Tripartite Agreement Employment Template for Netherlands

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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.

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Professional Services

Information Technology

Manufacturing

Financial Services

Healthcare

Construction

Education

Consulting

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

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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