This resource was produced by a joint project team from Public Service departments, the Public Service Association and the State Services Commission. June 2004, Crown copyright.To get a copy of this Agreement for your own use, go to the RTF (rich text format) version, located in the Related Files section at the lower left of this page. This version can be opened, saved, and completed electronically. See also Guidelines for Structured Secondments , and Structured Secondments: Checklists .

How to complete the secondment agreement and First Schedule

Use the replace function in Microsoft Word to change:

[Home organisation]

[Host organisation]

[Name] of secondee.

Other replacements, with more detailed explanations, are:

[Position]

 

[Home manager]

Secondee's substantive manager

[Host manager]

 

[Job description/profile/set of objectives]

Of the secondment

[Title of host manager]

 

[List competencies]

Use the home organisation's competency framework

[List work objectives/benefits]

Benefits of the secondment as identified by the three parties

Other work objectives not included in the job description

Title of home position]

Secondee's substantive position

[Start date]

Of the secondment

[Completion date]

Of the secondment

[$ annual total remuneration]

Secondee's total salary or wages per annum

[Either annual total remuneration/12 months or other amount as agreed]

The amount that will be invoiced each month

[Other leave]

Other leave that has been agreed, e.g. study leave

[Start date] to [end date].

Start and finish dates of the home organisation's annual performance management round

Base Secondment Agreement

Between

[home organisation] ("the home"),

[host organisation] ("the host")

And [name] ("the secondee')

[Host organisation], [home organisation] and [name] agree to the following terms and conditions for the secondment of [name] to [host organisation].

1.0 Purpose of Secondment

1.1 [Name] will be seconded to [host organisation] to carry out the duties and responsibilities, and to develop the competencies set out in the First Schedule to this Agreement.

1.2 At the conclusion of the secondment [name] will return to his/her home position as [title of home position]. [Home manager] will debrief [name] and discuss ongoing support and direction for [name]'s career development.

2.0 Terms of Secondment

2.1 The secondment begins on [start date]. The secondment will end:

i. On [the completion date], although we may mutually agree to vary the term of the secondment and change the end date; or

ii. On expiry of the notice period required under [name]'s employment agreement in the event that [name] resigns from the [home organisation]; or

iii. On the giving of four weeks' written notice (or less if agreed by all parties) by any one of the parties to this Agreement to the others; or

iv. In the case of serious misconduct, upon such notice, if any, as [host organisation] considers appropriate.

2.2 [Name] remains an employee of [home organisation] throughout the secondment period subject to his/her employment agreement with [home organisation]. Any variation to [name]'s agreement of employment will be negotiated between [name] and the [home organisation], as required under the terms of his/her employment agreement. However, any variation to the employment agreement that is needed to provide for matters relating to the secondment will be agreed by all three parties to this Agreement.

3.0 Remuneration and cost recovery

3.1 [Name's] total remuneration per annum is [$ total annual remuneration]. This amount may change following a remuneration review. [Itemise the components of total remuneration, i.e. allowances, superannuation, etc].

3.2 The [home organisation] will remain responsible at all times for the payment of [name]'s salary or wages.

3.3 The [host organisation] will reimburse the [home organisation] for the total remuneration paid to [name] (including GST)1 during the secondment period, upon receipt of monthly invoices from the [home organisation].

3.4 The [host organisation] will pay to [home organisation] the amount invoiced by the 20th of the month following the date of the invoice.

4.0 Leave entitlements and notification

4.1 [Name] will continue to accrue annual leave on the terms and conditions set out in his/her employment agreement with [home organisation]. The [host organisation] manager will be responsible for managing any leave taken by [name] and for informing [home organisation] of any leave that [name] has taken.

4.2 Secondment, bereavement and any other leave arrangements will remain as set out in [name]'s employment agreement.

4.3 Leave will be reported on a monthly basis as convenient to the Human Resources staff in both organisations.

5.0 Performance Management

5.1 [Name] is entitled to performance and remuneration reviews as set out in his/her employment agreement. Performance planning and appraisal is a shared responsibility between [name]'s home manager and his/her host manager. The home manager will arrange with the host manager to receive feedback as part of the review. Any changes to remuneration as a result of the review will be included as agreed in Clause 3.0.

5.2 The input to this process will be based on the portion of time [name] spends in each organisation during the performance management reporting period ([start date] to [end date ]).

6.0 Misconduct

6.1 The [host organisation] will involve [home organisation] and establish an investigation/disciplinary process in the case of misconduct of [name ].

7.0 Training and Development

7.1 [Name] and his/her host manager will address any training needs for him/her in relation to the seconded position. [Host or Home organisation] agrees to pay for any training that [name] undertakes in relation to his/her seconded position.

