The Secondment Contract is essential for organizations operating in Malta who need to temporarily assign employees to different entities while maintaining the original employment relationship. This document is particularly relevant in scenarios involving inter-company transfers, project-based assignments, skill sharing, or professional development opportunities. The contract ensures compliance with Maltese employment law, including the Employment and Industrial Relations Act and Posted Workers Regulations, while clearly defining the rights and obligations of all parties. It covers crucial elements such as compensation arrangements, tax implications, social security considerations, and the maintenance of employment benefits. The document is designed to protect both employers and the seconded employee, providing clarity on reporting structures, performance management, and the eventual return to the home employer.
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1. Parties: Identifies the three key parties: Home Employer, Host Employer, and the Employee
2. Background: Sets out the context of the secondment and the existing employment relationship
3. Definitions: Defines key terms used throughout the agreement
4. Duration of Secondment: Specifies the start date, end date, and any provisions for early termination or extension
5. Role and Duties: Details the position, responsibilities, and reporting relationships during secondment
6. Place of Work: Specifies the location(s) where the seconded employee will work
7. Remuneration and Benefits: Outlines salary, benefits, and which employer is responsible for each component
8. Working Hours and Leave: Specifies working hours, overtime arrangements, and holiday entitlements
9. Expenses: Details the treatment of business expenses and relocation costs
10. Continuing Obligations to Home Employer: Specifies ongoing duties and obligations to the home employer
11. Obligations of the Host Employer: Details the host employer's responsibilities regarding the seconded employee
12. Data Protection: Addresses handling of personal data between all parties
13. Confidentiality: Covers confidentiality obligations regarding both employers
14. Intellectual Property: Addresses ownership of IP created during the secondment
15. Return to Home Employer: Details the process and terms for returning to the home employer
16. Governing Law and Jurisdiction: Specifies Maltese law as governing law and relevant jurisdiction
1. Mobility Clause: Required if the role may involve travel or work at multiple locations
2. Housing and Relocation: Include if accommodation or relocation assistance is provided
3. Tax Equalization: Include if tax equalization benefits are offered
4. Training Requirements: Include if specific training or qualifications are required for the role
5. Performance Management: Include if specific performance review arrangements are needed
6. Insurance Coverage: Include if special insurance arrangements are required
7. Family Support: Include if family-related benefits or support are provided
8. Emergency Procedures: Include for international secondments or high-risk locations
1. Schedule 1 - Job Description: Detailed description of the role and responsibilities
2. Schedule 2 - Remuneration and Benefits Package: Detailed breakdown of all compensation elements
3. Schedule 3 - Applicable Policies: List of relevant policies from both home and host employer
4. Schedule 4 - Reporting Structure: Organizational chart and reporting relationships
5. Schedule 5 - Performance Metrics: Key performance indicators and evaluation criteria
6. Appendix A - Required Notices and Forms: Templates for various notices required during secondment
7. Appendix B - Contact Information: Key contact details for both organizations
8. Appendix C - Expense Policy: Detailed policy on claiming and processing expenses
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