Net Lawman offers two secondment contract models for commercial and non-commercial organizations. 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. The host should ensure that the Member may be required to perform all the work he may require during the secondment and, therefore, endeavour to identify any changes to the necessary work during the period. 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. 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. Prior to the introduction of a secondment agreement, it is necessary to review the existing conditions of the Member`s employment contract, including the finding that a secondment is made when a worker (or group of workers) is allowed to work temporarily for another organization or part of his or her employer. Detachments can be made within an employer or group of employers. In these cases, the agreement may be relatively informal.
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. 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. Second place will be able to assert the usual rights at work against the second. If they have also become collaborators of the host during the posting period, they may, at the end of the detachment, assert related rights (even if they return to the workplace for the detachment position). However, they need an appropriate permanent job at the host. 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 second place can be provided with sufficient protection because of 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.
Typically, the host pays a secondment fee to second place at regular intervals during the period. This tax can only be an amount covering the MP`s expenses or, more likely, an element of profit.