If the second is employed by the holder of the detachment, the legal duration of permanent employment (www.practicallaw.com/4-200-3108) remains uninterrupted. This will be important for the latter, as there are a number of employment rights that require a period of service in the event of an alert (for example. B unjustified dismissal). The Member can therefore be confident that their continuity will be uninterrupted and perhaps a contractual promise that they will be treated as if their legal continuity were uninterrupted in the event of a continuity breakdown. Regardless of the legal situation, the second and the host may contractually agree on the person who bears the costs of the debts to the Member (for example. B for their health and safety) and the deeds of the seconded customer, and to include in the agreement appropriate compensation. Typically, the host pays a secondment fee to second place at regular intervals during the period. This tax can only be an amount covering the MP`s expenses or, more likely, an element of profit. One way or another, the second-hand tax will collect VAT if the second place is registered for VAT. The secondment agreement should include changes to the levy during the posting period, including possible increases in the Member`s salary. The host should ensure that the Member may be required to perform all the work he may require during the secondment and, therefore, endeavour to identify any changes to the necessary work during the period. Second place may be provided with sufficient protection because of the existing provisions of the Member`s employment contract. However, it will likely emphasize the need for confidentiality during the secondment and could introduce new restrictive agreements to prevent the Member from competing with the Secondr or soliciting collaborators.
Even if the MP does not become an employee of the host, he or she may be considered a „worker“ of the host (www.practicallaw.com/6-200-3640). This concept is contained in different legislation and is defined as a person who works under an employment contract (employment or any other form) under which they undertake to perform personal work for another, who is not a client or client of a profession or business carried out by the person concerned. If the MP could be found as the host`s worker, there are a number of legal labour rights they would have against the host. Net Lawman offers two supporting models for commercial and non-commercial organizations. Second place also wants to obtain the protection of the host by the relief station either directly at the end of the detachment period or compete with the second place on the basis of the information during the succession.