The Tripartite Agreement Employment is designed for situations under Dutch law where an employment relationship involves three parties: an employee, a formal employer (often an employment agency or professional employer organization), and a host company where the work is performed. This structure is commonly used in the Netherlands for temporary staffing, professional secondments, or specialized employment arrangements. The agreement comprehensively addresses the complex relationships between all parties, ensuring compliance with Dutch employment legislation including the Dutch Civil Code (Burgerlijk Wetboek), the Work Allocation Act (WAADI), and relevant social security laws. It details specific responsibilities for each party, including payment arrangements, workplace conditions, management structure, and termination procedures, while protecting the rights and interests of all parties involved.
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Key Requirements PROMPT example:
Tripartite Agreement Employment
I need a Tripartite Agreement Employment under Dutch law for a senior software developer who will be formally employed by our staffing agency but working at a financial services client in Amsterdam, starting March 1, 2025, with specific provisions for intellectual property protection and remote working arrangements.
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1. Parties: Identification of the three parties: the Employee, the Employer (typically the hiring/payroll company), and the Host Company (where the work is performed)
2. Background: Context of the agreement, explaining the tripartite structure and general purpose of the arrangement
3. Definitions: Key terms used throughout the agreement, including specific roles and responsibilities of each party
4. Term and Commencement: Duration of the agreement, including start date and whether it's for fixed or indefinite term
5. Position and Duties: Employee's role, responsibilities, and reporting lines, including relationship with both Employer and Host Company
6. Place of Work: Primary work location and any flexibility arrangements
7. Working Hours: Standard working hours, breaks, and overtime arrangements
8. Salary and Benefits: Compensation structure, including base salary, benefits, and which party is responsible for payment
9. Holiday and Leave: Vacation entitlement, public holidays, and other leave rights
10. Sickness and Disability: Procedures for reporting illness and sick pay arrangements
11. Employer Obligations: Specific responsibilities of the formal employer including administration and legal compliance
12. Host Company Obligations: Responsibilities of the host company including day-to-day management and workplace provisions
13. Employee Obligations: Employee's duties, responsibilities, and compliance requirements to both other parties
14. Confidentiality: Protection of confidential information of all three parties
15. Intellectual Property: Ownership and protection of IP created during employment
16. Data Protection: Handling of personal data between the three parties in compliance with GDPR
17. Termination: Conditions and procedures for ending the agreement by any party
18. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. Mobility Clause: Required if the employee may need to work at different locations
2. Non-Competition: Include if post-employment restrictions are required, noting Dutch law restrictions on such clauses
3. Training and Development: Include if specific training requirements or professional development arrangements exist
4. Performance Management: Include if specific performance review processes need to be detailed
5. Bonus Arrangements: Required if performance-related pay or bonuses are part of the package
6. International Travel: Include if the role requires international travel or assignments
7. Company Equipment: Include if significant company equipment or resources are provided
8. Secondment Terms: Required if the arrangement is structured as a secondment
9. Works Council Provisions: Include if works council agreements affect the employment relationship
1. Schedule 1 - Job Description: Detailed description of the role and responsibilities
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary and benefits
3. Schedule 3 - Company Policies: Key policies of both employer and host company that apply to the employee
4. Schedule 4 - Workplace Rules: Specific workplace regulations of the host company
5. Schedule 5 - Data Processing Agreement: Detailed arrangements for handling personal data between parties
6. Appendix A - Contact Details: Key contact information for all three parties
7. Appendix B - Required Notices: Forms and procedures for various types of required notices
8. Appendix C - Benefits Summary: Detailed overview of all applicable benefits and eligibility
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Professional Services
Information Technology
Manufacturing
Financial Services
Healthcare
Construction
Education
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Engineering
Telecommunications
Logistics
Energy
Research and Development
Relevant Teams
Human Resources
Legal
Finance
Operations
Project Management Office
Information Technology
Research and Development
Sales and Marketing
Procurement
Administration
Compliance
Risk Management
Relevant Roles
Project Manager
Software Developer
Business Analyst
Financial Controller
HR Consultant
Engineering Specialist
Research Scientist
Management Consultant
Technical Architect
Sales Executive
Operations Manager
Healthcare Professional
Legal Counsel
Marketing Specialist
Data Scientist
Construction Manager
Education Specialist
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