Second place also wants protection from the host using the detachment station either directly at the end of the posting period or competing with second place on the basis of information received during the detachment. 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. The agreement should also indicate how long it takes the Member to commit to the secondment obligations. Full-time agreements are the most common, but it is open to the employer to require the Member to reserve some time each week for his or her own work. 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. 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.
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. This agreement will enter into force from the effective date and will last until the expiry date, subject to early dismissal by: secondment agreements allow an employer to transfer a worker to another organization for a fixed period in order to establish good business relations; improving an employee`s specific skills or exchanging that employee`s specific expertise with the host company. If one agrees to participate in a secondment, the terms of the Member`s employment contract will inevitably be different.