The host party should ensure that the detachment can be compelled to perform any work it may require during the secondment and should therefore endeavour to identify possible changes to the work required during the period. Next month, we will discuss the main considerations to consider when developing sabbatical agreements. The Host Party is concerned about confidentiality, in particular as regards the information that the posted worker may receive during the posting, the invitation of his staff and the risk that the posting or posting could create in competition. As a general rule, the Seconder continues to pay the salaries of the Second and all related costs (including income tax and social security contributions). When the detachment is a business agreement, the host usually reimburses these fees. However, it should be clear that the idea of a posting agreement is that the seconded worker remains employed by the original employer during the posting and „returns” after the end of the posting to the position of supervisor. declarations that the posted worker remains employed by the employer at all times during the posting; That the duration of the continuous employment of the seconded worker is not interrupted; and the posting returns to the employer`s place of work at the end of the agreed period and should therefore be included in the posting agreement. La Secondee can assert the usual employment rights against the Seconder. If it is found that they have also become the host`s worker during the posting period, they may, at the end of the posting, assert their rights (even if they return to work for the posting).
However, they require a reasonable amount of time for continuous use at the host. There will be certain circumstances in which the posting will have to be terminated with immediate effect. The agreement probably provides for certain events that lead to termination, for example.B misconduct of the detached or long-term illness. If the posting is a foreigner, the period of posting is limited to the duration indicated in the posted worker`s work visa. Section 19 of the Immigration Act 2002 requires foreigners who plan to work in South Africa work visas (in the form of a general work visa, a work visa for critical skills or an internal company transfer visa). General work visas are valid for the duration of the employment contract with a maximum period of five years; Work visas for critical skills are valid for a period not exceeding five years and work visas for intra-company transfers are issued for a period of four years and cannot be renewed or extended. In a posting agreement, it should be recorded that the posting complies with the host`s guidelines and procedures. Discipline remains the responsibility of the employer. However, a violation of the host`s guidelines requires the host`s cooperation for the purposes of a disciplinary hearing.
The sending agreement must therefore contain a description of the Member`s duties during the secondment. One possibility is to attach to the posting agreement a full description of the role of the seconded person. . . .