The Intercompany Employee Lease Agreement is utilized when companies within the same corporate group or separate entities need to share human resources efficiently while maintaining legal compliance. This document is particularly relevant in the United States where complex federal and state employment laws govern such arrangements. The agreement covers essential elements including employer of record status, tax obligations, benefits administration, workplace safety compliance, and risk allocation. It's designed to protect both companies' interests while ensuring compliance with labor laws, tax regulations, and employment standards. The agreement is commonly used for project-based assignments, specialized skill requirements, or resource optimization across affiliated companies.
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1. Parties: Identification of the lending company and receiving company
2. Background: Context of the agreement and purpose of the employee lease arrangement
3. Definitions: Key terms used throughout the agreement including 'Leased Employees', 'Services', 'Term'
4. Term and Termination: Duration of the agreement and conditions for termination
5. Scope of Services: Details of the employee leasing arrangement and services to be provided
6. Employment Status: Clarification of employment relationship and employer of record
7. Compensation and Benefits: Terms of payment, benefits administration, and cost allocation
8. Duties and Obligations: Responsibilities of both companies regarding the leased employees
9. Liability and Indemnification: Allocation of risks and responsibilities between parties
10. Governing Law: Applicable law and jurisdiction
1. Immigration Compliance: Required when dealing with international employees or visa holders
2. Intellectual Property Rights: Ownership and protection of IP created during the lease period
3. Non-Competition: Restrictions on competitive activities
4. Insurance Requirements: Specific insurance coverage requirements
5. Data Protection: Handling of personal and confidential information
1. Schedule A - Leased Employees: List of employees being leased, their roles and responsibilities
2. Schedule B - Compensation Structure: Detailed breakdown of compensation, benefits, and cost allocation
3. Schedule C - Service Level Agreement: Performance metrics and service standards
4. Schedule D - Insurance Requirements: Detailed insurance coverage requirements and certificates
5. Appendix 1 - Compliance Checklist: Regulatory compliance requirements and documentation
6. Appendix 2 - Required Forms: Standard forms and documentation required for the lease arrangement
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