International Assignment Agreement Template for Ireland

An International Assignment Agreement is a specialized employment document that governs the terms and conditions when employees are temporarily transferred to work in a different country while maintaining their employment relationship with their Irish employer. This agreement serves as a crucial legal framework that protects both parties and ensures compliance with complex international employment regulations.

When do you need this document?

You need this agreement when your Irish company is sending employees to work temporarily in overseas locations, whether in subsidiary offices, client sites, or partner organizations. It's essential when establishing new international operations, managing project-based assignments, or facilitating knowledge transfer between global offices. The document is particularly important when the assignment involves different employment laws, tax jurisdictions, or when employees will be working for extended periods exceeding standard business travel. You'll also need this agreement when hosting foreign employees in Ireland to ensure compliance with Irish employment law and EU Posted Workers Directive requirements.

Key legal considerations

The agreement must clearly define the relationship between the home country employer, host country entity, and the employee to avoid confusion about legal obligations. Critical considerations include maintaining compliance with Irish employment protection while addressing host country legal requirements, particularly regarding working time, health and safety, and minimum wage provisions. The document should specify how Irish statutory benefits will be maintained alongside any additional host country benefits, and address potential double taxation issues through appropriate tax equalization clauses. Social security coordination between Ireland and the host country must be carefully managed, especially for EU assignments where social security coordination regulations apply. The agreement should also address termination procedures, repatriation obligations, and dispute resolution mechanisms that account for multiple jurisdictions.

Legal requirements in Ireland

Under Irish law, the Agreement must comply with the Terms of Employment (Information) Acts 1994-2014, which require written statements of employment terms and conditions to be provided to employees. The Employment Equality Acts 1998-2015 protections must be maintained throughout the assignment, ensuring continued protection against discrimination on nine specified grounds. For EU assignments, compliance with the Posted Workers Directive (96/71/EC) and Irish implementing legislation is mandatory, ensuring minimum terms and conditions are met in the host country. The Organisation of Working Time Act 1997 requirements regarding working hours, rest periods, and annual leave must be addressed, particularly when host country standards differ from Irish requirements. If the assignment involves non-EEA nationals, compliance with the Employment Permits Acts 2003-2014 may be required for both inbound and outbound assignments. The Safety, Health and Welfare at Work Act 2005 obligations must be clearly allocated between home and host country employers to ensure continuous workplace safety coverage.