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. The employer and the host must determine who is responsible for the remuneration of the seconded worker for the duration of the secondment. If the employer accepts remuneration from the posted worker, the employer and the host must negotiate the terms and manner in which the host pays for the posted worker`s services. The parties must also determine who is responsible for paying the expenses incurred by the Member in providing the services, if any. Contractual agreements between the employer and the seconded worker on retirement and medical assistance shall not be affected, unless otherwise agreed. It is important to identify remuneration and benefit agreements as accurately as possible in order to avoid disputes. Despite the explicit conditions of the posting agreement, it is nevertheless possible that the host will be considered as the employer of the posted worker 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.
A posted worker is likely to remain during the posting The worker of his or her original employer, and the usual obligations due by workers to their employer (e.g. B the obligation to follow appropriate instructions) continue to apply. However, for the detachment to be successful, the host must follow their daily instructions and abide by their policies (for example. B on data protection, risks of corruption and dignity at work). Therefore, it should ensure that the decantation agreement provides for this. If the Second uses the host`s equipment and information during deployment, it is a good idea to include in the secondment agreement a clause requiring the return of host ownership and the permanent deletion of host data from all personal devices used during the second. The employer and the posted worker undertake to keep confidential all information received from the host by the posted worker during the sending period. This obligation should last for the termination of the contract. The parties must also agree on the circumstances in which confidential information may be disclosed.
Staff may agree on new conditions to reflect the posting agreement which should be drawn up in writing. . . .