Typically, the host pays a secondment fee to second place at regular intervals during the period. This tax can only be an amount covering the MP`s expenses or, more likely, an element of profit. One way or another, the second-hand tax will collect VAT if the second place is registered for VAT. The secondment agreement should include changes to the levy during the posting period, including possible increases in the Member`s salary. Other important clauses, which are generally contained in a secondment agreement, are that the idea behind a secondment agreement is that the member remains employed by the original employer during the secondment and that once the secondment is completed, he or she will be “returned” to the detachment employee. A worker`s right to contractual leave cannot be reduced without his or her consent. As a general rule, the parties agree that the purchaser is entitled to annual leave in accordance with the employment contract. However, the employer and host must plan how leave applications will be handled, for example, during the secondment to which applications must be submitted for approval. An MP probably has access to the confidential information of the host and the original employer, and both employers may have doubts about disclosure to the other party. Hosts will want to retain the intellectual property rights developed as part of a secondment. Employers should therefore ensure that secondment agreements contain clauses protecting their interests.
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. The host will be concerned about confidentiality, particularly with regard to the information the Member can obtain during the secondment, the invitation of his staff and the risk that either the Member, or the second, may appear in the competition. 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. The second is required to disclose to the host personal data about the person entitled to the detachment, and such disclosure is unlikely to require explicit consent from the Member of Parliament, as it is 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. Homeland > South Africa > Ten essential conditions for secondment agreements The following additional conditions should be addressed in international secondment agreements: it will also be important to inform the Member of Parliament 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.