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. 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. Statements that the MEMBER will remain employed by the employer at all times during the secondment; that the duration of the MP`s uninterrupted employment is not interrupted; and the second will be back at the employer`s job at the end of the agreed period and should therefore be included in the secondment agreement. Should a seconded worker report sick leave to his or her original employer or host? Which employer should authorize annual leave and what about work coverage when the MP takes maternity or other family leave during the secondment? Home employers and host employers should agree in advance on how they will deal with different types of absences and let the MEMBER know of their obligations in this regard. If you first turn to your business, you can suggest that they work with you to find an appropriate detachment that will benefit both parties. In most cases, the order involves the detachment of a particular person. However, if the second or host chooses the staff who will provide the services, the process should be done in the same way as a normal setting. As a result, the Member remains employed by his employer for the duration of the secondment on his original terms of employment. This could, however, mean that some minor changes to the overall employment contract may be necessary to allow for secondment, which may, however, be relatively informal and should ideally be agreed in advance with the Member. However, complications can occur, especially when the worker is seconded to a completely different employer. A detachment boils down to a three-way agreement between the worker, his or her original employer and the host employer, so there may be problems related to the management of work, the protection of commercial interests and the decision of the employer who will retain overall control of the worker. There are a number of steps employers can take to protect themselves, whether they are the worker`s original employer or the host employer.
If the posting is done with a separate corporation, for example. B another member of the employer group, the employer and the host may wish for a formal agreement. The idea behind a secondment is that the original employer or former employer “lends” the MP to the host, but remains his employer. In this way, the worker`s continuous service is maintained, the original employer retains control of the employment relationship and the buyer remains bound to the obligations and obligations of general law, such as the obligation of loyalty, to the original employer. However, in rare cases, the employment relationship is considered to be transferred to the host, perhaps because the original employer has ceded control of the Member. In order to avoid ambiguities and litigation, employers should include in the secondment agreement a clause stating that the Member remains employed by the original employer. Practical agreements should also reflect this current regime. The employer should continue to be responsible for managing the MP`s delivery during the secondment, including dealing with jurisdictional and behavioural issues. This necessarily requires feedback from the host on the MEMBER`s good results – a special clause may be included in the agreement to require the host to regularly provide the employer with reports on the MP`s progress