8.0 Applying for positions

8.1 [Home organisation] recognises that [name] is entitled to apply for advertised positions in either organisation or externally during the period of the secondment.

8.2 If [name] chooses to apply for any positions in [host organisation] during the period of secondment then he/she would do so as a [home organisation] employee.

8.3 [Name] will inform both parties of his/her resignation in writing if he/she is a successful applicant for a position outside both organisations.

9.0 Codes of conduct, policies, procedures and practices

9.1 During the term of the secondment [name] will abide by the requirements set out in the Codes of Conduct, policies, procedures and practices of both the [home organisation] and the [host organisation]. If there are perceived differences in interpretation of the Codes and policies etc of the two organisations, they should be raised and discussed by all parties to the agreement.

9.2 Any actual or potential conflict of interest will be brought to the [host organisation]'s attention for discussion, which may also involve the [home organisation] if required.

10.0 Confidentiality

10.1 [Name] will not discuss or disclose any information, processes, materials, documents, costs, or secrets, related to any aspect of the business of the [home organisation] or the [host organisation] without the express agreement of the relevant organisation.

10.2 The only exception is where that discussion or disclosure of information is legitimately required as part of [name]'s performance, duties and responsibilities in relation to his/her work for both organisations.

11.0 Copyright and Intellectual Property

11.1 Unless otherwise agreed in writing, all work produced by [name] in the course of his/her secondment duties, and copyright in that work, shall belong to [host organisation] and will continue to do so after the termination of this secondment.

12.0 Dispute Resolution

12.1 In the event of a dispute, the parties will first try and resolve the dispute by negotiation. If negotiations fail, the parties will resolve the dispute by mediation.

13.0 Secondee' Responsibilities

13.1 [Name] will be responsible for:

  • completing all work objectives and learning development goals specified in First Schedule
  • taking appropriate steps to ensure [name]'s safety and to avoid harm to others, including bringing any health and safety issues in the work place to the [host organisation]'s attention
  • keeping in touch with [home organisation] on a regular basis
  • identifying changed expectations with [home manager] before returning to [home organisation].

14.0 [Host organisation's] Responsibilities

14.1 The [host organisation] will be responsible for:

  • the general induction of [name] into the organisation's business and providing [name] with the resources he/she needs to perform the tasks required
  • agreeing with [name] clear performance expectations and processes for performance feedback to [name] and [home manager] and for recording and assessing his/her development
  • providing regular briefings for [home organisation] on [name]'s performance and progress during the secondment
  • identifying learning opportunities to develop individual development goals
  • working with [home organisation] to provide a supportive environment for [name]
  • discussing any concerns or difficulties related to the secondment with [name] and the [home organisation] as soon as they arise, in the first instance with [name] and the home manager of [name]
  • providing and maintaining a safe working environment that meets the requirements of the Health and Safety in Employment Act 1992.

15.0 [Home Organisation]'s Responsibilities

15.1 The [home organisation] will be responsible for:

  • keeping [name] briefed on work-related activities and events occurring at the [home organisation] during his/her secondment (e.g. by extending invitations to meetings, providing information on internal policies, business planning process and social events etc)
  • maintaining contact with [host manager] and [name] by participating in review meetings
  • nominating a manager to liaise with [name] during the term of his/her secondment.

16.1 Review and Feedback Timetable

16.1 The secondment will be reviewed on [insert agreed review dates e.g. halfway point or every second month etc].

16.2 The [home manager] and [name] agree to meet on [insert timetable for feedback meetings] and at other times as requested by [name] or [host manager].

17.0 Signatories

17.1 I have read and understand the agreement and accept the terms and conditions as stated.

[Name]

Signature: ........................................... )

Date: ................................................. )

[Host manager]

Signature: ........................................... )

Date: ................................................. )

[Home manager]

Signature: ........................................... )

Date: ................................................. )

FIRST SCHEDULE: Duties and Development Plan

During the secondment [name] agrees to carry out the following duties and responsibilities:

[insert duties/role description/workplan, etc, the due dates, and milestones]

During the secondment [name] agrees to develop the following competencies:

[insert competencies using an agreed competency framework2. Include personal development goals and identify the expected outcomes from goals or competencies, and how they will be measured.]

During the secondment the [home or host organisation] agrees to cover costs associated with [name] attending the following training courses, seminars or conferences:

[insert course name, date, travel and accommodation reservations, etc]

Additional/alternative clauses for the base agreement

The following clauses may be included in the secondment agreement if one or other organisation so wishes, or if the nature of the secondment agreement requires inclusion of these clauses - e.g. travel and accommodation for out-of-town secondments, or a change to current working hours.

