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. In the absence of a contrary agreement, a worker`s ownership is owned by the employer in the context and extent of his workjackets. In cases where the secondment involves the creation of a new intellectual property, the host and the employer must indicate in the agreement who will own the intellectual property created by the Member in order to avoid litigation at a later date. If you are seconded, we ask you to complete a declaration of political affiliation. In addition, you are expected to abide by a confidentiality agreement and a code of conduct agreed with your organization. The expectation of a secondment is that the MP`s employment with his employer will not be affected by the detachment, that their employment will continue and that they will return to their original role at the end of the posting. Ideally, the agreement will determine the duration of the detachment. There are other circumstances in which the parties wish to provide for the termination of the contract.
For example, the parties must check whether they must terminate the contract in the event of excessive inability to perform or if the underwriter is cancelled for an infringement, or if the taker proves unsuitable for work. Parties may also schedule termination on notice or by appointment. The employer and host must determine who is responsible for the MP`s compensation during the duration of the secondment. If the employer agrees to pay the MP, the employer and host must negotiate the terms and how the host pays the MP`s benefits. The parties must also take into account the responsibility for the payment of the costs incurred by the Member for the provision of services, if any. Contractual agreements between the employer and the Member with regard to old age and medical assistance are not affected unless there is an agreement to the contrary. It is important to identify all compensation and benefit agreements as accurately as possible in order to avoid litigation. 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.
If you use our online application system, your data will be collected by our Vacancy Filler data er for our account. 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. The detachment agreement must therefore include a description of the MP`s duties during the secondment. One option is to be able to attach a full description of the MP`s role to the detachment agreement. On the other hand, the parties may prefer that the description of the services be very general to give the host more flexibility.