, supervision, and coordination
8. Employee Management: Covers recruitment, selection, training, performance management, and discipline procedures
9. Health and Safety: Establishes health and safety responsibilities and compliance requirements for both parties
10. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
11. Confidentiality and Privacy: Addresses the protection of confidential information and personal data
12. Liability and Indemnification: Allocates risks and responsibilities between parties
13. Dispute Resolution: Outlines procedures for resolving disputes between parties
14. Termination: Specifies termination rights, notice periods, and consequences of termination
1. Immigration Compliance: Required when the agreement involves foreign workers, detailing visa and immigration compliance requirements
2. Intellectual Property: Needed when outsourced employees may create or have access to intellectual property
3. Non-Competition: Optional restrictions on the service provider's ability to provide similar services to competitors
4. Transition Services: Required for complex arrangements where specific transition procedures are needed at the start or end of the agreement
5. Insurance Requirements: Detailed insurance obligations beyond standard coverage
6. Business Continuity: Required for critical service arrangements requiring specific disaster recovery and business continuity measures
7. Security Requirements: Needed when outsourced employees require access to sensitive systems or facilities
1. Schedule 1: Service Specifications: Detailed description of outsourced roles, responsibilities, and service levels
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, charges, and payment calculations
3. Schedule 3: Key Personnel: List of key contacts and their roles from both parties
4. Schedule 4: Employee Minimum Terms: Minimum employment terms and conditions for outsourced employees
5. Schedule 5: Performance Metrics: KPIs and performance measurement criteria
6. Appendix A: Standard Operating Procedures: Detailed procedures for day-to-day operations and management
7. Appendix B: Required Forms and Templates: Standard forms for reporting, requests, and communications
8. Appendix C: Health and Safety Procedures: Specific health and safety requirements and procedures
Authors
Applicable Laws
Background Check
Business Day
Client
Commencement Date
Confidential Information
Contract Term
Employee Records
Employment Agreement
Employment Laws
Fees
Force Majeure Event
Good Industry Practice
Health and Safety Laws
Host Company
Host Company Policies
Intellectual Property Rights
Key Personnel
Material Breach
Notice
Outsourced Employee
Outsourced Services
Performance Standards
Personal Information
Personnel
Privacy Laws
Service Levels
Service Provider
Services
Site
Specified Personnel
Staff
Statutory Requirements
Supervision
Term
Termination Date
Transition Period
Transition Services
Workplace
Workplace Policies
Working Hours
Work Location
Services
Term and Renewal
Service Provider Obligations
Client Obligations
Employee Management
Health and Safety
Supervision and Control
Performance Standards
Fees and Payment
Invoicing
Personnel Requirements
Training
Compliance
Immigration
Confidentiality
Privacy
Data Protection
Intellectual Property
Non-Solicitation
Non-Competition
Insurance
Liability
Indemnification
Force Majeure
Dispute Resolution
Termination
Transition Services
Assignment
Subcontracting
Notices
Governing Law
Entire Agreement
Variation
Severability
Survival
Business Continuity
Record Keeping
Audit Rights
Reporting
Good Faith
Information Technology
Manufacturing
Healthcare
Construction
Professional Services
Financial Services
Hospitality
Retail
Mining and Resources
Transportation and Logistics
Agriculture
Education
Telecommunications
Human Resources
Legal
Procurement
Operations
Compliance
Risk Management
Finance
Health and Safety
Industrial Relations
Contract Administration
Project Management
Human Resources Director
Legal Counsel
Procurement Manager
Operations Manager
Compliance Officer
Risk Manager
Chief Financial Officer
Chief Operating Officer
Workforce Planning Manager
Health and Safety Manager
Industrial Relations Manager
Talent Acquisition Manager
Contract Administrator
Project Manager
Business Unit Manager
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