In addition, it is questionable whether the provision of an MP to a host means that the employer is performing a “job activity” within the meaning of the employment agency and employment company behaviour regulations in 2003. In this context, a separate agreement between the employer and the Member will help the employer ensure that it has fulfilled its obligations under these regulations, in order to obtain the Member`s agreement and give him the required level of information. The easiest way to do this is to write the Member a letter of secondment explaining all the essential conditions agreed between the employer and the host and ask him to sign it and return it to let him know of his agreement. The idea behind a secondment plan is that the member remains employed by the original employer during the secondment and “returns” to the detachment after the end of the detachment. The duration of the secondment should be pre-agreed and, in particular, should be fixed if it is provided: the employer should also retain responsibility for managing the MP`s performance during the secondment, including the handling of jurisdictional and behavioural issues. This necessarily requires feedback from the host on the MEMBER`s good results – a specific clause may be included in the agreement to require the host to regularly provide the employer with reports on the MEMBER`s progress. There are a number of different terms used for the three parties to a detachment agreement. This section assumes that the secondment to another organization is carried out, that the original (or seconded) employer is called “employer” or “second,” that the worker may also be called “Second” and that the organization that is to have the services of the Member is called “host.” 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. 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.
Second place may 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. The detachment agreement must therefore include a description of the MP`s duties during the secondment. One option is to be able to attach a full description of the MP`s role to the detachment agreement. On the other hand, the parties may prefer that the description of the services be very general to give the host more flexibility. The employer and host must determine who is responsible for the MP`s compensation during the duration of the secondment. If the employer agrees to pay the MP, the employer and host must negotiate the terms and how the host pays the MP`s benefits. The parties must also take into account the responsibility for the payment of the costs incurred by the Member for the provision of services, if any. Contractual agreements between the employer and the Member with regard to old age and medical assistance are not affected unless there is an agreement to the contrary.