Uncommon Fruit

Observations from Carandale Farm

What Is A Secondment Agreement

December 20, 2020 by Cris

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. Workers may agree on new conditions to reflect the detachment agreement that should be written down. Employers and original employers must also agree, as part of a distribution agreement, on the practical terms of payment and benefits and how costs are covered and reimbursed. As a general rule, the worker`s original employer will pay for it and the host will pay it back. The host will be concerned about confidentiality, particularly with regard to the information the Member can obtain during the secondment, the invitation of his staff and the risk that either the Member, or the second, may appear in the competition. The idea behind a secondment is that the original employer or former employer “lends” the MP to the host, but remains his employer. In this way, the worker`s continuous service is maintained, the original employer retains control of the employment relationship and the buyer remains bound to the obligations and obligations of general law, such as the obligation of loyalty, to the original employer. However, in rare cases, the employment relationship is considered to be transferred to the host, perhaps because the original employer has ceded control of the Member. In order to avoid ambiguities and litigation, employers should include in the secondment agreement a clause stating that the Member remains employed by the original employer. Practical agreements should also reflect this current regime.

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