It is also important to include provisions indicating how and under what circumstances the parties can terminate the detachment by then. Conditions may be included for the detachment to be terminated by termination or payment instead of termination. The detachment agreement should also specify the circumstances under which the detachment may be terminated summarily. It will also be important to inform the Member of the conditions under which he will work during the secondment. Of course, this is primarily a practical point – the second must be aware of what is expected of them during the secondment and how the agreement will work. 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. 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. If the Member uses the host`s equipment and information during the detachment, it is a good idea to include a clause in the detachment agreement that requires the return of the host`s property and the permanent removal of host data from all personal devices used during the detachment. Despite the explicit conditions of the secondment agreement, it is still possible for the host to be considered the MP`s employer if the traditional employment status examinations are completed.
In order to reduce the chances, the secondment agreement should also indicate that the employer retains overall control of the Member; The host only sets the minimum instructions and supervision necessary to enable the Member to perform his duties; and that the MP should not be included in the host activity. Since the General Data Protection Regulations (GDPR) came into force on May 25, 2018, more thought is needed on how the MP`s personal data is transmitted between the employer and the host in order to facilitate the posting.
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