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Joint Employment Agreement Template for Canada

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Key Requirements PROMPT example:

Joint Employment Agreement

"I need a Joint Employment Agreement for a senior software developer who will work 60% of their time for our tech company and 40% for our research partner organization, starting March 1, 2025, with specific provisions for intellectual property sharing and data security compliance."

What is a Joint Employment Agreement?

The Joint Employment Agreement is designed for situations where an individual is simultaneously employed by two separate entities in Canada, or where employer responsibilities are shared between two organizations. This arrangement is common in various scenarios, such as joint ventures, professional secondments, shared service arrangements, or collaborative projects between organizations. The agreement ensures compliance with Canadian federal and provincial employment laws while clearly delineating the responsibilities and obligations of each employer. It covers essential aspects including compensation structure, benefits administration, workplace policies, reporting relationships, and termination procedures. This document is crucial for protecting the rights and interests of all parties involved while providing a clear framework for managing the complex three-way employment relationship.

What sections should be included in a Joint Employment Agreement?

1. Parties: Identification of all parties: Primary Employer, Secondary Employer, and Employee

2. Background: Context of the joint employment arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific definitions related to joint employment

4. Term of Employment: Duration of the employment relationship, including start date and any fixed term if applicable

5. Roles and Responsibilities: Detailed description of the employee's position, duties, and reporting relationships to both employers

6. Division of Employer Responsibilities: Clear allocation of employer obligations between the two employers

7. Compensation and Benefits: Salary, benefits, and which employer is responsible for each component

8. Working Hours and Location: Work schedule, location(s), and time allocation between employers if applicable

9. Performance Management: Process for performance evaluation and management by both employers

10. Confidentiality and Intellectual Property: Protection of confidential information and ownership of work product

11. Termination: Conditions and processes for termination by either employer or the employee

12. Dispute Resolution: Process for resolving disputes between any of the parties

13. Governing Law: Specification of applicable Canadian laws and jurisdiction

14. General Provisions: Standard legal provisions including amendment process, severability, and entire agreement

What sections are optional to include in a Joint Employment Agreement?

1. Mobility Clause: Required if the employee may need to work from different locations or travel between employer sites

2. International Work: Include if either employer may require work across international borders

3. Commission Structure: Include if the role involves sales or performance-based compensation

4. Training and Development: Include if specific professional development or training requirements exist

5. Non-Competition: Include if restricting employee's ability to work for competitors is necessary

6. Equipment and Resources: Include if specifying provision and maintenance of work tools between employers is needed

7. Specialized Insurance: Include if role requires additional insurance coverage beyond standard employment insurance

8. Health and Safety Protocols: Include if specific workplace safety measures need to be detailed

9. Union Relations: Include if either workplace is unionized or subject to collective agreements

What schedules should be included in a Joint Employment Agreement?

1. Schedule A - Job Description: Detailed description of roles and responsibilities for each employer

2. Schedule B - Compensation Structure: Detailed breakdown of salary, benefits, and payment responsibilities

3. Schedule C - Work Schedule: Detailed allocation of time between employers if applicable

4. Schedule D - Benefit Plans: Details of benefits provided by each employer

5. Schedule E - Workplace Policies: Relevant policies from both employers that apply to the employee

6. Appendix 1 - Emergency Contacts: List of key contacts at both employers for various situations

7. Appendix 2 - Required Certifications: List of mandatory certifications or qualifications if applicable

8. Appendix 3 - Expense Policies: Guidelines for expense submission and reimbursement from each employer

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































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