An International Assignment Agreement is essential when temporarily relocating employees to work in different countries while maintaining their employment relationship with their home country employer. This document is particularly crucial in the South African context, where specific legislative requirements must be met under various acts including the Labour Relations Act, Basic Conditions of Employment Act, and Immigration Act. The agreement should be used when an organization wishes to assign an employee to work in another country for a defined period while ensuring compliance with both home and host country regulations. It covers critical aspects such as employment continuity, compensation structures, tax implications, immigration requirements, and repatriation terms. The document is designed to protect both employer and employee interests while maintaining compliance with South African employment law and international regulatory requirements.
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1. Parties: Identification of the home company, host company (if applicable), and the employee
2. Background: Context of the assignment and relationship between the parties
3. Definitions: Key terms used throughout the agreement including Home Country, Host Country, Assignment Period, etc.
4. Assignment Details: Duration, location, role, and responsibilities during the assignment
5. Employment Status: Relationship with home and host company, reporting lines, and continuity of service
6. Compensation and Benefits: Base salary, assignment allowances, benefits package, and payment arrangements
7. Tax and Social Security: Tax equalization policy, social security arrangements, and related support
8. Immigration: Visa and work permit requirements and support
9. Working Hours and Leave: Working schedule, public holidays, annual leave, and other leave entitlements
10. Duties and Obligations: Employee's responsibilities, compliance requirements, and performance expectations
11. Healthcare and Insurance: Medical coverage, insurance arrangements, and emergency support
12. Termination: Circumstances for early termination and notice requirements
13. Repatriation: End of assignment arrangements and return to home country
14. Governing Law: Application of South African law and jurisdiction
15. Data Protection: Handling of personal information in compliance with POPIA
16. General Provisions: Standard contractual clauses including entire agreement, amendments, and notices
1. Schooling Support: Education assistance for accompanying children - include when assignee relocates with school-age children
2. Spouse/Partner Support: Assistance for accompanying spouse/partner - include when relevant to the assignee's situation
3. Housing Provisions: Detailed housing arrangements - include when housing is provided as part of the package
4. Mobility Clause: Provisions for potential changes in assignment location - include for assignments that may require flexibility
5. Intellectual Property: IP provisions - include when assignment involves R&D or creative work
6. Non-Competition: Post-assignment restrictions - include for senior roles or when dealing with sensitive information
7. Split Payroll: Details of split payment arrangements - include when salary is paid in multiple currencies/countries
8. Emergency Evacuation: Procedures for emergency situations - include for assignments in high-risk locations
9. Localization Provisions: Terms for potential permanent transfer - include when localization might be considered
1. Schedule 1 - Compensation Details: Detailed breakdown of salary, allowances, and benefits
2. Schedule 2 - Tax Equalization Policy: Detailed tax equalization methodology and calculations
3. Schedule 3 - Relocation Support: Details of relocation assistance and shipment entitlements
4. Schedule 4 - Company Policies: Key company policies applicable during the assignment
5. Schedule 5 - Job Description: Detailed role description and responsibilities
6. Appendix A - Assignment Location Information: Practical information about the host location
7. Appendix B - Healthcare Provider Network: List of approved healthcare providers in host location
8. Appendix C - Emergency Contacts: List of emergency contacts and procedures
9. Appendix D - Assignment Timeline: Key dates and milestones for the assignment
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