Where the disclosure includes information that is not covered by the European Economic Area, the issuer must ensure that there is adequate protection and may be required to include specific provisions in the sending agreement. Employers who put in place a posting agreement must ensure that they determine the end of the posting and ensure that the position of the posted worker is clear from the outset. If a worker voluntarily accepts a delegation, knowing that there is no guarantee of employment at the end, and provided that the employer of origin follows a fair trial, the risk of success of the action for protection against dismissal is reduced to a minimum. 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. A posted worker is likely to remain during the posting The worker of his or her original employer, and the usual obligations due by workers to their employer (e.g. B the obligation to follow appropriate instructions) continue to apply. However, for the detachment to be successful, the host must follow their daily instructions and abide by their policies (for example. B on data protection, risks of corruption and dignity at work). Therefore, it should ensure that the decantation agreement provides for this. The employer and the host must determine who is responsible for the remuneration of the seconded worker for the duration of the secondment.
If the employer accepts remuneration from the posted worker, the employer and the host must negotiate the terms and manner in which the host pays for the posted worker`s services. The parties must also determine who is responsible for paying the expenses incurred by the Member in providing the services, if any. Contractual agreements between the employer and the seconded worker on retirement and medical assistance shall not be affected, unless otherwise agreed. It is important to identify remuneration and benefit agreements as accurately as possible in order to avoid disputes. 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. A Second probably has access to the confidential information of the host and the original employer, and both employers may have doubts about disclosure to the other party. Hosts will want to retain the intellectual property rights developed during a secondment. Employers should therefore ensure that posting agreements contain clauses protecting their interests.
The agreement should also indicate how much time the posted consignee is to devote to posting obligations. Full-time plans are the most common, but the employer has the option of requiring the MEMBER to set aside some time each week for his or her own work. However, working for the host may make the Second the host`s employee. This type of agreement is similar to that of a temporary agency worker working for an end-user, so it is important to include conditions in a posting agreement in order to prevent this situation from occurring. The employer and the posted worker undertake to keep confidential all information received from the host by the posted worker during the sending period. This obligation should last for the termination of the contract. The parties must also agree on the circumstances in which confidential information may be disclosed. Other important clauses, which are usually included in a posting contract, are as follows: if it is possible to give notice, it is necessary to fix the duration of the termination and if the seconded party has the possibility to denounce the posting or to deal only with it. . . .