Secondment Agreement Between Companies Uk

If the posting is made to a separate legal person, for example. B to another member of the employer group, the employer and host may wish for a formal agreement. As a general rule, the Seconder continues to pay the salaries of the Second and all related costs (including income tax and social security contributions). When the detachment is a business agreement, the host usually reimburses these fees. However, it should be clear that, in most cases, the agreement involves the secondment of a particular person. However, if the second or host chooses the employee to provide the services, the process must be performed in the same way as for normal recruitment. In the context of the posting, the issuer must communicate to the host person personal data concerning the posted recipient and it is unlikely that such disclosure will require specific consent from the posted worker, as this is in the employer`s "legitimate interest" (paragraph 6, Annex 2, DPA). However, if the Seconder wishes to disclose sensitive personal data, he needs the explicit consent of the second. The issuer may be sufficiently protected under the existing provisions of the posted employment contract. However, it is likely that it would like to stress the need for confidentiality during the secondment and that it might wish to introduce new restrictive agreements in order to avoid the posting being in competition with the seconded or requiring staff from the secondment. The host party should ensure that the detachment can be compelled to perform any work it may require during the secondment and should therefore endeavour to identify possible changes to the work required during the period. There are a number of different concepts that are used for all three parties to a posting agreement.

This article assumes that the posting is carried out in another organisation, that the employer of origin (or origin) is designated as "employer" or "posted", that the worker may also be called "Secondary" and that the organisation which is to benefit from the services of the Second party is called "host". The sending agreement should also specify what happens when the posted worker terminates his or her employment relationship during the posting. The most likely option is that the posting will cease at the end of the secondment period`s notice period, but the detachment wants the posting to end quickly if the posting leaves without notice. The idea behind a posting agreement is that the posted worker remains employed by the original employer during the posting and "returns" to the posting after the end of the posting. Where termination is possible, it is necessary to determine the duration of the notice period and to determine whether the seconded party has the possibility to declare the termination of the posting or simply his employment with the client. La Secondee can assert the usual employment rights against the Seconder. If it is found that they have also become the host`s worker during the posting period, they may, at the end of the posting, assert their rights (even if they return to work for the posting). However, they require a reasonable amount of time for continuous use at the host. Secondments may be made within an employer or a group of employers. In these cases, the agreement can be relatively informal. Regardless of the legal situation, the issuer and the host can agree by contract that bears all the costs related to the liability vis-à-vis the seconded (for example.

B for his health and safety) and for the acts of the seconded worker during the secondment and who will include in the contract appropriate compensation. . . .

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