Secondment Agreement Clauses

Our design masterclass series continues by looking at alternative work arrangements: postings, sabbaticals, temporary roles and zero-hours arrangements. This article explains the main factors in the development of a secondment agreement. The confidentiality provision as part of your secondment agreement should require the company that makes MPs available to MPs to keep all information confidential. The clause should also state that the other company must ensure that the member does the same. The expectation of a secondment is that the MP`s employment with his employer will not be affected by the detachment, that their employment will continue and that they will return to their original role at the end of the posting. It will also be important to inform the Member of the conditions under which he will work during the secondment. Of course, this is primarily a practical point – the second must be aware of what is expected of them during the secondment and how the agreement will work. Other important clauses that are normally included in a secondment agreement are: if you hire an MP, you must ensure that he or she is performing the role for which you need it. Therefore, if you specify the services in the detachment agreement, they should be as broad as possible. This will allow the honourable Member to fully support your business, as you need it.

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. The agreement should also indicate how long it takes the Member to commit to the secondment obligations. Full-time agreements are the most common, but it is open to the employer to require the Member to reserve some time each week for his or her own work. A thorough verification of a secondment agreement to see what services you receive is essential. That is because it ensures that the member meets your business needs. As a result, the Member remains employed by his employer for the duration of the secondment on his original terms of employment.

This could, however, mean that some minor changes to the overall employment contract may be necessary to allow for secondment, which may, however, be relatively informal and should ideally be agreed in advance with the Member. In addition, it is questionable whether the provision of an MP to a host means that the employer is performing a “job activity” within the meaning of the employment agency and employment company behaviour regulations in 2003. In this context, a separate agreement between the employer and the Member will help the employer ensure that it has fulfilled its obligations under these regulations, in order to obtain the Member`s agreement and give him the required level of information.