The secondment agreement should therefore stipulate that the employer retains responsibility for administrative tasks such as: payment of the Member`s salary, benefits and pension contributions; Reimbursement of the Second for duly incurred expenses; compensation for income tax and social security contributions; Authorizing and registering annual leave; and the provision of sickness benefits. Rarer is the role of secondment to a separate company, through an external detachment. Even then, there is usually some kind of connection between the two companies, such as a business partnership. It will also be important to inform the Member of the conditions under which he will work during the secondment. Of course, this is primarily a practical point – the second must be aware of what is expected of them during the secondment and how the agreement will work. Following a review of the person`s current contract, a specific secondment agreement should be developed. The new agreement should clarify legal rights. It should be clear who is responsible for the seconded person. Net Lawman offers two secondment contract models for commercial and non-commercial organizations. Performance management, while a worker is seconded, should not be overlooked, especially in the case of long-term secondment.
The parties may include a mechanism to keep the employer informed of the MP`s performance. If the main areas of service are different during a secondment because of the services provided, the Member must be informed in advance. It is important to ensure that your secondment agreement stipulates that your legal duration of continuous employment remains intact, even if you work for another company. Many detachments are initiated by the collaborator. Here are some reasons why you can opt for a posting: If the posting is done to a separate corporation, for example. B another member of the employer group, the employer and the host may wish for a formal agreement. If the detachment is external, the relationship between the employer and the worker is more complex, because a third party is involved. It is therefore important to ensure that the terms are clarified in writing before an external detachment begins. If the posting is done in another part of the same employer, there may be fewer legal issues. However, minor changes to the MEMBER`s terms of employment may be necessary. This may include their duties, workplace or supervisor during the duration of the secondment.
If you are the one who wants the secondment and your company is not aware, it is advisable to discuss it first with them before you go to the department or company to which you want to be seconded. It is also important to include provisions indicating how and under what circumstances the parties can terminate the detachment by then. Conditions may be included for the detachment to be terminated by termination or payment instead of termination. The detachment agreement should also specify the circumstances under which the detachment may be terminated summarily. However, the MP may become the host`s collaborator because of the work done for the host. This type of plan is similar to that of an interim worker working for a final consumer, so it is important to include terms in a secondment agreement to prevent this from happening. There are a number of different terms used for the three parties to a detachment agreement. This section assumes that the secondment to another organization is carried out, that the original (or seconded) employer is called “employer” or “second,” that the worker may also be called “Second” and that the organization that is to have the services of the Member is called “host.”