Employee Leasing Agreement for Ireland

Employee Leasing Agreement Template for Ireland

A comprehensive legal agreement governed by Irish law that establishes the terms and conditions for the temporary leasing of employees from a professional employer organization (PEO) or staffing agency to a client company. The document ensures compliance with Irish employment legislation, including the Protection of Employees (Temporary Agency Work) Act 2012, while defining the rights, obligations, and responsibilities of all parties involved. It covers crucial aspects such as employment terms, payment arrangements, workplace safety, data protection, and dispute resolution procedures, providing a clear framework for managing the triangular employment relationship.

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What is a Employee Leasing Agreement?

The Employee Leasing Agreement is essential for businesses operating in Ireland that require flexible workforce solutions through temporary staffing arrangements. This document is specifically designed to comply with Irish employment law, including the Protection of Employees (Temporary Agency Work) Act 2012 and related legislation. It is commonly used when companies need to quickly scale their workforce, access specialized skills, or manage seasonal fluctuations without directly hiring employees. The agreement comprehensively addresses the triangular relationship between the leasing agency, client company, and leased employees, covering critical aspects such as employment terms, workplace rights, health and safety obligations, data protection, and payment arrangements. This document is particularly relevant in the current Irish business environment, where flexible staffing solutions are increasingly important for maintaining competitive advantage and operational efficiency.

What sections should be included in a Employee Leasing Agreement?

1. Parties: Identifies and defines the leasing company (Provider), client company (Client), and their respective legal details

2. Background: Sets out the context of the agreement, including the Provider's business of providing temporary workers and the Client's need for such workers

3. Definitions: Defines key terms used throughout the agreement, including 'Leased Employees', 'Services', 'Assignment', etc.

4. Scope of Services: Details the employee leasing services to be provided, including recruitment, placement, and management of leased employees

5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

6. Provider Obligations: Lists the responsibilities of the leasing company, including employment contracts, payroll, and statutory compliance

7. Client Obligations: Outlines the client company's responsibilities regarding leased employees, workplace safety, and supervision

8. Employee Status and Rights: Clarifies the employment relationship and ensures compliance with the Protection of Employees (Temporary Agency Work) Act 2012

9. Fees and Payment Terms: Details the fee structure, payment schedule, and any additional charges

10. Working Time and Leave: Addresses working hours, overtime, and leave entitlements in compliance with Irish law

11. Confidentiality: Protects confidential information of all parties involved

12. Data Protection: Ensures GDPR compliance and proper handling of employee personal data

13. Insurance and Liability: Specifies insurance requirements and allocation of liability between parties

14. Dispute Resolution: Outlines procedures for resolving disputes between parties

15. Governing Law: Confirms Irish law as governing law and jurisdiction

What sections are optional to include in a Employee Leasing Agreement?

1. Intellectual Property Rights: Required when leased employees may create or work with intellectual property

2. Non-Solicitation: Optional clause preventing direct hiring of leased employees by the client

3. Performance Standards: Include when specific performance metrics or standards need to be maintained

4. Training Requirements: Needed when specific training or certifications are required for leased employees

5. Equipment and Resources: Include when clarification is needed about who provides work equipment and resources

6. International Assignments: Required when leased employees may work across different jurisdictions

7. Force Majeure: Optional clause addressing unforeseeable circumstances preventing contract fulfillment

8. Severance and Redundancy: Include when addressing potential termination scenarios and associated costs

What schedules should be included in a Employee Leasing Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

2. Schedule 2 - Service Level Agreement: Specific metrics and standards for service delivery

3. Schedule 3 - Employee Categories and Roles: List of job categories, roles, and associated requirements

4. Schedule 4 - Required Qualifications: Specific qualifications and certifications required for different roles

5. Schedule 5 - Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR

6. Appendix A - Standard Terms and Conditions: General terms applying to all leasing arrangements

7. Appendix B - Health and Safety Requirements: Specific workplace safety requirements and procedures

8. Appendix C - Reporting Templates: Standard forms for performance reporting and time tracking

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

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Technology

Construction

Healthcare

Retail

Financial Services

Professional Services

Logistics and Transportation

Hospitality

Education

Information Technology

Telecommunications

Energy

Agricultural

Pharmaceutical

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Finance

Risk Management

Project Management

Talent Acquisition

Contract Administration

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Director

Compliance Officer

HR Manager

Talent Acquisition Manager

Contract Administrator

Finance Director

Risk Manager

Project Manager

Business Unit Director

Chief Operating Officer

General Counsel

Employment Law Specialist

HR Business Partner

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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