If the posting is done in another part of the same employer, there may be fewer legal issues. However, minor changes to the MEMBER`s terms of employment may be necessary. This may include their duties, workplace or supervisor during the duration of the secondment. 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. It is important to note that an MP can only be invited to perform tasks for the host that fall within the tasks defined in his or her employment contract. If the tax clause is broad enough in the employment contract, there should be no problem; Otherwise, it will most likely be necessary to amend the employment contract before the detachment begins. Second place also wants protection from the host using the detachment station either directly at the end of the posting period or competing with second place on the basis of information received during the detachment. In the absence of a contrary agreement, a worker`s ownership is owned by the employer in the context and extent of his workjackets. In cases where the secondment involves the creation of a new intellectual property, the host and the employer must indicate in the agreement who will own the intellectual property created by the Member in order to avoid litigation at a later date.
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. Even if the MP does not become an employee of the host, he or she may be considered a “worker” of the host (www.practicallaw.com/6-200-3640). This concept is contained in different legislation and is defined as a person who works under an employment contract (employment or any other form) under which they undertake to perform personal work for another, who is not a client or client of a profession or business carried out by the person concerned. If the MP could be found as the host`s worker, there are a number of legal labour rights they would have against the host. The key points that should be addressed in the detachment agreement are: while a secondment can be managed relatively informally within the same employer or group, the best way to obtain the secondment of a worker to a third party organization, such as. B, for example, a client, is a formal detachment agreement 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. Ideally, the agreement will determine the duration of the detachment.
There are other circumstances in which the parties wish to provide for the termination of the contract. For example, the parties must check whether they must terminate the contract in the event of excessive inability to perform or if the underwriter is cancelled for an infringement, or if the taker proves unsuitable for work. Parties may also schedule termination on notice or by appointment. If the Member is a citizen or resident of the Republic of South Africa and is seconded to work in South Africa, there are no restrictions on the duration of a secondment agreement.