A secondment agreement provides that a worker is temporarily assigned to another part of his own organization, to another employer within the same group or, in some cases. B, to another employer (for example, a client or partner). A secondment is made when a worker (or group of workers) is temporarily assigned to work for another organization or part of his or her employer. 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. Even if the MP does not become an employee of the host, he or she may be considered a “worker” of the host (www.practicallaw.com/6-200-3640). This concept is contained in different legislation and is defined as a person who works under an employment contract (employment or any other form) under which they undertake to perform personal work for another, who is not a client or client of a profession or business carried out by the person concerned. If the MP could be found as the host`s worker, there are a number of legal labour rights they would have against the host. If the second is employed by the holder of the detachment, the legal duration of permanent employment (www.practicallaw.com/4-200-3108) remains uninterrupted. This will be important for the latter, as there are a number of employment rights that require a period of service in the event of an alert (for example.
B unjustified dismissal). The Member can therefore be confident that their continuity will be uninterrupted and perhaps a contractual promise that they will be treated as if their legal continuity were uninterrupted in the event of a continuity breakdown. If the Member is a citizen or resident of the Republic of South Africa and is seconded to work in South Africa, there are no restrictions on the duration of a secondment agreement. Despite the provisions of the detachment agreement, too long a detachment may create an expectation of employment on the part of the host. It is therefore advisable to set the purpose and duration of the detachment. The agreement may contain provisions for the possible extension of the detachment. Other important clauses, which are usually contained in a secondment agreement, are: secondments can be made within an employer or group of employers. In these cases, the agreement may be relatively informal.
The host should ensure that the Member may be required to perform all the work he may require during the secondment and, therefore, endeavour to identify any changes to the necessary work during the period. The secondment agreement should therefore stipulate that the employer retains responsibility for administrative tasks such as: payment of the Member`s salary, benefits and pension contributions; Reimbursement of the Second for duly incurred expenses; compensation for income tax and social security contributions; Authorizing and registering annual leave; and the provision of sickness benefits. If it is possible to report it, it is necessary to determine the duration of the termination and whether the Member has the opportunity to inform the secondment or only his employment with the person concerned. 5. Procedures for managing assessments, discipline and complaints. Managing assessments, disciplinary procedures and redress procedures can create practical difficulties for employers under a secondment plan.