Other important clauses that are normally contained in a sending agreement are the following: a Second probably has access to the confidential information of the host and the original employer, and both employers may have doubts about disclosure to the other party. Hosts will want to retain the intellectual property rights developed during a secondment. Employers should therefore ensure that posting agreements contain clauses protecting their interests. 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. There will be certain circumstances in which the posting will have to be terminated with immediate effect. The agreement probably provides for certain events that lead to termination, for example.B misconduct of the detached or long-term illness. If you agree to participate in a secondment, the terms of the posted employment contract will inevitably be modified. The settlement agreement must therefore provide that the posted worker agrees to change the terms and conditions of employment. The employer must therefore ensure that the posted worker accepts the agreement before the posting contract is concluded.
The posted consignee must be a party to the agreement or otherwise accept the conditions relating to the posted consignee. A worker`s contractual right to leave cannot be reduced without his consent. As a general rule, the parties agree that the seconded party is entitled to annual leave under the employment contract. However, the employer and host must make arrangements for how leave requests are to be handled during the secondment, for example. B to whom requests for leave must be submitted for approval. 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 sending agreement should also specify what happens when the posted worker terminates his or her employment relationship during the posting. The most likely option is that the posting will cease at the end of the secondment period`s notice period, but the detachment wants the posting to end quickly if the posting leaves without notice. The sending agreement must therefore contain a description of the Member`s duties during the secondment.
One possibility is to attach to the posting agreement a full description of the role of the seconded. On the other hand, the parties may prefer that the description of the services be very general in order to give more flexibility to the host. While a secondment within the same employer or group can be managed relatively informally, such as seconding an employee to a third-party organization. B a client or a client, is best obtained by a formal posting agreement between the two parties. . . .