There will be certain circumstances in which the secondment must end with immediate effect. The agreement may specify certain events that lead to termination, such as the seconded person.B misconduct or a long-term illness. The employer and the host must determine who is responsible for the remuneration of the seconded person for the duration of the secondment. If the employer agrees to pay the seconded person, the employer and the host must negotiate the terms and manner in which the host pays for the services of the seconded. The parties must also determine who, if any, is responsible for the payment of the costs incurred by the seconded party during the provision of the services. Unless otherwise agreed, the contractual agreements between the employer and the seconded person on old-age provision and medical assistance remain unchanged. It is important to enter compensation and benefits agreements as accurately as possible to avoid disputes. There are certain essential conditions that the Employer and Host Act must take into account when concluding a secondment contract: Net Lawman offers two model posting contracts for commercial and non-commercial organisations. The host usually pays a posting fee to the person posted at regular intervals during the period. This fee can only be an amount that covers the cost of the display or, more likely, include a winning element.

In any case, the posting costs will be subject to VAT if the postman is registered for VAT. The posting agreement should provide for changes to the fee during the period of posting, in particular to take account of any increase in the salary of the seconded person. The idea behind a secondment agreement is that the detached person remains in the employ of the original employer during the assignment and ”returns” to the person willing to publish after the end of the assignment. Home > South Africa > Ten essential conditions of posting agreements The posting agreement should also regulate what happens if the posted person terminates his or her employment relationship during the posting. The most likely option is for the posting to end at the end of the posting notice period, but the seconded person will want the posting to end briefly if the seconded person leaves without notice. If the posting is made to another part of the same employer, there may be fewer legal problems. However, minor changes to the conditions of employment of the seconded person may be necessary. This may include their duties, the workplace or the manager for the duration of the secondment. When you agree to participate in a secondment, the terms of the posted person`s employment contract are inevitably changed. The posting agreement must therefore provide that the seconded person accepts the modification of the conditions of employment.

The employer must therefore ensure that the posted person accepts the agreement before concluding the posting agreement. The seconded person must be a party to the agreement or otherwise accept the terms and conditions that affect the seconded. Secondments may take place within an employer or a group of employers. In these cases, the agreement can be relatively informal. In the absence of an agreement to the contrary, ownership of the intellectual property created by an employee in the context and extent of his employment is transferred to the employer. Therefore, in cases where the posting involves the creation of new intellectual property, the host and the employer must indicate in the agreement who will be the owner of the intellectual property created by the delegate in order to avoid disputes at a later date. The employer and the seconded person must undertake to treat as confidential all information received by the seconded person from the host Member State during the period of posting. This obligation should continue to exist after the termination of the contract. The parties must also agree on the circumstances in which confidential information may be disclosed. In order to avoid service-related problems, it is advisable to determine the hours of work, the type of work and the person or team to whom the seconded will reimburse for the duration of the secondment. The seconded person must disclose the personal data of the publication to the host as part of the secondment and it is unlikely that this disclosure will require the explicit consent of the seconded person, as this is in the ”legitimate interest” of the employer (paragraph 6, Annex 2, DPA). However, if the seconded person wishes to disclose sensitive personal data, he or she will need the express consent of the seconded person.

As a rule, the seconded person continues to pay the salary of the seconded person and all associated costs (in particular income tax and social security contributions). If the secondment is a commercial agreement, the host will usually reimburse these fees. .