Any such clauses included in the secondment agreement must be consistent with the secondee's employment agreement with the home organisation.

Benefits

In addition to the competencies that will be developed by the secondment as listed in the First Schedule, include the following where the host and/or home organisation wish to identify the benefits of the secondment.

Example clause:

The benefits to [host/home organisation] of the secondment are:

Remuneration for a "stretch" secondment

In addition to remuneration clauses in the base agreement, include the following in those secondments where a host organisation is providing the secondee with a development opportunity that outweighs the benefits the host organisation is likely to gain from the secondment.

Example clause:

As the secondment is for the specific development of [name] the [home organisation] agrees to contribute [...%] of the total remuneration per annum (including Government Superannuation Fund contributions if applicable).

Higher duties allowance

Where the duties of the seconded position would, if carried out in the home organisation, require the payment of a higher duties allowance, the level of payment will be agreed by all parties and the allowance paid during the term of the secondment.

Special duties allowance

Where the duties of the seconded position would, if carried out in the home organisation, require the payment of a special duties allowance, the level of payment will be agreed by all parties and the allowance paid during the term of the secondment.

Salary relativity allowance

Where the duties of the seconded position would, if carried out in the home organisation, require the payment of a salary relativity allowance, the level of payment will be agreed by all parties and the allowance paid during the term of the secondment.

Salary maintenance allowance

Where the duties of the seconded position are at a lower salary or level, the home organisation will pay a top-up allowance to maintain salary. The level of payment will be agreed by all parties and the allowance paid during the term of the secondment

Travel, daily accommodation, allowances, etc.

Where the duties of the seconded position require travel, travel-related expenses shall be covered on a "no-loss/no gain" basis for the secondee, in a manner consistent with the secondee's employment agreement, and consistent with the host organisation's policy. Note that it is not possible to contract out of legal obligations and the employment agreement . These expenses may include travel costs, accommodation, food or a daily allowance, additional childcare, etc. The expenses should be paid by the host organisation.

Out of pocket expenses

Example clause:

The [host organization] will reimburse any actual and reasonable work-related out-of-pocket expenses (e.g. cell phone) incurred by [name] during the period of secondment.

Working hours

Example clauses:

[Name]'s hours of work will be [hours] on [days to be worked].

or

[Name]'s normal working hours are 40 hours per week. However, [name] may be reasonably required to work such hours as necessary to meet the [host organisation]'s needs or to suit personal circumstances, if mutually agreed.

or

[Name]'s hours of work each day will be negotiated with [name] by [host manager].

Security clearance requirements

Example clause:

The secondment is conditional on [name]'s obtaining and maintaining a [secret, top secret/confidential] security clearance.

Confidentiality

In addition to the clause on the base agreement "Codes of conduct, policies, procedures and practices", you may also wish to add the following confidentiality clause.

Example clause:

[Name] must not, without seeking written approval from [host manager], discuss or divulge any information of whatever nature, except where required to do so for the purposes of performing their duties, or

Replace clause with:

[Name] shall not at any time during the secondment period or after its termination discuss or disclose information, processes, material, or costs relating to any aspect of the business or other affairs of the [host organisation] to any person without the express agreement of the [host organisation], except in the proper performance of his / her duties or as required by law.

Contact with media

Example clause:

Before speaking to the media on a work-related matter, or in a manner purporting to represent, or which may be reasonably viewed as representing, either [home organisation] or [host employer], [name] must seek approval from [insert position].

Family relocation

If the duties of the secondment require the relocation of the family of the secondee, the associated costs will be negotiated on a case-by-case basis. Normally a cost/benefit analysis is required to be completed. Costs covered by the home or host organisation, or both, shall be on an "actual and reasonable" basis, and by agreement between the secondee and the contributing party or parties.

Restructuring provisions

As a result of a restructuring in the home organisation, the secondee's substantive position may be affected. You may wish to include a clause to cover this.

Example clause:

If during the secondment the substantial position of the secondee at their home organisation is disestablished or is under review, he/she will be covered by the change management provisions contained within the person's current employment agreement.

1 Audit New Zealand's advice is that by providing an employee (on secondment) the home organisation is providing its employee's service to another organisation. This is a taxable supply which is subject to GST.

2 The choice of competency frameworks is entirely open. Options include the Leadership Capability Profile, the Public Service common and unique competencies, or the competency framework used in the home or host organisation. This should align with the secondee's performance review.

Copyright: http://www.ssc.govt.nz/copyright

Start Reading

Last modified: