The idea behind a secondment plan is that the member remains employed by the original employer during the secondment and “returns” to the detachment after the end of the detachment. If one agrees to participate in a secondment, the terms of the Member`s employment contract will inevitably be different. The secondment agreement must therefore provide that the Member accepts the change to the employment regime. Therefore, the employer must ensure that the agreement is approved by the Member before the secondment contract is concluded. The Member must be a contracting party to the agreement or, in another way, approve the conditions for the Member. In the absence of a contrary agreement, a worker`s ownership is owned by the employer in the context and extent of his workjackets. In cases where the secondment involves the creation of a new intellectual property, the host and the employer must indicate in the agreement who will own the intellectual property created by the Member in order to avoid litigation at a later date. Despite the explicit conditions of the secondment agreement, it is still possible for the host to be considered the MP`s employer if the traditional employment status examinations are completed. In order to reduce the chances, the secondment agreement should also indicate that the employer retains overall control of the Member; The host only sets the minimum instructions and supervision necessary to enable the Member to perform his duties; and that the MP should not be included in the host activity. In general, second place continues to pay wages and related expenses (including income tax and social security contributions).
If the detachment is a commercial agreement, the host usually reimburses these fees. However, it must be clear that an international delegation involves the cross-border transfer of the Member to an international company. A formal agreement known as a “detachment agreement” between the employer, MP and host is required to resolve the relationship between the employer, the MP and the host. The secondment contract must take into account the laws of the contract and the host country. 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. This article describes the working relationship between the principal employer and the secondment employer, as well as other important employment issues. If you are a worker applying for a secondment or an employer who is considering disfiguring someone from another organization, we hope this will be helpful in reading. A worker`s right to contractual leave cannot be reduced without his or her consent. As a general rule, the parties agree that the purchaser is entitled to annual leave in accordance with the employment contract. However, the employer and host must plan how leave applications will be handled, for example, during the secondment to which applications must be submitted for approval. If the Member is a foreigner, the period of secondment is limited to the length of time indicated in the Member`s work visa.
Section 19 of the Immigration Act 2002 requires foreigners wishing to work in South Africa to hold work visas (in the form of a general work visa, a critical capacity visa or an intra-company transfer visa). General work visas are valid for the duration of the employment contract for up to five years; Work visas for critical skills are valid for up to five years and intra-company transfer visas are issued for a period of four years and cannot be renewed or renewed.