Secondment Agreement Issues

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. It is important to identify all compensation and benefit agreements as accurately as possible in order to avoid litigation. As a result, the Member remains employed by his employer for the duration of the secondment on his original terms of employment. This could, however, mean that some minor changes to the overall employment contract may be necessary to allow for secondment, which may, however, be relatively informal and should ideally be agreed in advance with the Member. The expectation of a secondment is that the MP`s employment with his employer will not be affected by the detachment, that their employment will continue and that they will return to their original role at the end of the posting. In this regard, clarity in communication is essential. Everything that was agreed at the beginning must be in the agreement. If there is no guarantee of a position for the employee at the end of the detachment, it is important that this be clear. If you are fair to your employee and this was clear in the agreement, you run little risk of an unfair termination request. 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. […] Your team, which you can no longer afford to keep, you may be able to save money by relocating them. Moving to another department with a better budget, or even another company, with the […] The agreement may contain provisions restricting the host that indicates the member during or for a specified period after the posting.