Secondments may be made within an employer or a group of employers. In these cases, the agreement can be relatively informal. 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. The term “posting” means when a worker or group of workers is temporarily employed for another “host organisation” or another part of their employer`s organisation. At the end of the posting period, the worker (the “posted worker”) returns to his original employer. 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. 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. However, working for the host may make the Second the host`s employee.
This type of agreement is similar to that of a temporary agency worker working for an end-user, so it is important to include conditions in a posting agreement in order to prevent this situation from occurring. 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. In the case of an external posting, the person generally remains an employee of the main employer for the duration of the posting. . . .
Comments are closed.