Second place will be able to assert the usual rights at work against the second. If they have also become collaborators of the host during the posting period, they may, at the end of the detachment, assert related rights (even if they return to the workplace for the detachment position). However, they need an appropriate permanent job at the host. In the absence of a contrary agreement, a worker`s ownership is owned by the employer in the context and extent of his workjackets. In cases where the secondment involves the creation of a new intellectual property, the host and the employer must indicate in the agreement who will own the intellectual property created by the Member in order to avoid litigation at a later date. The secondment agreement should therefore stipulate that the employer retains responsibility for administrative tasks such as: payment of the Member`s salary, benefits and pension contributions; Reimbursement of the Second for duly incurred expenses; compensation for income tax and social security contributions; Authorizing and registering annual leave; and the provision of sickness benefits. 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. An international delegation involves the cross-border transfer of the MP to an international company. A formal agreement known as a „detachment agreement“ between the employer, MP and host is required to resolve the relationship between the employer, the MP and the host.
The secondment contract must take into account the laws of the contract and the host country. A secondment agreement should indicate that the Member complies with the host`s guidelines and procedures. Discipline remains the employer`s responsibility. However, a breach of the host`s guidelines requires the host`s cooperation for the purposes of disciplinary proceedings. 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. There are certain essential conditions that an employer and an OEM must meet when entering into a secondment agreement: does a seconded worker have to report to the original employer or host the absence of illness? Which employer should authorize annual leave and what about work coverage when the MP takes maternity or other family leave during the secondment? Home employers and host employers should agree in advance on how they will deal with different types of absences and let the MEMBER know of their obligations in this regard.