No chain of detachment Employers are no longer able to continue to call on an employee seconded to them. Anti-prevention A new definition of detachment is introduced to prevent service agreements from being used as a front for detachment. In addition to the work in which the worker is assigned tasks by a legal or physical person, the secondment also includes the work: – carried out by the worker mainly in the premises of a legal person or a natural person; – mainly the use of tools or equipment provided by the legal or physical person (but not necessarily in the person`s possession); – include an activity that the individual or corporation performs as a commercial object (and which is registered in the register of trade or commerce). Changes to the detachment provisions came into effect on March 1, 2015, including the following amendments: – excluding detachments for hazardous work; – the prevention of the delegation of MePs; – the introduction of provisions to prevent tax evasion; – capping the maximum length of a detachment, – fine-tuning the definition of detachment; – the approval of detachments with grounds for termination before the deadline has expired. The maximum duration of secondments can no longer be valid for more than 24 months and can only be extended or repeated four times over a 24-month period. This amendment is intended to prevent secondments from being used as a means of circumventing the direct labour-employer relationship between the MP and the user`s employer, and also includes a situation in which a worker is seconded by another employer or temporary employment agency to the same employer. These changes reflect changes made in Germany to prevent workers from being sent off several times with the same employer by different agencies. Once the maximum period of posting (24 months, from the beginning of the first detachment) is exhausted, the employer or agency must wait six or four months (depending on the reason for the posting) before the worker can be reinstated. The secondment limit and the extension limit do not apply to the secondment of workers as temporary coverage for persons with maternity/parent/sick leave, for example.B.
The penalty for employers who ignore the cap and extension limit is the termination (legal) of the employee`s employment with the original employer or temporary agency and the establishment of an indeterminate employment relationship between the employee and the user`s employer. Employer Responsibility the employer The employer (whether physical or moral) is now responsible for the MP`s salary. The employer or agency must pay the MP at least the same salary as the user`s employer paid to comparable workers; Otherwise, the user`s employer is required to compensate for the difference from the Member within 15 days of the pay day agreed between the Agency and the Member. Therefore, when choosing a temporary employment agency or other secondment partner, employers should ensure that any secondment agreement they enter into includes appropriate control mechanisms, sanctions and other safeguards. Immediate Detachment Restrictions Only temporary employment agencies may hire a staff member within the first three months of starting their activity in order to prevent unleased agencies from operating in this area. The employer`s responsibilities can only be sent on business trips by the user of employees who must provide the MEMBER with a refund of travel expenses and bear the risk of an accident.