If the posting is done in another part of the same employer, there may be fewer legal issues. However, minor changes to the MEMBER`s terms of employment may be necessary. This may include their duties, workplace or supervisor during the duration of the secondment. Our design masterclass series continues by looking at alternative work arrangements: postings, sabbaticals, temporary roles and zero-hours arrangements. This article explains the main factors in the development of a secondment agreement. It is important that the secondment agreement specify which party retains responsibility for managing and managing the MP`s employment during the secondment. There are two reasons for this: first, as noted above, the booking of as broad a management control as possible allows the employer to avoid concluding that the host does not employ the Member. Second, a clear division of responsibilities avoids unnecessary confusion between the parties. Since the MP remains employed by his employer throughout his or her work, it makes more sense for the employer to be responsible for these matters. Workers considering a posting abroad should follow these guidelines with respect to secondment agreements: even if the MEMBER does not become an employee of the host, he or she may be considered the “worker” of the host (www.practicallaw.com/6-200-3640).
This concept is contained in different legislation and is defined as a person who works under an employment contract (employment or any other form) under which they undertake to perform personal work for another, who is not a client or client of a profession or business carried out by the person concerned. If the MP could be found as the host`s worker, there are a number of legal labour rights they would have against the host. 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. Since the General Data Protection Regulations (GDPR) came into force on May 25, 2018, more thought is needed on how the MP`s personal data is transmitted between the employer and the host in order to facilitate the posting. It is likely that the employer and host will be responsible for processing the data for the purposes of the DMP. This article describes the working relationship between the principal employer and the secondment employer, as well as other important employment issues. If you are a worker applying for a secondment or an employer who is considering disfiguring someone from another organization, we hope this will be helpful in reading.
2021年4月12日 2:19 PM 未分類