The Intercompany Assignment Agreement is essential for organizations with multiple entities operating in or from the Netherlands that need to temporarily assign employees between group companies. This document is commonly used when companies want to maintain the original employment relationship while allowing employees to work for another group entity, typically for project work, knowledge sharing, or operational requirements. It addresses crucial aspects under Dutch law including employment continuity, social security and tax implications, management structure, and cost allocation between entities. The agreement ensures compliance with Dutch employment legislation while providing clarity on roles, responsibilities, and practical arrangements for all parties involved. It's particularly important for international groups with Dutch entities and for Dutch companies with multiple subsidiaries or affiliated companies.
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1. Parties: Identification of the Home Company (employer) and Host Company, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between the companies, and general purpose of the assignment
3. Definitions: Key terms used throughout the agreement, including 'Assignment', 'Employee', 'Home Company', 'Host Company', 'Assignment Period'
4. Assignment Terms: Details of the assignment including duration, role, responsibilities, and location
5. Employment Status: Confirmation that employment remains with Home Company and conditions of original employment contract remain applicable
6. Duties and Obligations: Responsibilities of all parties including the Home Company, Host Company, and referenced Employee obligations
7. Costs and Charges: Financial arrangements between the companies, including assignment costs, reimbursements, and inter-company charging
8. Management and Supervision: Day-to-day management arrangements and reporting lines during the assignment
9. Confidentiality: Protection of confidential information of both companies
10. Data Protection: Arrangements for handling personal data in compliance with GDPR
11. Termination: Conditions and process for ending the assignment
12. Governing Law: Specification of Dutch law as governing law and jurisdiction
1. Immigration Requirements: Include when assignment involves international employees requiring work permits or visas
2. Intellectual Property: Include when assignment involves creation or handling of IP rights
3. Non-Competition: Include when additional non-compete provisions are needed beyond existing employment contract
4. Works Council: Include when Works Council advice or consent is required for the assignment
5. Tax Equalization: Include when special tax arrangements are needed between companies
6. Insurance: Include when specific insurance arrangements need to be made between companies
1. Assignment Details: Detailed description of role, responsibilities, and specific terms of the assignment
2. Financial Arrangements: Detailed breakdown of costs, charges, and payment arrangements between companies
3. Applicable Policies: List of Host Company policies that will apply during the assignment
4. Data Processing Agreement: Detailed arrangements for processing personal data between companies
5. Service Level Agreement: Performance metrics and service levels if applicable to the assignment
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