If the posting is a foreigner, the period of posting is limited to the duration indicated in the posted worker`s work visa. Section 19 of the Immigration Act 2002 requires foreigners who plan to work in South Africa work visas (in the form of a general work visa, a work visa for critical skills or an internal company transfer visa). General work visas are valid for the duration of the employment contract with a maximum period of five years; Work visas for critical skills are valid for a period not exceeding five years and work visas for intra-company transfers are issued for a period of four years and cannot be renewed or extended. Where termination is possible, it is necessary to determine the duration of the notice period and to determine whether the seconded party has the possibility to declare the termination of the posting or simply his employment with the client. Secondments may be made within an employer or a group of employers. In these cases, the agreement can be relatively informal. The sending agreement must therefore contain a description of the Member`s duties during the secondment. One possibility is to attach to the posting agreement a full description of the role of the seconded. On the other hand, the parties may prefer that the description of the services be very general in order to give more flexibility to the host.
It follows 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. If the Second uses the host`s equipment and information during deployment, it is a good idea to include in the secondment agreement a clause requiring the return of host ownership and the permanent deletion of host data from all personal devices used during the second. An employer is liable by proxy (www.practicallaw.com/9-200-3629) for the unlawful acts of its employees, even if they are seconded to another organization. However, it can also be found that the host is responsible for the actions of the seconded worker, although he remains employed by his original employer depending on the circumstances – for example, who had control of the seconded at that time. However, working for the host may make the Second the host`s employee. This type of agreement is similar to that of a temporary agency worker working for an end-user, so it is important to include conditions in a posting agreement in order to prevent this situation from occurring. The employer should also retain responsibility for managing the performance of the seconded undertaking during the secondment, including the handling of capacity and behavioural problems. This necessarily requires feedback from the host on how well the Second is working for him – a certain period of time may be included in the agreement to require the host to regularly provide the employer with reports on the second`s progress. As a general rule, the Seconder continues to pay the salaries of the Second and all related costs (including income tax and social security contributions).
When the detachment is a business agreement, the host usually reimburses these fees. However, to avoid service-related problems, it is advisable to indicate the working hours, the type of work and the person or team to whom the seconded worker will report for the duration of the secondment. Home > South Africa > Ten key provisions of decantation agreements It is important that the posting agreement clearly indicates which party retains responsibility for the management and management of the posting`s employment during the secondment. There are two reasons for this: first, as mentioned above, reserving as much management control as possible helps the employer avoid concluding that the host is using the Second. . . .