Despite the explicit conditions of the secondment agreement, it is still possible for the host to be considered the MP`s employer if the traditional employment status examinations are completed. In order to reduce the chances, the secondment agreement should also indicate that the employer retains overall control of the Member; The host only sets the minimum instructions and supervision necessary to enable the Member to perform his duties; and that the MP should not be included in the host activity. Performance management, while a worker is seconded, should not be overlooked, especially in the case of long-term secondment. The parties may include a mechanism to keep the employer informed of the MP`s performance. If the main areas of service are different during a secondment because of the services provided, the Member must be informed in advance. It is also important to include provisions indicating how and under what circumstances the parties can terminate the detachment by then. Conditions may be included for the detachment to be terminated by termination or payment instead of termination. The detachment agreement should also specify the circumstances under which the detachment may be terminated summarily. The agreement may contain provisions restricting the host that indicates the member during or for a specified period after the posting. In order to avoid service problems, it is advisable to define the work schedules, the type of work and the person or team to which the Member will report for the duration of the secondment. 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. 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. The secondment agreement should therefore stipulate that the employer retains responsibility for administrative tasks such as: payment of the Member`s salary, benefits and pension contributions; Reimbursement of the Second for duly incurred expenses; compensation for income tax and social security contributions; Authorizing and registering annual leave; and the provision of sickness benefits. 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. If one agrees to participate in a secondment, the terms of the Member`s employment contract will inevitably be different. The secondment agreement must therefore provide that the Member accepts the change to the employment regime.
Therefore, the employer must ensure that the agreement is approved by the Member before the secondment contract is concluded. The Member must be a contracting party to the agreement or, in another way, approve the conditions for the Member.