Secondment Agreement Vs Service Agreement

If the secondment is a citizen or resident of the Republic of South Africa and is seconded to South Africa to work there, there is no limit to the duration of a demining contract. There is a risk that an excessively long posting, despite the provisions of the sending contract, will create an expectation of employment on the part of the host. It is therefore advisable to determine the purpose and duration of the detachment. The agreement may include provisions on the possible extension of the posting. posting agreements allow an employer to assign a worker to another organisation for a fixed period of time in order to establish good business relations; the improvement of an employee`s specific skills or the transmission of that employee`s specific expertise to the host company. The posting agreement should therefore stipulate that the employer retains responsibility for administrative tasks such as: B.: payment of the posted worker`s salary, benefits and pension contributions; reimbursement to the Member of the Member of reasonable expenses incurred; taking into account income tax and social security contributions; the authorization and accounting of annual leave; and the provision of sickness benefits. 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. Liability and indemnification clauses in a desie contract are important provisions, but their structure and wording are often not given sufficient thought. A common mistake is to introduce liability and compensation rules that are appropriate for a service contract, but totally unsuitable for a secondment contract. This can happen if the author does not understand the nature of a detachment and how it differs fundamentally from a service agreement. In a service agreement, the recipient pays for a service to be provided.

The service provider is generally fully responsible for the provision of the service, including monitoring its staff and advising that the work is being carried out to an appropriate standard and within an agreed schedule. A service agreement often contains provisions that transfer responsibility for the work to the service provider, including compensation for protection against the negligence of the service provider`s staff in the performance of the work or injuries in the workplace. The sending agreement should also specify what happens when the posted worker terminates his or her employment relationship during the posting. The most likely option is that the posting will cease at the end of the secondment period`s notice period, but the detachment wants the posting to end quickly if the posting leaves without notice. If the Second uses the host`s equipment and information during deployment, it is a good idea to include in the secondment agreement a clause requiring the return of host ownership and the permanent deletion of host data from all personal devices used during the second. Secondments may be made within an employer or a group of employers. In these cases, the agreement can be relatively informal. 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. On the other hand, the parties may prefer that the description of the services be very general in order to give more flexibility to the host. In the absence of an agreement to the contrary, the intellectual property created by a worker in the context and extent of his employment is the responsibility of the employer. In cases where the posting involves the creation of new IPRs, the host and the employer must therefore indicate in the agreement to whom the intellectual property created by the posted party will belong, in order to avoid disputes at a later date.

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