A specific posting agreement should be established after verification of the person`s current contract. The new agreement aims to clarify legal rights. It should be clear which employer is responsible for the person being sent. Staff may agree on new conditions to reflect the posting agreement which must be drawn up in writing. Home and host employers in a posting agreement must also make practical arrangements for how wages and benefits are paid and granted, as well as how expenses are covered and reimbursed. As a rule, the worker`s original employer pays him and the host reimburses him. A “secondment” is the process in which an employee moves to another company for a fixed term for a fixed period of time. Secondments may take place both on national territory and at international level. At Cantwell & Goldman PA, our international economic lawyers can prepare shipping agreements on behalf of foreign and U.S.
companies. Employers, as well as reviewing and negotiating sending agreements on behalf of senior managers. Costs of La SecondeesNoriaki Takeshita Takashi Shigemori Seiji TakeuchiSumitomo Chemical Company and its related companies Detachment agreement with Sumitomo Chemical Company of July 1, 2006, under which Sumitomo Chemical Company may, from time to time, send certain employees to the company in order to assist in the carrying out of its activities and operations. The 3 members of the Board of Directors associated with this Agreement have indirect interests as employees of Sumitomo Chemical Company. When the posting is carried out externally, the relationship between the employer and the worker is more complicated, since a third party is involved. It is therefore important to ensure that the conditions are clarified in writing before an external secondment begins. Article 15 of the 2014 OECD Model Agreement sets out certain fundamental factors for determining the employer/employee ratio, such as the power to charge individuals, control and responsibility for the workplace, the provision of tools and equipment to the worker, the right to choose the person for the performance of the work and to terminate contractual agreements, the right to impose corrective sanctions with regard to work, the fixing of public holidays and working hours, etc. In addition, in its implementation of double taxation agreements, Klaus Vogel referred to the term `employer` as someone to whom a worker makes available his capacity to work, under whose direction he carries out his activity and whose instructions he must follow.
The determination of the employer depends on the degree of personal and economic dependence of the worker on the undertakings concerned. 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. The duration of the secondment must be agreed in advance and, in particular, determined if this is to be the case: staff members who intend to be seconded abroad should comply with these directives on posting agreements: there are generally three parties to posting agreements: […] Your team, which you can no longer afford, you may be able to save money by putting them on secondment….