A worker`s rights and an employer`s obligations to the worker have a significant legal impact. It is essential that the parties understand who is within the meaning of the law during the member`s period of secondment from the MP`s employers. 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 expectation of a secondment is that the MP`s employment with his employer will not be affected by the detachment, that their employment will continue and that they will return to their original role at the end of the posting. The host should ensure that the Member may be required to perform all the work he may require during the secondment and, therefore, endeavour to identify any changes to the necessary work during the period. While a secondment can be managed relatively informally within the same employer or group, the best way to obtain a staff member`s secondment from a third-party organization. B for example a client or client, can be obtained by a formal agreement of detachment between the two parties. The secondment agreement between the seconded worker`s employer (the MP) and the “host” – to which the Member is seconded – should contain some key words that will be discussed below. 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.
Regardless of the legal situation, the second and the host may contractually agree on the person who bears the costs of the debts to the Member (for example. B for their health and safety) and the deeds of the seconded customer, and to include in the agreement appropriate compensation.