Intercompany Employee Transfer Agreement Template for United States

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Key Requirements PROMPT example:

Intercompany Employee Transfer Agreement

"I need an Intercompany Employee Transfer Agreement for transferring a senior software engineer from our New York office to our Silicon Valley subsidiary for 18 months starting March 2025, including provisions for relocation assistance and tax equalization."

Document background
The Intercompany Employee Transfer Agreement serves as a crucial document when organizations need to move employees between affiliated entities while maintaining compliance with U.S. federal and state regulations. This agreement becomes necessary during corporate restructuring, talent deployment, project-specific assignments, or strategic workforce planning. It addresses essential elements such as employment continuity, benefit preservation, compensation adjustments, and regulatory compliance, while protecting both the employee's interests and the companies' legal obligations. The agreement helps prevent misunderstandings and ensures smooth transitions while maintaining compliance with employment, tax, and benefits laws.
Suggested Sections

1. Parties: Identifies the companies involved in the transfer (home and host company)

2. Background: States the purpose and context of the employee transfer

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

4. Term and Duration: Specifies the length of the transfer period and any extension provisions

5. Employment Status: Defines the relationship between employee and both companies during transfer

6. Compensation and Benefits: Details salary, benefits, and which entity is responsible for payment

7. Duties and Responsibilities: Outlines the employee's role and responsibilities in the host company

8. Governing Law: Specifies which jurisdiction's laws govern the agreement

Optional Sections

1. Immigration Provisions: Required for international transfers; details visa sponsorship responsibilities and compliance requirements

2. Tax Equalization: Details how tax differences between jurisdictions will be handled and which entity bears responsibility

3. Relocation Assistance: Specifies relocation benefits, support, and reimbursement policies

4. Return Provisions: Details conditions and process for return to home company after completion of transfer

Suggested Schedules

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

2. Schedule B - Position Description: Detailed job description and responsibilities in host company

3. Schedule C - Benefits Summary: Overview of benefits provided by both home and host companies

4. Schedule D - Tax Treatment: Details of tax arrangements, responsibilities, and equalization provisions

5. Appendix 1 - Relevant Policies: Key company policies applicable during transfer period

6. Appendix 2 - Required Notices: State or country-specific required notices and compliance documents

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
Industries

Employment Law Framework: Core federal employment regulations including Fair Labor Standards Act (FLSA), Equal Employment Opportunity laws (EEO), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act

Immigration Compliance: Immigration and Nationality Act requirements, visa regulations, Form I-9 compliance, and work authorization requirements for employee transfers

Tax Regulations: Internal Revenue Code compliance, state tax regulations, FICA requirements, tax equalization provisions, and relevant international tax treaties

Employee Benefits Legislation: Employee Retirement Income Security Act (ERISA) compliance, benefits continuation provisions, healthcare coverage including COBRA requirements, and 401(k)/pension considerations

State-Specific Labor Requirements: Applicable state labor laws, unemployment insurance requirements, workers' compensation regulations, and state-mandated notice requirements

Data Privacy Framework: State privacy laws, HIPAA compliance for medical information, and general confidentiality requirements for employee data protection

Intellectual Property Protection: Trade secrets protection laws, requirements for non-disclosure agreements, and regulations regarding assignment of inventions

Corporate Law Considerations: Corporate structure requirements, affiliate relationship regulations, and transfer pricing rules for intercompany relationships

Contractual Requirements: Considerations for original employment agreement terms, contract modification requirements, service credits continuation, and notice period regulations

Labor Relations Regulations: National Labor Relations Act requirements, collective bargaining agreement considerations, and union-related compliance obligations

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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