The posting agreement should set a fixed duration for the posting, usually discussed in advance between the employer and the host. In the usual history, the posting contract automatically expires on the indicated end date. The sending agreement must therefore contain a description of the Member`s duties during the secondment. One possibility is to attach to the posting agreement a full description of the role of the seconded. On the other hand, the parties may prefer that the description of the services be very general in order to give more flexibility to the host. It is also important to include provisions indicating how and under what circumstances the parties may terminate the posting in the meantime. Conditions may be introduced so that the posting can be terminated without notice or against payment instead of termination. The decantation agreement should also specify the circumstances in which the delegation may be summarily terminated. While a secondment within the same employer or group can be managed relatively informally, for example, the secondment of an employee to a third-party organization.
B a client or client, is best obtained by a formal secondment agreement between the two parties. The posting agreement between the posted worker`s employer (the MP) and the “host”, to whom the posted worker is posted, should contain some key concepts that will be discussed below. The employer should also retain responsibility for managing the performance of the seconded undertaking during the secondment, including the handling of capacity and behavioural problems. This necessarily requires feedback from the host on how well the Second is working for him – a certain period of time may be included in the agreement to require the host to regularly provide the employer with reports on the second`s progress. The sending agreement should therefore stipulate that the employer retains responsibility for administrative tasks, such as. B: payment of the salary, benefits and pension contributions of the seconded worker; reimbursement to the Member of the Member of reasonable expenses incurred; taking into account income tax and social security contributions; the authorization and accounting of annual leave; and the provision of sickness benefits. In the event of secondment, it is expected that the Member`s employment with his or her employer will not be affected by the secondment, that his or her employment will continue and that he or she will return to his or her original role at the end of the secondment. It is good practice for the employer and the host of the sending agreement to briefly explain the personal data processed by each posted worker during the posting, the reasons and the legal bases on which the reasons are based. It should also be remembered that consent to an employment relationship is generally not considered “voluntary”, so appeal to another ground (e.g. B the performance of a contract or a legitimate commercial interest) is preferable. Since the entry into force of the General Data Protection Regulation (GDPR) on 25 May 2018, more thought needs to be given to how the personal data of the seconded party is exchanged between the employer and the host in order to facilitate the posting.
It is likely that the employer and host will be responsible for the data for GDPR purposes. It is important to note that a seconded worker can only be invited to perform tasks for the host that fall within the obligations set out in his or her employment contract. If the obligation clause of the employment contract is sufficiently broad, there should be no problem; Otherwise, it will most likely be necessary to vary the employment contract before the start of the secondment. It is important that the sending agreement specifies which party retains responsibility for the management and management of the posted worker`s employment during the posting. There are two reasons for this: first, as mentioned above, reserving as much management control as possible helps the employer avoid concluding that the host is using the Second. . . .