Secondment Agreement
This Secondment Agreement allows a company to enter a secondment arrangement for an employee to work temporarily with another company.
4.8 (6 reviews)
Last updated December 20, 2024
Under 10 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This Secondment Agreement contains clauses detailing the rights and obligations of the employee and the host company during the secondment. A secondment is an arrangement whereby an employer temporarily assigns their employee to work for another company for a defined period.
Benefits of Secondment Agreements
Here are the primary benefits of using secondment agreements:
- Employers can help build and expand an employee’s exposure to the workplace in the early stages of their career
- As employees on secondment (secondees) are generally placed in a different field to their own, they can learn and develop skills to use once they return to their original role
- Secondments allow employers to deal with redundancies in their company or department
- They’re a great tool to increase employee engagement and promote growth
- Secondment agreements are extremely useful in formalising the terms of a secondment
- They allow you to prevent legal issues arising from informal secondments
The Legal Risk Score of a Secondment Agreement Template
Our legal team have marked this document as low risk considering:
- The document allows for the transfer of an employee to another company while still being employed by the original employer, which could lead to potential conflicts of interest or loyalty issues.
- The employee's access to confidential information during the secondment creates a risk of information leakage if proper safeguards are not maintained.
- The continuation of the employee's original employment terms, except as varied by this agreement, might lead to ambiguities or misunderstandings regarding applicable terms and conditions during the secondment period.
Secondment Agreement Checklist
Complete your free Secondment Agreement with our checklist
Secure Signatures from All Parties:
Ensure that the agreement is signed, sealed, and delivered by the authorised representatives of both the employer and the host company, as well as by the employee.
Document Handling of Confidential Information:
Establish clear protocols for how confidential information is handled during the secondment to prevent unauthorized access or disclosure.
Clarify Intellectual Property Rights:
Define and document the specifics of any intellectual property rights developed during the secondment to avoid future disputes over ownership.
Plan for Termination and Property Return:
Prepare for the eventual termination of the agreement by setting up procedures for the return of all host company property, including confidential and intellectual property, to ensure compliance with the agreement's terms.
What does the Secondment Agreement cover?
- Confidentiality.
- Intellectual property.
- Termination.
- Employees' duties and obligations.
Use this Secondment Agreement if:
- You have a company and you wish to assign your employee to work for a host company for a defined time period.
What are the benefits of having a Secondment Agreement?
As an employer, a secondment agreement is useful in formalising the terms of a secondment to:
- Protect interests: This agreement sets out the terms of the secondment, including the responsibilities and obligations of both parties, protecting your interests in the event of a dispute.
- Minimise legal risks: By setting out the terms of the arrangement in a clear and unambiguous manner, this agreement can help reduce the risk of legal disputes arising from the secondment.
- Clarify expectations: This agreement can help ensure that both parties have a clear understanding of expectations by defining the roles and responsibilities of the employee and the host organisation during the secondment.
Further information:
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