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. An international delegation involves the cross-border transfer of the MP to an international company. A formal agreement known as a “detachment agreement” between the employer, MP and host is required to resolve the relationship between the employer, the MP and the host. The secondment contract must take into account the laws of the contract and the host country. A worker`s right to contractual leave cannot be reduced without his or her consent. As a general rule, the parties agree that the purchaser is entitled to annual leave in accordance with the employment contract. However, the employer and host must plan how leave applications will be handled, for example, during the secondment to which applications must be submitted for approval. In order to avoid service problems, it is advisable to define the work schedules, the type of work and the person or team to which the Member will report for the duration of the secondment. The idea behind a secondment plan is that the member remains employed by the original employer during the secondment and “returns” to the detachment after the end of the detachment. The duration of the secondment should be the subject of prior agreement and, in particular, it should be fixed for the time being: Home > South Africa > Ten essential conditions of secondment contracts The Member can only be required to carry out all work that falls within the obligations of the employment contract. If the contract is well drafted, the obligation clause should be broad enough to cover all the work the host wishes to expect from the detachment holder.
If this is not the case, the second place wants to change the member`s contact in order to cover the corresponding tasks. A secondment is made when a worker (or group of workers) is temporarily assigned to work for another organization or part of his or her employer. Statements that the MEMBER will remain employed by the employer at all times during the secondment; that the duration of the MP`s uninterrupted employment is not interrupted; and the second will be back at the employer`s job at the end of the agreed period and should therefore be included in the secondment agreement. This article describes the working relationship between the principal employer and the secondment employer, as well as other important employment issues. If you are a worker applying for a secondment or an employer who is considering disfiguring someone from another organization, we hope this will be helpful in reading. It will also be important to inform the Member of the conditions under which he will work during the secondment. Of course, this is primarily a practical point – the second must be aware of what is expected of them during the secondment and how the agreement will work. The second is required to disclose to the host personal data about the person entitled to the detachment, and such disclosure is unlikely to require explicit consent from the Member of Parliament, as it is in the “legitimate interest” of the employer (paragraph 6, Appendix 2, DPA). However, if the second place wishes to disclose sensitive personal data, it must be expressly approved by the Member. If one agrees to participate in a secondment, the terms of the Member`s employment contract will inevitably be different. The secondment agreement must therefore provide that the Member accepts the change to the employment regime.