Secondment Agreement Clause
declarations that the posted worker remains employed by the employer at all times during the posting; That the duration of the continuous employment of the seconded worker is not interrupted; and the posting returns to the employer`s place of work at the end of the agreed period and should therefore be included in the posting agreement. The employer should also retain responsibility for managing the performance of the seconded undertaking during the secondment, including the handling of capacity and behavioural problems. This necessarily requires feedback from the host on how well the Second is working for him – a certain period of time may be included in the agreement to require the host to regularly provide the employer with reports on the second`s progress. While a secondment within the same employer or group can be managed relatively informally, for example, the secondment of an employee to a third-party organization. B a client or client, is best obtained by a formal secondment agreement between the two parties. The posting agreement between the posted worker`s employer (the MP) and the « host », to whom the posted worker is posted, should contain some key concepts that will be discussed below. It is also important to include provisions indicating how and under what circumstances the parties may terminate the posting in the meantime. Conditions may be introduced so that the posting can be terminated without notice or against payment instead of termination. The decantation agreement should also specify the circumstances in which the delegation may be summarily terminated. It will also be important to inform the Member of the conditions under which he will be working during the secondment. Of course, this is first of all a practical point – the Second must be aware of what is expected of him during the sending and how the arrangement works. If the Second uses the host`s equipment and information during deployment, it is a good idea to include in the secondment agreement a clause requiring the return of host ownership and the permanent deletion of host data from all personal devices used during the second.
However, working for the host may make the Second the host`s employee. This type of agreement is similar to that of a temporary agency worker working for an end-user, so it is important to include conditions in a posting agreement in order to prevent this situation from occurring. Despite the explicit conditions of the posting agreement, it is nevertheless possible that the host will be considered as the employer of the posted worker if the traditional employment status tests are met. In order to reduce the chances of doing so, the discharge agreement should also stipulate that the employer retains overall control of the posted worker; that the Host Party gives only the minimum order and follow-up necessary for the Member to carry out his or her duties; and that the envoy is not integrated into the host company. The agreement should also indicate how much time the posted consignee is to devote to posting obligations. Full-time plans are the most common, but the employer has the option of requiring the MEMBER to set aside some time each week for his or her own work. Other important clauses normally included in a posting agreement are as follows: In addition, it is doubtful whether making a host available for a second means that the employer is engaged in an « employment activity » within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. . .