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Employee Lease Addendum Template for India

This document serves as an addendum to the primary employment agreement, specifically designed for employee leasing arrangements in India. It establishes the terms and conditions for temporary assignment of employees between organizations while ensuring compliance with Indian labor laws, including the Contract Labour (Regulation and Abolition) Act, 1970, and other relevant employment legislation. The document addresses crucial aspects such as reporting structures, compensation arrangements, statutory compliance responsibilities, and intellectual property rights, while maintaining the primary employment relationship with the original employer.

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What is a Employee Lease Addendum?

The Employee Lease Addendum is essential for organizations in India that engage in temporary employee assignments or staff sharing arrangements. This document supplements the primary employment agreement and is typically used when companies need to deploy their employees to work at client locations, share specialized resources between group companies, or implement flexible staffing solutions. The addendum ensures compliance with Indian labor laws, including the Contract Labour (Regulation and Abolition) Act, 1970, state-specific regulations, and other relevant employment legislation. It covers crucial aspects such as dual reporting relationships, compensation structures, benefits continuation, statutory compliance responsibilities, and intellectual property rights. The document is particularly important in protecting the interests of all parties while maintaining clear lines of responsibility and authority in complex employment arrangements.

What sections should be included in a Employee Lease Addendum?

1. Parties: Identifies the three parties: the original employer (lessor), the company receiving the employee's services (lessee), and the employee

2. Background: Explains the context of the employee leasing arrangement and references the primary employment agreement

3. Definitions: Defines key terms used in the addendum, including 'Lease Period', 'Services', 'Original Employment Agreement', etc.

4. Term and Deployment: Specifies the duration of the lease arrangement and the location/nature of deployment

5. Scope of Services: Details the specific services to be provided by the employee to the lessee

6. Reporting Structure: Clarifies the dual reporting relationships and authority matrix

7. Compensation and Benefits: Outlines how existing compensation and benefits will be handled during the lease period

8. Confidentiality and IP: Addresses confidentiality obligations and intellectual property rights specific to work done for lessee

9. Statutory Compliance: Specifies responsibilities for compliance with labor laws and statutory requirements

10. Termination: Details conditions and process for early termination of the lease arrangement

What sections are optional to include in a Employee Lease Addendum?

1. Inter-State Migration Provisions: Required when employee is deployed to a different state, addressing compliance with Inter-State Migrant Workmen Act

2. International Deployment Terms: Required for international deployments, addressing visa, work permits, and cross-border considerations

3. Training and Development: Optional section specifying responsibility for training and skill development during lease period

4. Performance Management: Optional section detailing how performance reviews will be conducted and coordinated between lessor and lessee

5. Equipment and Resources: Optional section specifying provision and maintenance of work tools and resources

6. Travel and Expenses: Optional section defining travel requirements and expense reimbursement procedures

What schedules should be included in a Employee Lease Addendum?

1. Schedule 1 - Services Description: Detailed description of services to be provided by the employee

2. Schedule 2 - Compensation Structure: Breakdown of salary components and benefits continuation during lease period

3. Schedule 3 - Key Performance Indicators: Specific performance metrics and expectations during the lease period

4. Appendix A - Statutory Compliance Checklist: List of applicable labor laws and compliance requirements with responsibility matrix

5. Appendix B - Contact Details: Key contact persons from both lessor and lessee organizations

6. Appendix C - Employee Handbook Amendments: Any modifications to standard policies during lease period

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

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use

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