If it is possible to report it, it is necessary to determine the duration of the termination and whether the Member has the opportunity to inform the secondment or only his employment with the person concerned. 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. An MP 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 as part of a secondment. Employers should therefore ensure that secondment agreements contain clauses protecting their interests. Be patient and don`t expect to know everything right away. A delegation is no different from creating a new job, even if “relocation” is often as close as the nearest space. If you are the one who wants the secondment and your company is not aware, it is advisable to discuss it first with them before you go to the department or company to which you want to be seconded. If the detachment is external, the relationship between the employer and the worker is more complex, because a third party is involved.
It is therefore important to ensure that the terms are clarified in writing before an external detachment begins. As a result, the Member remains employed by his employer for the duration of the secondment on his original terms of employment. This could, however, mean that some minor changes to the overall employment contract may be necessary to allow for secondment, which may, however, be relatively informal and should ideally be agreed in advance with the Member. A secondment can be a fantastic way to explore new careers, gain experience while engaging them to develop new skills, build self-confidence and become a more valued team member. There will be certain circumstances in which the detachment with immediate effect will have to be terminated. The agreement probably provides for certain events that lead to termination, for example. B, the MP`s fault or a long-term illness. Detachments can be made within an employer or group of employers. In these cases, the agreement may be relatively informal. 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. Our international business lawyers are competent in the development and negotiation of international secondment agreements.
We have expertise in auditing and developing choice clauses, confidentiality clauses, non-competition agreements and other provisions that are normally included and/or mentioned in secondment agreements.