The Secondment Contract is a crucial document used when an organization wishes to temporarily transfer an employee to another organization while maintaining the original employment relationship. This arrangement is common in Australia for various purposes including skill sharing, project delivery, training and development, or resource optimization. The agreement ensures compliance with Australian employment law while protecting the interests of all parties involved. It typically includes comprehensive details about the secondment arrangement, including duration, roles and responsibilities, reporting structures, remuneration and benefits, working conditions, and termination provisions. The document is particularly important for maintaining clarity in complex three-way relationships and ensuring continuity of employment benefits and entitlements under Australian law.
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1. Parties: Identifies the three parties: home employer, host employer, and employee
2. Background: Explains the context of the secondment arrangement and the existing employment relationship
3. Definitions: Defines key terms used throughout the agreement
4. Term of Secondment: Specifies the duration, start date, and any extension provisions
5. Role and Duties: Details the position, responsibilities, and reporting relationships during secondment
6. Continuity of Employment: Confirms ongoing employment with home employer and preservation of service-related benefits
7. Remuneration and Benefits: Specifies salary, benefits, and which employer is responsible for each
8. Work Conditions and Policies: Outlines compliance with host employer's workplace policies and procedures
9. Supervision and Performance Management: Details how the employee will be managed and by whom
10. Leave Entitlements: Addresses holiday, sick leave, and other leave arrangements
11. Expenses and Reimbursement: Specifies which employer will cover various expenses
12. Confidentiality and Intellectual Property: Protects both employers' confidential information and IP rights
13. Termination: Sets out circumstances and process for ending the secondment
14. Return to Home Employer: Specifies arrangements for returning to original role
15. General Provisions: Includes standard boilerplate clauses like governing law and notices
1. Mobility and Relocation: Include when secondment involves relocation, detailing moving expenses and arrangements
2. Immigration Requirements: Required for international secondments to address visa and work permit requirements
3. Tax Equalization: Include for international or interstate secondments to address tax implications
4. Housing and Living Allowances: Include when secondment requires relocation with housing support
5. Family Support: Include when secondment includes provisions for family relocation or support
6. Insurance Arrangements: Include when specific insurance coverage needs to be addressed between employers
7. Training and Development: Include when secondment involves specific training or development objectives
8. Post-Secondment Restrictions: Include when there are specific restrictions on employment after the secondment
1. Schedule 1 - Position Description: Detailed description of the seconded role and responsibilities
2. Schedule 2 - Remuneration and Benefits Package: Comprehensive breakdown of salary, benefits, and allowances
3. Schedule 3 - Applicable Workplace Policies: List of host employer policies that apply during secondment
4. Schedule 4 - Performance Metrics: Key performance indicators and assessment criteria
5. Schedule 5 - Expense Policy: Details of approved expenses and reimbursement procedures
6. Appendix A - Reporting Structure: Organizational chart showing reporting lines during secondment
7. Appendix B - Leave Management Process: Procedures for requesting and managing different types of leave
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Professional Services
Manufacturing
Mining and Resources
Healthcare
Education
Government
Construction
Energy
Telecommunications
Consulting
Research and Development
Non-Profit
Relevant Teams
Human Resources
Legal
Talent Management
Operations
Finance
Compliance
Risk Management
Project Management Office
Business Operations
Employee Relations
Relevant Roles
Human Resources Director
HR Manager
Legal Counsel
Employment Lawyer
Talent Manager
Resource Manager
Project Manager
Technical Specialist
Department Head
Operations Manager
Finance Manager
Program Director
Business Unit Head
Compliance Officer
Risk Manager
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