The Tripartite Agreement Employment document is essential in situations where an employee works within a complex organizational structure involving two companies in Belgium. This arrangement is commonly used in consulting assignments, strategic partnerships, joint ventures, or specialized project deployments where an employee's services are shared or provided to another company while maintaining their primary employment relationship. The agreement ensures clear delineation of responsibilities, compliance with Belgian employment law, and protection of all parties' interests. It addresses crucial elements such as workplace arrangements, chain of command, compensation structures, and liability allocation between the primary employer and host company. This document is particularly relevant in today's evolving business landscape where flexible working arrangements and inter-company collaborations are becoming increasingly common in Belgium.
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1. Parties: Identification of all three parties: typically the Primary Employer, Secondary Employer/Host Company, and the Employee
2. Background: Context of the tripartite arrangement and the business relationship between the companies
3. Definitions: Key terms used throughout the agreement, including specific Belgian employment law terminology
4. Term and Commencement: Duration of the agreement and start date of employment
5. Role and Duties: Employee's position, responsibilities, and reporting lines to both companies
6. Place of Work: Primary workplace location(s) and any mobility requirements
7. Working Hours: Standard working hours, flexibility arrangements, and overtime provisions
8. Remuneration and Benefits: Salary, benefits, and which party is responsible for providing each element
9. Holiday and Leave Entitlements: Vacation, public holidays, and other leave rights under Belgian law
10. Social Security and Tax: Arrangements for social security contributions and tax obligations
11. Company Policies: Applicability of each company's policies and procedures
12. Confidentiality: Obligations regarding confidential information of all parties
13. Data Protection: GDPR compliance and data sharing between parties
14. Intellectual Property: Ownership and protection of IP created during employment
15. Non-Competition and Non-Solicitation: Post-employment restrictions compliant with Belgian law
16. Termination: Circumstances and procedures for ending the agreement
17. Governing Law: Confirmation of Belgian law governance and jurisdiction
18. Signatures: Execution blocks for all three parties
1. International Travel: Include when role requires regular international travel, specifying arrangements and responsibilities
2. Training and Development: Include when specific training requirements or development programs are part of the arrangement
3. Performance Management: Include when specific performance review processes need to be defined between both companies
4. Cost Sharing: Include when there are specific arrangements for sharing employment costs between the companies
5. Secondment Provisions: Include when the arrangement involves formal secondment elements
6. Insurance Coverage: Include when special insurance arrangements are needed beyond standard coverage
7. Language Requirements: Include when specific language requirements are essential for the role
8. Project-Specific Terms: Include when employment is tied to specific projects or deliverables
1. Schedule 1 - Job Description: Detailed description of the role, responsibilities, and reporting lines
2. Schedule 2 - Remuneration Package: Detailed breakdown of salary, benefits, and other compensation elements
3. Schedule 3 - Company Specific Policies: Key policies from both companies that apply to the employee
4. Schedule 4 - Work Location Details: Specific information about work locations and any rotation requirements
5. Schedule 5 - Benefits Split: Detailed breakdown of which company provides which benefits
6. Appendix A - Data Processing Agreement: GDPR-compliant data sharing arrangements between parties
7. Appendix B - Confidentiality Requirements: Detailed confidentiality obligations for each party
8. Appendix C - Required Notifications: List of mandatory notifications and registrations under Belgian law
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