Secondment Agreement Practical Law

In most cases, the order involves the detachment of a particular person. However, if the second or host chooses the staff who will provide the services, the process should be done in the same way as a normal setting. 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. 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. The host will be concerned about confidentiality, particularly with regard to the information the Member can obtain during the secondment, the invitation of his staff and the risk that either the Member, or the second, may appear in the competition. Even if the MP does not become an employee of the host, he or she may be considered a “worker” of the host ( 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. Before the introduction of a secondment scheme, it is necessary to review the existing conditions of the Member`s employment contract, in particular to find that the second place can be given sufficient protection under the existing provisions of the Member`s employment contract.

However, it will likely emphasize the need for confidentiality during the secondment and could introduce new restrictive agreements to prevent the Member from competing with the Secondr or soliciting collaborators. 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. In general, second place continues to pay wages and related expenses (including income tax and social security contributions). If the detachment is a commercial agreement, the host usually reimburses these fees. However, it must be clear that if disclosure includes information that goes outside the European Economic Area, the latter must ensure that there is adequate protection and should possibly include specific provisions in the detachment agreement. There will be certain circumstances in which the succession will have to be completed with immediate effect. The agreement probably provides for certain events that lead, for example, to termination. B, the MP`s fault or a long-term illness. In most cases, the order involves the detachment of a particular person. However, if the second or host chooses the staff who provide the services, the process must be done in the same way as a normal setting.

The second is obligated to disclose to the host personal data about the person entitled to the secondment, and such disclosure will probably not require the explicit consent of the Member, as this is in the “legitimate interest” of the employer (paragraph 6, Appendix 2, DPA). Second place will be able to assert the usual rights at work against the second.