Secondment Contract for United Arab Emirates

Secondment Contract Template for United Arab Emirates

A Secondment Agreement under UAE law is a tripartite agreement that facilitates the temporary transfer of an employee from their original employer (Home Employer) to another organization (Host Employer) while maintaining the original employment relationship. This document, governed by UAE Federal Decree-Law No. 33 of 2021, outlines the terms and conditions of the secondment arrangement, including duties, responsibilities, duration, compensation, benefits, and the respective obligations of all parties involved. It ensures compliance with UAE labor laws while providing a clear framework for managing the temporary assignment and protecting the interests of all parties.

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What is a Secondment Contract?

A Secondment Contract is a crucial document used when an employee is temporarily transferred from their original employer to another organization while maintaining their primary employment relationship. This arrangement is common in the UAE business environment, particularly among group companies, project-based assignments, or for knowledge transfer purposes. The document must comply with UAE Federal Decree-Law No. 33 of 2021 and related employment regulations, addressing key aspects such as employment status, compensation, benefits, and operational responsibilities. It's essential for protecting all parties' interests and ensuring clear accountability in complex three-way employment relationships. The agreement is particularly relevant in the UAE's dynamic business environment, where workforce mobility and inter-company collaboration are common practices.

What sections should be included in a Secondment Contract?

1. Parties: Identifies the three parties: Home Employer (Seconding Company), Host Employer (Host Company), and the Employee

2. Background: Sets out the context of the secondment arrangement and the relationship between the parties

3. Definitions and Interpretation: Defines key terms used throughout the agreement including 'Secondment Period', 'Services', 'Confidential Information'

4. Term and Duration: Specifies the commencement date and duration of the secondment

5. Scope of Secondment: Details the role, responsibilities, and services to be provided by the seconded employee

6. Employment Status: Confirms continued employment with Home Employer and relationship with Host Employer

7. Duties and Obligations: Outlines obligations of all parties during the secondment period

8. Remuneration and Benefits: Details salary, benefits, and which employer is responsible for each component

9. Working Hours and Leave: Specifies working hours, leave entitlements and approval process

10. Supervision and Performance Management: Defines reporting lines and performance review process

11. Confidentiality: Confidentiality obligations regarding both employers' information

12. Intellectual Property: Ownership of IP created during secondment

13. Termination: Circumstances and process for early termination of secondment

14. Return to Home Employer: Process and terms for returning to the home employer

15. Governing Law and Jurisdiction: Specifies UAE law as governing law and relevant courts

What sections are optional to include in a Secondment Contract?

1. Immigration and Work Permits: Required for international secondments - details visa and work permit arrangements

2. Non-Competition: Used when protecting business interests is crucial - must comply with UAE labor law restrictions

3. Housing and Relocation: Include when secondment includes relocation benefits

4. Training and Development: Used when secondment includes specific training or development objectives

5. Insurance and Medical Coverage: Required when special insurance arrangements are needed

6. Tax Considerations: Include for international secondments with tax implications

7. Data Protection: Required when handling personal data across different jurisdictions

8. Force Majeure: Optional clause for handling unforeseen circumstances

9. Disciplinary Procedures: Include when specific disciplinary arrangements between home and host employer needed

What schedules should be included in a Secondment Contract?

1. Schedule 1 - Position Description: Detailed description of the seconded employee's role and responsibilities

2. Schedule 2 - Remuneration and Benefits Package: Detailed breakdown of salary, benefits, allowances and responsible party for each

3. Schedule 3 - Applicable Policies and Procedures: List of relevant policies from both home and host employer that apply

4. Schedule 4 - Performance Metrics: Specific KPIs and performance evaluation criteria

5. Appendix A - Contact Details: Key contact persons at both employers for various matters

6. Appendix B - Required Qualifications and Certifications: List of mandatory qualifications or certifications for the role

7. Appendix C - Reporting and Communication Protocol: Details of reporting lines and communication procedures between all parties

Authors

Alex Denne

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

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Technology and IT

Construction and Engineering

Oil and Gas

Healthcare

Education

Professional Services

Manufacturing

Telecommunications

Hospitality

Real Estate

Retail

Maritime and Shipping

Aviation

Energy

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Information Technology

Risk Management

Business Development

Research and Development

Training and Development

Project Management Office

Strategy

Talent Management

Corporate Affairs

Employee Relations

Relevant Roles

Human Resources Director

Legal Counsel

Compliance Officer

Project Manager

Technical Specialist

Department Head

Senior Engineer

Financial Controller

Operations Manager

IT Systems Architect

Risk Manager

Business Development Manager

Research Scientist

Management Consultant

Training Specialist

Subject Matter Expert

Chief Technical Officer

Program Director

Strategy Consultant

Regional Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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