Secondment Agreement Template South Africa
Detachment agreements allow an employer to assign a worker to another organization for a fixed period of time in order to establish good business relationships; improving an employee`s specific skills or exchanging that employee`s specific expertise with the host company. Some paragraphs of the agreements deal with similar issues, others are unique for the agreement between two of the three parties. The documents will take into account, together, the following: when approving participation 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. In order to avoid service problems, it is advisable to define the work schedules, the type of work and the person or team to which the Member will report for the duration of the secondment. Following our recent discussions, I am writing to confirm the agreements that have been reached between us for your secondment to [insert the name of the host company] (the `company`). This section ensures that the host respects the MP`s rights under the original employment contract (to the extent that they cannot be changed by the detachment) and assumes responsibility for the cost of labour (excluding wages). The section covers the very difficult area of the non-competition clause during and after the posting. If the host has clients similar to the original employer, each party can ensure that the client`s poaching does not occur as an unintended consequence of the posting.
There are a few essential concepts that employers and hosts need to know when entering into a secondment agreement: the management of benefits during the secondment of a worker should not be overlooked, especially in the case of a long-term secondment. The parties may include a mechanism to keep the employer informed of the MP`s performance. If the main areas of service are different during a secondment because of the services provided, the Member must be informed in advance.