In the event of secondment, it is expected that the Member`s employment with his or her employer will not be affected by the secondment, that his or her employment will continue and that he or she will return to his or her original role at the end of the secondment. The sending agreement must therefore contain a description of the Member`s duties during the secondment. One possibility is to attach to the posting agreement a full description of the role of the seconded. On the other hand, the parties may prefer that the description of the services be very general in order to give more flexibility to the host. Other important clauses that usually appear in a posting contract are the following: despite the explicit conditions of the posting contract, it is nevertheless possible that the host will be considered as the employer of the posted if the traditional employment status tests are met. In order to reduce the chances of doing so, the discharge agreement should also stipulate that the employer retains overall control of the posted worker; that the Host Party gives only the minimum order and follow-up necessary for the Member to carry out his or her duties; and that the envoy is not integrated into the host company. The sending agreement should therefore stipulate that the employer retains responsibility for administrative tasks, such as. B: payment of the salary, benefits and pension contributions of the seconded worker; reimbursement to the Member of the Member of reasonable expenses incurred; taking into account income tax and social security contributions; the authorization and accounting of annual leave; and the provision of sickness benefits. While a secondment within the same employer or group can be managed relatively informally, for example, the secondment of an employee to a third-party organization. B a client or client, is best obtained by a formal secondment agreement between the two parties. The posting agreement between the posted worker`s employer (the MP) and the « host », to whom the posted worker is posted, should contain some key concepts that will be discussed below. The agreement should also indicate how much time the posted consignee is to devote to posting obligations. Full-time plans are the most common, but the employer has the option of requiring the MEMBER to set aside some time each week for his or her own work.
It follows that the posted worker remains employed by his employer for the duration of the posting to his initial working and employment conditions. This may, however, mean that some minor changes to the overall employment contract may be necessary to allow for posting, but which can be carried out relatively informally and should ideally be subject to prior agreement with the seconded.. . .