Apr 12, 2021 | Post by: schamane No Comments

Secondment Agreement Requirements

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. There are certain essential conditions that the employer and host must meet when entering into a secondment contract: 3. Indicate the conditions applicable during the secondment. In addition, it is questionable whether the provision of an MP to a host means that the employer is performing a „job activity“ within the meaning of the employment agency and employment company behaviour regulations in 2003. In this context, a separate agreement between the employer and the Member will help the employer ensure that it has fulfilled its obligations under these regulations, in order to obtain the Member`s agreement and give him the required level of information. The easiest way to do this is to write the Member a letter of secondment explaining all the essential conditions agreed between the employer and the host and ask him to sign it and return it to let him know of his agreement. The employer and host must determine who is responsible for the MP`s compensation during the duration of the secondment. If the employer agrees to pay the MP, the employer and host must negotiate the terms and how the host pays the MP`s benefits. The parties must also take into account the responsibility for the payment of the costs incurred by the Member for the provision of services, if any.

Contractual agreements between the employer and the Member with regard to old age and medical assistance are not affected unless there is an agreement to the contrary. It is important to identify all compensation and benefit agreements as accurately as possible in order to avoid litigation. The duration of the secondment should be agreed in advance and, in particular, should be fixed when it is to be: a secondment agreement provides that a worker is temporarily assigned to another part of his own organization, to another employer within the same group or, in some cases, to another employer (for example. B, a customer or a quid pro quo).

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