Lichtlabor-Berlin

Regardless of the legal situation, the issuer and the host can agree by contract that bears all the costs related to the liability vis-√†-vis the seconded (for example. B for his health and safety) and for the acts of the seconded person during the secondment and who inserts appropriate compensation into the contract. When the posting is carried out externally, the relationship between the employer and the worker is more complicated, since a third party is involved. It is therefore important to ensure that the conditions are clarified in writing before an external secondment begins. In the context of the posting, the issuer must communicate to the host person personal data concerning the posted recipient and it is unlikely that such disclosure will require specific consent from the posted worker, as this is in the employer`s „legitimate interest“ (paragraph 6, Annex 2, DPA). However, if the Seconder wishes to disclose sensitive personal data, he needs the explicit consent of the second. Next month, we will discuss the main considerations to consider when developing sabbatical agreements. La Secondee can assert the usual employment rights against the Seconder. If it is found that they have also become the host`s worker during the posting period, they may, at the end of the posting, assert their rights (even if they return to work for the posting).

However, they require a reasonable amount of time for continuous use at the host. 3. Describe the conditions applicable during the posting. The key to requesting secondment is to make the employer understand how the change benefits the company in the long run. The following additional conditions should be addressed in international posting agreements: this has the consequence that the posted worker remains employed by his employer for the duration of the posting to his initial working and employment conditions. However, this may mean that some minor changes to the overall employment contract may be necessary to allow for posting, but which can be carried out relatively informally and should ideally be subject to prior agreement with the seconded worker. An international posting involves the cross-border transfer of the posting to an international company. . . .

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