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Secondment Agreement Template for Ireland

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Key Requirements PROMPT example:

Secondment Agreement

I need a secondment agreement for an employee who will be temporarily transferred to a partner company for a period of 12 months to gain specific skills and experience. The agreement should include details on the employee's role, reporting structure, salary arrangements, and provisions for returning to their original position.

What is a Secondment Agreement?

A Secondment Agreement sets out the terms when one company temporarily loans an employee to work at another organization. Common in Irish businesses, these agreements keep everything clear about who's responsible for what during the arrangement - from salary and benefits to supervision and work duties.

The agreement protects everyone involved by spelling out key details like duration, reporting lines, and confidentiality requirements. Under Irish employment law, it maintains the original employment relationship while allowing the host company to direct the secondee's daily work. Companies often use secondments to share expertise, fill temporary skill gaps, or support project-based work.

When should you use a Secondment Agreement?

Use a Secondment Agreement when temporarily sharing skilled employees between organizations in Ireland. It's particularly valuable for specialized projects needing expert knowledge, like IT implementations or financial system overhauls. Many Irish companies also use these agreements during mergers and acquisitions to smooth transitions and transfer knowledge.

The agreement becomes essential when sending staff to client sites, supporting subsidiary companies, or participating in cross-industry training programs. It helps prevent employment disputes by clearly defining responsibilities, especially around sensitive areas like intellectual property, data protection, and professional indemnity. Getting this document in place before the secondment starts protects both companies and the employee.

What are the different types of Secondment Agreement?

  • Internal Secondments: Used when moving employees between departments or subsidiaries within the same Irish company group - focuses on role changes and reporting lines
  • External Commercial Secondments: Covers staff loans to client organizations or partner companies - emphasizes intellectual property and confidentiality
  • International Secondments: Addresses cross-border arrangements with additional provisions for tax, work permits, and local employment laws
  • Project-Based Secondments: Tailored for specific initiatives with defined timelines and deliverables - includes project-specific KPIs and milestones
  • Training Secondments: Structured for skill development and knowledge transfer - details learning objectives and mentorship arrangements

Who should typically use a Secondment Agreement?

  • Home Organization (Employer): Remains the primary employer, maintains employment contract, and handles payroll and benefits during secondment
  • Host Organization: Provides day-to-day direction, workspace, and supervision to the seconded employee
  • Seconded Employee: Maintains original employment while temporarily working under host organization's direction
  • HR Departments: Coordinate between both organizations to manage practical arrangements and policy compliance
  • Legal Teams: Draft and review Secondment Agreements to ensure compliance with Irish employment law and protect all parties' interests

How do you write a Secondment Agreement?

  • Core Details: Gather both organizations' legal names, registered addresses, and key contact information
  • Employment Terms: Document current salary, benefits, and any changes during secondment period
  • Duration Planning: Set clear start and end dates, plus any extension or early termination provisions
  • Role Definition: Outline specific duties, reporting lines, and performance management arrangements
  • Compliance Check: Review Irish employment law requirements, especially around working time and data protection
  • Practical Arrangements: Detail workplace location, equipment provision, and expense policies
  • Document Generation: Use our platform to create a legally sound agreement that includes all essential elements

What should be included in a Secondment Agreement?

  • Party Details: Full legal names and addresses of home employer, host organization, and seconded employee
  • Duration Terms: Specific start and end dates, notice periods, and conditions for early termination
  • Employment Status: Confirmation of continuing employment with home organization under Irish law
  • Work Duties: Detailed description of role, responsibilities, and reporting structure at host organization
  • Payment Terms: Salary arrangements, benefits continuation, and expense handling procedures
  • Confidentiality: Protection of sensitive information for both organizations under Irish data protection law
  • Intellectual Property: Clear assignment of IP rights created during secondment
  • Dispute Resolution: Irish jurisdiction and process for handling disagreements

What's the difference between a Secondment Agreement and an Agency Agreement?

A Secondment Agreement differs significantly from an Agency Agreement, though both involve one party working for another. Here's how to tell them apart in the Irish legal context:

  • Employment Status: Secondment maintains the original employment relationship, while agency creates a new principal-agent relationship
  • Duration: Secondments are typically temporary with a clear end date, while agency relationships often continue indefinitely
  • Control Level: Seconded employees work under the host's daily supervision but remain employed by their original employer; agents operate more independently
  • Legal Liability: In secondments, the original employer retains primary employment responsibilities; in agency, the agent acts on behalf of the principal with different liability structures
  • Payment Structure: Seconded employees keep their original salary arrangements; agents usually receive commission or fees based on performance

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