Since the responsibility for the employment contract is left to the original employer, this agreement serves, as far as possible, to protect against non-compliance with the employment contract and the common law by the host. It also protects the intellectual property rights of both organizations. If you are employed for casual work, the agreement must be clarified in your employment contract. Our detachment agreement can be used by organizations of any size or sector. Since the original employer is at greater risk of posting, we suggest that he or she propose the conditions in the first place. The first is that a detachment is temporary. This means that at the end of the posting, the employee has the right to return to his or her original role within the company. If an employee returns and finds that his or her original role is no longer available and the employer has not followed the appropriate restructuring process, the employee may have reason to make a valid personal complaint. These two documents allow a delegation from a company to a non-profit organization such as a charitable organization. Is in compliance with applicable New Zealand legislation. Some paragraphs of the agreements deal with similar issues, others are unique for the agreement between two of the three parties.
The documents take into account the following: While the original employer is responsible for the welfare of the Member throughout the secondment, this allowance protects the original employer from the cost of complying with the law by the host. Our detachment agreement was drawn in such a way that it contained all the ground rules you need. You can easily add, modify or remove provisions that fit your arrangement. In each scenario, a number of factors must be taken into account to ensure that the detachment is performed correctly. As a general rule, a secondment requires two documents: an amendment to the Member`s employment contract to be detached and a contract between the original employer and the new employer (the “host”) that defines the conditions of the secondment. We have included both in this package. 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. It goes without saying that the detachment requires careful management. Questions include confidentiality, the initial obligations of employers and practical opportunities for the detachment to operate.
These documents relate to the secondment of another business organization and the posting of a charitable organization. Both can be adapted to many other situations. The law of these detachment agreements is clear and firm, but carefully misunderstood and safe. If you are considering a new employment contract, you may want to include conditions of secondment in employment contracts. You cannot use a temporary agreement instead of a trial period to test whether an employee is fit for the job or not. That would not really be a reason for a fixed duration. 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).