Next month, we will discuss key considerations in the development of Sabbath agreements. However, the MP may become the host`s collaborator because of the work done for the host. This type of plan is similar to that of an interim worker working for a final consumer, so it is important to include terms in a secondment agreement to prevent this from happening. If the Member 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 secondment agreement. Despite the provisions of the detachment agreement, too long a detachment may create an expectation of employment on the part of the host. It is therefore advisable to set the purpose and duration of the detachment. The agreement may contain provisions for the possible extension of the detachment. 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. The expectation of a secondment is that the MP`s employment with his employer will not be affected by the detachment, that their employment will continue and that they will return to their original role at the end of the posting. There are certain essential conditions that an employer and host must be aware of when entering into a secondment agreement: the second must disclose to the host personal data about the detachment holder in the context of the detachment, and such disclosure will probably not require the explicit consent of the Member, as this will be in the “legitimate interest” of the employer (paragraph 6, Appendix 2, DPA). However, if the second place wishes to disclose sensitive personal data, it must be expressly approved by the Member. 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. Other important clauses, which are usually contained in a secondment agreement, are: the question of who is the employer is important, especially for the host. The reason is that the law imposes on the employer a certain number of debts and a certain number of rights to the employee.
If one agrees to participate in a secondment, the terms of the Member`s employment contract will inevitably be different. The secondment agreement must therefore provide that the Member accepts the change to the employment regime. Therefore, the employer must ensure that the agreement is approved by the Member before the secondment contract is concluded. The Member must be a contracting party to the agreement or, in another way, approve the conditions for the Member.