Next month, we will discuss the main considerations to consider when drafting sabbatical agreements. The employer should continue to be responsible for managing the seconded person`s performance during the assignment, including addressing skills and behaviour issues. This necessarily requires feedback from the host on how the posted worker works for him – a certain term may be included in the agreement to oblige the host to provide the employer with regular reports on the progress of the seconded. If the detached uses the host`s equipment and information during the display, it makes sense to include a clause in the display contract that requires the return of host ownership and the permanent deletion of host data from all personal devices used during the display. Consequently, the posted person remains employed by his employer for the duration of the posting in his initial working conditions. However, this may mean that some minor changes to the collective employment contract may be necessary to allow for posting, but these may be relatively informal and should ideally be agreed in advance with the seconded person. The host usually pays a display-to-view fee at regular intervals during the period. This fee can only be an amount that covers the expenses of the hearing person or, more likely, includes a winning element. In any case, the posting costs will increase VAT if the entry is registered for VAT. The posting agreement should provide for changes to the fee during the period of posting, in particular to take account of any increase in the salary of seconded persons. The guest must ensure that the MEMBER can be forced to perform all the work he is likely to require during the secondment and therefore try to identify likely changes in the work required during the period. Employees who plan to move abroad should follow these guidelines regarding posting agreements: it is recommended that the employer and the host include short confidentiality notices in the posting agreement indicating what personal data each of them will process during the posting in relation to the posting, for what reasons this and on what legal basis they rely. It should also be remembered that consent in an employment relationship is generally not considered “voluntary”, so it is better to rely on another reason (for example.
Performance of a contract or legitimate business interest). There are certain essential conditions that an employer and a host must take into account when concluding a posting contract: The idea behind a posting agreement is that the posted person remains employed by the original employer during the posting and “returns” after the end of the posting to the posting company. Performance management when seconding an employee should not be overlooked, especially in the case of a longer secondment. The parties may provide for a mechanism to keep the employer informed of the posted worker`s performance. If, in the case of a secondment, the essential service areas differ because of the services provided, the seconded person must be informed in advance. The posting agreement should also govern what happens if the seconded person terminates his or her employment relationship during posting. The most likely option is that the posting will end after the display expires, but the person posted will want to make sure that the posting is completed unceremoniously if the posted person leaves without notice. If the posted worker is a foreigner, the posting period is limited to the duration specified in the posted worker`s work visa. Section 19 of the Immigration Act 2002 requires foreigners who intend to work in South Africa to obtain a work visa (in the form of a general work visa, an essential skills work visa or an internal transfer visa). General work visas are valid for the duration of the employment contract up to a maximum period of five years; Critical skills work visas are valid for a maximum period of five years, and internal transfer work visas are issued for a period of four years and cannot be renewed or renewed. The agreement should also specify how much time the seconded worker is to devote to secondment tasks.
Full-time arrangements are the most common, but the employer is free to require the seconded person to set aside a certain amount of time each week for their own work. It is expected that a sign will be that the use of the sign at his employer is not affected by the posting, that his employment continues and that he returns to his original role at the end of the posting. The seconded employee is not integrated into the guest`s organization (for example.B. it must be clear on each list of personnel that it is seconded). This could lead to particular difficulties, as the seconded person may hold management or supervisory functions and participate in team briefings or social events. .