The Secondment Contract is essential when an organization needs to temporarily transfer an employee to another company while maintaining the original employment relationship. This arrangement is common in corporate groups, project-based work, or when specialized expertise is required. The document, compliant with Austrian employment law, particularly the AÜG (Arbeitskräfteüberlassungsgesetz), details all aspects of the temporary assignment including duration, duties, reporting lines, compensation, benefits, and cost allocation between employers. It protects all parties' interests by clearly defining roles and responsibilities, ensuring compliance with legal requirements, and establishing frameworks for management and supervision. This type of contract is particularly relevant in situations involving knowledge transfer, project support, professional development, or corporate restructuring.
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1. Parties: Identification of the Home Employer, Host Employer, and Employee
2. Background: Context of the secondment arrangement and business purpose
3. Definitions: Key terms used throughout the agreement including 'Secondment Period', 'Services', 'Home Employment Agreement'
4. Duration of Secondment: Start date, end date, and any provisions for extension or early termination
5. Employment Status: Confirmation that primary employment remains with Home Employer and nature of relationship with Host Employer
6. Duties and Responsibilities: Description of role, reporting lines, and scope of services to be provided to Host Employer
7. Working Hours and Location: Specification of working schedule and place of work
8. Remuneration and Benefits: Salary, benefits continuation, and any additional allowances related to the secondment
9. Costs and Expenses: Allocation of secondment-related costs between Home and Host Employer
10. Management and Supervision: Day-to-day management arrangements and performance review process
11. Confidentiality and Data Protection: Obligations regarding confidential information of both Home and Host Employer
12. Return to Home Employer: Terms and conditions for return to Home Employer post-secondment
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. International Travel and Immigration: Required for international secondments - covers visa requirements and travel arrangements
2. Housing and Relocation: Include when secondment requires relocation - details housing allowances and relocation support
3. Tax Equalization: Include for international secondments where tax implications need to be managed
4. Training and Development: Include when specific training or development objectives are part of the secondment purpose
5. Non-Competition: Include when there are specific competitive concerns during or after the secondment
6. Insurance Coverage: Include when special insurance arrangements are needed beyond standard coverage
7. Family Support: Include when family relocation support is provided as part of the secondment
8. Emergency Procedures: Include for international secondments or high-risk locations
1. Schedule 1 - Services Description: Detailed description of duties and responsibilities during secondment
2. Schedule 2 - Remuneration and Benefits Package: Detailed breakdown of salary, allowances, and benefits
3. Schedule 3 - Home Employment Terms: Key terms from Home Employment Agreement that remain in effect
4. Schedule 4 - Costs Allocation: Detailed breakdown of cost sharing between Home and Host Employer
5. Schedule 5 - Reporting Structure: Organizational chart showing reporting lines in Host organization
6. Appendix A - Home Employer Policies: Relevant policies from Home Employer that continue to apply
7. Appendix B - Host Employer Policies: Relevant policies from Host Employer that will apply during secondment
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Engineering
Financial Services
Manufacturing
Professional Services
Energy
Healthcare
Construction
Research and Development
Education
Telecommunications
Automotive
Consulting
Relevant Teams
Human Resources
Legal
Finance
Compliance
Operations
Project Management Office
Training and Development
Risk Management
Employee Relations
Global Mobility
Compensation and Benefits
Talent Management
Relevant Roles
Human Resources Director
Legal Counsel
HR Manager
Project Manager
Department Head
Technical Specialist
Senior Engineer
Management Consultant
Financial Controller
Research Scientist
IT Architect
Operations Manager
Business Development Manager
Training Specialist
Risk Manager
Compliance Officer
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