The agreement should also indicate how long it takes the Member to commit to the secondment obligations. Full-time agreements are the most common, but it is open to the employer to require the Member to reserve some time each week for his or her own work. The second is required to disclose to the host personal data about the person entitled to the detachment, and such disclosure is unlikely to require explicit consent from the Member of Parliament, as it is in the “legitimate interest” of the employer (paragraph 6, Appendix 2, DPA). However, if the second place wishes to disclose sensitive personal data, it must be expressly approved by the Member. If it is possible to report it, it is necessary to determine the duration of the termination and whether the Member has the opportunity to inform the secondment or only his employment with the person concerned. If the posting is done with a separate corporation, for example. B another member of the employer group, the employer and the host may wish for a formal agreement. In international detachment agreements, the following additional conditions should be addressed: Net Lawman proposes two models of secondment contracts for commercial and non-commercial organizations. 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. Regardless of the legal situation, the second and the host may contractually agree on the person who bears the costs of the debts to the Member (for example. B for their health and safety) and the deeds of the seconded customer, and to include in the agreement appropriate compensation. The secondment agreement should also indicate what happens when the member terminates his or her employment during the secondment. The most likely option is for the detachment to end when the MP`s notification expires, but the secondment client will want to anticipate that the detachment will end summarily if the Member withdraws without notice. The host should ensure that the Member may be required to perform all the work he may require during the secondment and, therefore, endeavour to identify any changes to the necessary work during the period. Good practice is that the employer and the host of the detachment agreement have attached brief data protection information to determine the personal data processed by the Member during the secondment, the reasons and legal basis cited. It should also be remembered that consent to a working relationship is generally not considered “free,” so the invocation of another ground (.
B for example, the performance of a contract or legitimate business interests) is preferable. Second place also wants protection from the host using the detachment station either directly at the end of the posting period or competing with second place on the basis of information received during the detachment. Our international business lawyers are competent in the development and negotiation of international secondment agreements.