Following our recent discussions, I am writing to confirm the agreements that have been reached between us for your secondment to [insert the name of the host company] (the `company`). As a result, the Member remains employed by his employer for the duration of the secondment on his original terms of employment. This could, however, mean that some minor changes to the overall employment contract may be necessary to allow for secondment, which may, however, be relatively informal and should ideally be agreed in advance with the Member. 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 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. The agreement should also indicate how long it takes the Member to commit to the secondment obligations. Full-time agreements are the most common, but it is open to the employer to require the Member to reserve some time each week for his or her own work. 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. 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. Good practice is that the employer and the host of the detachment agreement have attached brief data protection information to determine the personal data processed by the Member during the secondment, the reasons and legal basis cited. It should also be remembered that consent to a working relationship is generally not considered „free,“ so the invocation of another ground (.
B for example, the performance of a contract or legitimate business interests) is preferable. In addition, it is questionable whether the provision of an MP to a host means that the employer is performing a „job activity“ within the meaning of the employment agency and employment company behaviour regulations in 2003.