The secondment agreement provides that [workers] from [the employment organization] will be seconded to [host organization] in accordance with Section 66 of the Government Sector Employment Act 2013. Without evidence to the contrary, it is considered that the original (direct) employer retains control and assumes responsibility for the protection of occupational health and safety. But the weight of evidence can shift this responsibility to another party on the basis of a three-part test: liability and compensation clauses in a secondment agreement are important provisions, but not enough is given to how they are structured and formulated. A common mistake is to include liability and compensation provisions, which are appropriate for a service agreement but totally unsuited to a secondment agreement. This can happen when the author misundersted the nature of a detachment and how it differs, in some way, from a service agreement. In the case of a service contract, the taker pays for the provision of a service. The service provider is generally fully responsible for the delivery of the service, including the control of its staff and the control that the work is carried out to an appropriate standard and within an agreed schedule. A service contract often contains provisions that entrust responsibility for the work to the service provider, including protection benefits from the negligence of the claimant`s staff in the performance of work or injuries in the workplace. In this case, it appears that a special relationship is created between employers and migrant workers when the worker is placed under the direct and absolute control of another practice. The borrowed worker is a “borrowed agent” and the employer to whom he is loaned is considered a special or doctrinal employer.
Office B is therefore responsible for guaranteeing worker protection for the worker. Second, in general, someone should be separated from their normal organization for temporary intervention elsewhere. Detachment rules are used in many different situations. Companies can, for example. B, recruit term employees (usually three to twelve months) to their clients or clients on a secondment basis to work within the client organization. Expat allowances are also often created as secondments, both for orders within a group of companies and between unrelated companies. The detachment refers to the detachment of [Second] from [Employment Organization] to [the host organization] from [date] to [date] whose conditions are set out in this detachment agreement.