Tripartite Agreement Employment Template for Ireland

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Key Requirements PROMPT example:

Tripartite Agreement Employment

"I need a Tripartite Agreement Employment for a senior software developer who will be employed by our IT staffing agency but working full-time at our client's Dublin office starting March 1, 2025, with specific provisions for intellectual property rights and remote working arrangements."

Document background
The Tripartite Agreement Employment is designed for use in situations where an employment relationship involves three distinct parties under Irish law. This arrangement is commonly used in professional staffing, consulting, or shared service scenarios where an employee works for or provides services to a host company while being employed by a primary employer. The document comprehensively addresses the complex relationships between all parties, including detailed provisions for work arrangements, compensation, benefits, reporting structures, and compliance with Irish employment legislation. It is particularly relevant for situations involving staffing agencies, professional services firms, or companies engaging in shared employment arrangements. The agreement ensures clear delineation of responsibilities, protects the interests of all parties, and maintains compliance with Irish employment law requirements, including the Protection of Employees (Temporary Agency Work) Act 2012 and related legislation.
Suggested Sections

1. Parties: Identifies and defines the three parties to the agreement - typically the Employee, Primary Employer, and Third Party (e.g., Host Company or Client)

2. Background: Explains the context of the tripartite arrangement and the business purpose for the three-way relationship

3. Definitions: Defines key terms used throughout the agreement, including specific terminology related to the tripartite arrangement

4. Term and Engagement: Specifies the duration of the agreement and the nature of the engagement, including start date and any trial periods

5. Duties and Responsibilities: Details the employee's duties and how they relate to each party, including reporting lines and day-to-day management structure

6. Location and Hours: Specifies work location(s) and working hours, including which party determines these

7. Remuneration and Benefits: Details salary, benefits, and which party is responsible for providing/administering each element

8. Expenses: Outlines expense policies and which party is responsible for different types of expenses

9. Leave Entitlements: Specifies various types of leave and how they are administered between the parties

10. Confidentiality: Details confidentiality obligations in relation to all three parties

11. Intellectual Property: Addresses ownership and protection of IP created during the engagement

12. Data Protection: Covers how personal data will be handled between the three parties in compliance with GDPR

13. Health and Safety: Outlines health and safety responsibilities of each party

14. Termination: Details circumstances and procedures for termination by any party

15. Post-Termination Obligations: Specifies restrictions and obligations after the agreement ends

16. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and variation

Optional Sections

1. Mobility Clause: Required if the employee may need to work at different locations or be transferred between parties

2. Commission Structure: Needed if the role includes commission-based compensation

3. Training Requirements: Include if specific training obligations exist between the parties

4. Performance Management: Required if performance review responsibilities are shared between parties

5. Client Interaction Guidelines: Include if the role involves direct client contact

6. Equipment and Resources: Needed if there are specific arrangements about who provides work tools and resources

7. Secondment Terms: Required if the arrangement involves formal secondment

8. International Travel: Include if the role requires international travel and related arrangements

9. Bonus Arrangements: Needed if bonus schemes apply and involve multiple parties

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of the role and responsibilities towards each party

2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary, benefits, and payment arrangements

3. Schedule 3 - Company Policies: Relevant policies from each party that apply to the employee

4. Schedule 4 - Service Level Agreement: Details of service levels and expectations between all parties

5. Schedule 5 - Data Processing Agreement: Specific arrangements for handling personal data between parties

6. Appendix A - Reporting Structure: Diagram or description of reporting lines between parties

7. Appendix B - KPIs and Performance Metrics: Detailed performance expectations and measurement criteria

8. Appendix C - Benefits Summary: Detailed breakdown of benefits provided by each party

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Professional Services

Financial Services

Healthcare

Construction

Manufacturing

Consulting

Education

Research and Development

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Project Management Office

Research and Development

Information Technology

Professional Services

Procurement

Risk Management

Relevant Roles

Consultant

Software Developer

Project Manager

Business Analyst

Research Scientist

Technical Specialist

Healthcare Professional

Financial Analyst

Engineering Contractor

Professional Services Consultant

Interim Manager

Technical Advisor

Subject Matter Expert

Program Director

Strategic Consultant

Industries
Employment Act 2014: Provides the primary framework for employment relationships in Ireland, including terms of employment, notice periods, and employment records requirements
Protection of Employees (Fixed-Term Work) Act 2003: Relevant for tripartite agreements as it regulates fixed-term contracts and ensures equal treatment between fixed-term and permanent employees
Organisation of Working Time Act 1997: Regulates working hours, rest periods, and annual leave entitlements that must be reflected in the agreement
National Minimum Wage Act 2000: Sets out minimum pay requirements and related provisions that must be considered in remuneration terms
Employment Equality Acts 1998-2015: Ensures non-discrimination and equal treatment in employment arrangements, including multi-party employment relationships
Safety, Health and Welfare at Work Act 2005: Establishes obligations regarding workplace safety and health, particularly important when multiple parties are involved in employment relationships
Protection of Employees (Temporary Agency Work) Act 2012: Specifically relevant for tripartite arrangements involving agency workers, ensuring equal treatment and establishing responsibilities of all parties
Terms of Employment (Information) Acts 1994-2014: Mandates the information that must be provided to employees in writing regarding their terms of employment
Data Protection Act 2018: Governs the handling of personal data in employment relationships, particularly relevant when multiple parties are processing employee information
Industrial Relations Acts 1946-2015: Provides framework for dispute resolution and industrial relations matters that might arise in complex employment arrangements
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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