Employees considering deploying abroad should follow these guidelines with respect to secondment agreements: the essential points that should be addressed in the detachment agreement are: If the MEMBER uses the host`s equipment and information during the detachment, it is useful to include a clause in the detachment agreement, the return of the host`s property and the permanent removal of the host`s data from all devices. used during the detachment. While a secondment can be managed relatively informally within the same employer or group, the best way to obtain a staff member`s secondment from a third-party organization. B for example a client or client, can be obtained by a formal agreement of detachment between the two parties. The secondment agreement between the seconded worker`s employer (the MP) and the “host” – to which the Member is seconded – should contain some key words that will be discussed below. The second is not integrated into the host organization (for example.B. must be clear on each staff list that he is an MP). This may result in particular difficulties, as the Member may hold leadership or supervisory positions and participate in team briefings or social events. 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 detachment agreement must therefore include a description of the MP`s duties during the secondment. One option is to be able to attach a full description of the MP`s role to the detachment agreement. On the other hand, the parties may prefer that the description of the services be very general to give the host more flexibility. However, the MP may become the host`s collaborator because of the work done for the host. This type of plan is similar to that of an interim worker working for a final consumer, so it is important to include terms in a secondment agreement to prevent this from happening. Typically, the host pays a secondment fee to second place at regular intervals during the period. This tax can only be an amount covering the MP`s expenses or, more likely, an element of profit. One way or another, the second-hand tax will collect VAT if the second place is registered for VAT.
The secondment agreement should include changes to the levy during the posting period, including possible increases in the Member`s salary. The employer should continue to be responsible for managing the MP`s delivery during the secondment, including dealing with jurisdictional and behavioural issues. This necessarily requires feedback from the host on the MEMBER`s good results – a specific clause may be included in the agreement to require the host to regularly provide the employer with reports on the MEMBER`s progress. There will be certain circumstances in which the detachment with immediate effect will have to be terminated. The agreement probably provides for certain events that lead to termination, for example. B, the MP`s fault or a long-term illness. A “detachment” is the process by which a staff member classifies a term of office in another company. Detachments can take place both nationally and internationally. At Cantwell- Goldman PA, our international business lawyers can prepare secondment agreements on behalf of foreign and U.S.
employers, and review and negotiate secondment agreements on behalf of senior executives.