Secondment Agreement Adalah
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. A secondment is the temporary assignment of an employee either within an organization or outside a separate company. The detachment consists of three (3) parties: secondments can be made within an employer or group of employers. In these cases, the agreement may be relatively informal. This article describes the working relationship between the principal employer and the secondment employer, as well as other important employment issues. If you are a worker applying for a secondment or an employer who is considering disfiguring someone from another organization, we hope this will be helpful in reading.
“The term “detachment” originally applied to the temporary transfer of an agent from one service to another within the same organization. The concept now includes transfers between organizations, whether private, public or voluntary (CIPD, 2003a). According to Tuffrey (1997), the loan period is set for a certain period of time and for a specific role. A secondment agreement should indicate that the member complies with the host`s guidelines and procedures. Discipline remains the employer`s responsibility. However, a breach of the host`s guidelines requires the host`s cooperation for the purposes of disciplinary proceedings. In addition, it is questionable whether the provision of an MP to a host means that the employer is performing a “job activity” within the meaning of the employment agency and employment company behaviour regulations in 2003. In this context, a separate agreement between the employer and the Member will help the employer ensure that it has fulfilled its obligations under these regulations, in order to obtain the Member`s agreement and give him the required level of information. The easiest way to do this is to write the Member a letter of secondment explaining all the essential conditions agreed between the employer and the host and ask him to sign it and return it to let him know of his agreement. The employer should continue to be responsible for managing the MP`s delivery during the secondment, including dealing with jurisdictional and behavioural issues.
This necessarily requires feedback from the host on the MEMBER`s good results – a specific clause may be included in the agreement to require the host to regularly provide the employer with reports on the MEMBER`s progress.