It can be concluded that, although some divergent views remain; A look at the resolution agreement will largely resolve the ambiguity. The employer should also retain responsibility for managing the performance of the seconded undertaking during the secondment, including the handling of capacity and behavioural problems. This necessarily requires feedback from the host on how well the Second is working for him – a certain period of time may be included in the agreement to require the host to regularly provide the employer with reports on the second`s progress. Since the entry into force of the General Data Protection Regulation (GDPR) on 25 May 2018, more thought needs to be given to how the personal data of the seconded party is exchanged between the employer and the host in order to facilitate the posting. It is likely that the employer and host will be responsible for the data for GDPR purposes. One of the most important points to deal with in the sending agreement is the following: 5. Apply procedures to deal with judgments, discipline and complaints. Managing disciplinary and complaints assessments and procedures can pose practical challenges for employers in a posting agreement. While the original employer should retain direct control, it is likely that it will need a contribution from the host.
The original employer should ensure that there is a clause in the agreement that specifies the host`s obligations. If the posting is made to another part of the same employer, there may be fewer legal problems. However, minor amendments to the conditions of employment of the posted worker may be necessary. They may include their duties, place of work or supervisor for the duration of the secondment. 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. Before a posting agreement is put in place, it is necessary to verify the existing conditions of the posted employment contract, in particular to determine that, in the case of a posting agreement, a worker is temporarily assigned to another part of his own organisation, to another employer within the same group or, in some cases, to another employer (for example.
B a customer or business partner). In most cases, the agreement involves the detachment of a particular person. However, if the second or host chooses the employee who is to provide the services, the process must be carried out in the same way as in the case of normal recruitment. . . .