وبلاگ خانه تبدیل شباهنگ مرکز تخصصی تبدیل صدا و تصویر
Home > South Africa > Ten essential conditions of posting agreements The agreement is a general model for the management of posting agreements between the CDU and NTG, where there is no change of employer. A secondment is the temporary assignment of an employee either internally within an organization or externally to a separate company. Three (3) parties are involved in the posting: if the seconded person 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 posting agreement. There is a risk that, despite the provisions of the posting agreement, an excessively long posting may give rise to the expectation of employment on the part of the host Member State. It is therefore advisable to determine the purpose and duration of the detachment. The agreement may contain provisions on the possible extension of the posting. This Agreement is conditional on the Company obtaining a license from the UAQ Free Zone Authority, provided that the Company has a valid license during the term of this Agreement. Our international business lawyers are experienced in drafting and negotiating international secondment contracts. We have expertise in reviewing and drafting choice of law clauses, non-disclosure provisions, non-competition clauses and other provisions normally contained and/or referred to in posting agreements. Contact our office to discuss with our international business lawyers about posting agreements.
You can also call us at 866-583-9129. The employer and the host must determine who is responsible for the remuneration of the seconded person for the duration of the secondment. If the employer agrees to pay the seconded person, the employer and the host must negotiate the terms and manner in which the host pays for the services of the seconded. The parties must also determine who, if any, is responsible for the payment of the costs incurred by the seconded party during the provision of the services. Unless otherwise agreed, the contractual agreements between the employer and the seconded person on old-age provision and medical assistance remain unchanged. It is important to enter compensation and benefits agreements as accurately as possible to avoid disputes. A posting agreement should indicate that the seconded party complies with the host`s policies and procedures. Discipline remains the responsibility of the employer.
However, a violation of host policies requires the host`s cooperation for the purposes of a disciplinary hearing. Italy specific information on the main legal and commercial issues to be taken into account when drafting display documents for international use. It is agreed that the employee assumes responsibility from ___ and that the secondment will last ( ) months, with the planned extension subject to the consent of all parties. An employee`s contractual right to leave cannot be restricted without his or her consent. In general, the parties agree that the seconded person is entitled to annual leave, as specified in the employment contract. However, the employer and host must determine how leave requests are to be handled during posting, by . B to whom requests for leave must be submitted for approval. Ideally, the agreement determines the duration of the secondment.
There are other circumstances in which the parties wish to provide for the termination of the contract. For example, the parties must check whether they should terminate the contract in the event of a mandatory impossibility of performance or by termination for breach of contract or whether the seconded person proves to be unfit for work. The parties may also provide for cancellation by notification or by appointment. If the employee has questions, such as . B missing details or ambiguities in the posting letter, he must immediately contact the company`s human resources department. The agreement may contain provisions limiting the host offering employment to the posted worker during or for a certain period after the posting. 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 the essential service areas differ during a secondment due to the services provided, the seconded person must be informed in advance. The employer and the seconded person must undertake to treat as confidential all information received by the seconded person from the host Member State during the period of posting. This obligation should continue to exist after the termination of the contract. The parties must also agree on the circumstances in which confidential information may be disclosed.
When you agree to participate in a secondment, the terms of the posted person`s employment contract are inevitably changed. The posting agreement must therefore provide that the seconded person accepts the modification of the conditions of employment. The employer must therefore ensure that the posted person accepts the agreement before concluding the posting agreement. The seconded person must be a party to the agreement or otherwise accept the terms and conditions that affect the seconded. that the parties intend to provide for the posting of workers from their posts to the [HOSPITAL] (the seconded person)) to the [ORGANISATION] and to the [HOSPITAL], undertakes to release the seconded person or persons from their duties vis-à-vis the [ORGANISATION] so that the seconded person or persons can carry out activities for the [ORGANISATION], as determined in accordance with the terms of this Agreement. The following additional conditions should be addressed in international secondment agreements: Appointment to a position in the home country public service (“public service”) is governed by the Constitutional Reform and Governance Act, 2010 and the Public Service Commission Recruitment Principles published by Public Service Commissioners. The Principles exclude secondments of up to two years to the public service from the requirement that selection for appointment be made on the basis of a fair and open competition. An employee who makes a posting must carefully read this document, in particular the main contacts, procedures, conditions and conditions of the posting. An international posting is the cross-border transfer of the posted worker to an international company.
A formal agreement, called a “secondment agreement” between the employer, assignment and host, is required to govern the relationship between the employer, assignment and host. The posting agreement must take into account the laws of the employer`s country and the host country. In the absence of an agreement to the contrary, ownership of the intellectual property created by an employee in the context and extent of his employment is transferred to the employer. Therefore, in cases where the posting involves the creation of new intellectual property, the host and the employer must indicate in the agreement who will be the owner of the intellectual property created by the delegate in order to avoid disputes at a later date. .
