The essence of the detachment is that the member works exclusively for another organization, usually for a specified period of time. It is important that, according to current labour law, the original employer continues to fulfill all legal employment obligations, including the risk of an application for an employment tribunal resulting from an act or omission on the part of the host or an accident while the Member is working for the host. It goes without saying that the detachment requires careful management. Questions include confidentiality, the initial obligations of employers and the practical operation of the agreement. This section ensures that the host respects the MP`s rights under the original employment contract (to the extent that it is not possible to change them by the detachment) and assumes responsibility for the costs incurred (excluding salary). Since liability is left to the original employer, these agreements are designed as much as possible to protect the company from non-compliance with the employment contract and the common law by the host company. It also protects the intellectual property rights of both organizations. The section covers the very difficult area of the non-competition clause during and after the posting. If the host has customers similar to the original employer, each party can ensure that the client`s poaching does not occur as an unintended consequence of the agreement. Some paragraphs of the two agreements deal with similar issues, others are unique for the agreement between two of the three parties.
The documents take into account the following paragraphs explaining how the worker is reimbursed and how his benefits and rights are changed as part of the original employment contract. Our agreements can be used by organizations of all sizes and sectors. Since the original employer is most at risk, we suggest that he or she propose the terms in the first place. There is little legislation governing secondment, but the legal impact of the posting on labour law is significant. It is therefore important that the original employer and host agree in as much detail as possible on the terms of the transfer. A single agreement can be reached between the three parties. However, since an agreement can only contain confidential conditions for two of the parties (for example. B The amount that the original employer will receive in return), we have structured the agreements into two documents.
These documents allow secondment to another business organization or charity. Both can be adapted to many other situations. The law in these documents is clear and firm, but carefully inagressive and safe. Our templates contain all the basic arrangements you need. You can easily add, modify or remove provisions that fit your arrangement. This section grants the employer`s initial ownership and the benefits of the intellectual property the employee creates. Of course, you can change this to give the host the advantage. The paragraphs confirm exactly what or who is the host and what the nature of his business is. The worker accepts that the original employer is not liable if the type of work is not as intended. Learn about the performance of our expert services, our reliable resources, data analytics and practical tools today.
Determines how long the contract will be applied and the conditions under which it can be terminated. While the original employer remains responsible for the welfare of the Member, this allowance protects the original employer from the costs the host makes to comply with the law. Your browser does not allow the automatic addition of bookmarks. Press Ctrl/Command -D to manually add a bookmark. These provisions not only confirm the agreement, but also concern the opt-out of the working time regime and the recognition that the host has received copies of the employment contract and directives under which the worker is working.