Our masterclass series for design continues with a look at other work agreements, namely secondments, sabbaticals, temporary roles and zero-hour agreements. In this article, we discuss the key factors in establishing a posting agreement. It is important that the sending agreement specifies which party retains responsibility for the management and management of the posted worker`s employment during the posting. There are two reasons for this: first, as mentioned above, re-booking maximum management control helps the employer avoid concluding that the host is using the Second. Secondly, a clear division of competences avoids unnecessary confusion between the parties. Since the posted worker is always employed by his employer, the most sensible thing is for the employer to be responsible for these matters. It is also important to include provisions indicating how and under what circumstances the parties may terminate the posting in the meantime. Conditions may be introduced so that the posting can be terminated without notice or against payment instead of termination. The decantation agreement should also specify the circumstances in which the delegation may be summarily terminated. Net Lawman offers two model shipping agreements for commercial and non-commercial organizations. As a rule, the host pays a shipping fee to the Second party at regular intervals during the period. This fee may only be an amount covering the costs of the second or, more likely, including an element of profit. In any case, the emission tax is calculated with VAT when the issuer is registered for VAT.
The posting agreement should provide for changes in fees during the payback period, in particular to take account of any increases in the posted worker`s salary. It is important to note that a seconded worker can only be invited to perform tasks for the host that fall within the obligations set out in his or her employment contract. If the obligation clause of the employment contract is sufficiently broad, there should be no problem; Otherwise, it will most likely be necessary to vary the employment contract before the start of the secondment. While a secondment within the same employer or group can be managed relatively informally, the secondment of an employee to a third-party organisation, for example.B of a client or client, preferably through a formal posting 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. A posted worker is likely to remain during the posting The worker of his or her original employer and the usual obligations that workers owe to their employer (e.g. B the obligation to follow appropriate instructions) shall continue to apply. . . .