Secondment Agreement Legal Definition

This article describes the employment relationship between the primary employer and the survey employer, as well as other important employment issues. If you`re an employee considering applying for a secondment or an employer considering sending someone to another organization, we hope this is helpful reading. It is therefore certain that it is very important to analyze the sending agreement in order to understand who the original employer is, in order to determine whether the sender has control of the seconded worker. A posting occurs when a worker (or group of employees) is temporarily employed for another organization or part of their employer. After the expiry of the posting period, the seconded worker usually returns to his material post with the posted employer. This type of agreement is valuable for both staff and organizational development. As business organizations set up even flatter management structures, traditional career prospects are limited by a succession of management positions, especially due to the recession, when the labor market is relatively unturned. The second provides employees with career opportunities and is increasingly being used in talent management programs. They also offer organizations the opportunity to improve their skills base. The Host Party is concerned about confidentiality, in particular as regards the information that the posted worker may receive during the posting, the invitation of his staff and the risk that the posting or posting could create in competition.

Secondments may be made within an employer or a group of employers. In these cases, the agreement can be relatively informal. There are several concerns regarding the secondment of employees, such as the pay slip, the status of the employer-employee relationship, employee control and several related issues. In a posting agreement, the secondment, which is the original employer, pays the seconded worker a salary which is itself reimbursed by the host organisation. Although the secondment remains on the sender`s pay slip, the cost of this salary and other expenses is borne by the receiving unit. It therefore turns out that the host unit is the economic employer of the seconded undertaking. Even if the seconded worker works for the host company, he is still in a legal employment of the issuer and benefits from the social security benefits of this body (employer of origin). Regardless of the legal situation, the issuer and the host can agree by contract that bears all the costs related to the liability vis-à-vis the seconded (for example.

B for his health and safety) and for the acts of the seconded person during the secondment and who inserts appropriate compensation into the contract. It can be concluded that, although some divergent views remain; A look at the resolution agreement will largely resolve the ambiguity. The issuer must, in the context of the posting, transmit to the host person personal data concerning the posted recipient and it is unlikely that such disclosure will require specific consent from the posted worker, as this is in the employer`s „legitimate interest“ (paragraph 6, Annex 2, DPA). . . .