This Posting Agreement (this “Agreement”) will be entered into on 1 January 2019 (the “Effective Date”) by and between Aenco Limited, a company incorporated under the laws of Samoa with its registered office at Ground Floor NPF Building, Beach Road, Apia, Samoa (hereinafter referred to as “Aenco”), and Aptus Management Limited, a limited liability company incorporated under the laws of Hong Kong, whose registered office is at Ground Floor NPF Building, Beach Road, Apia, Samoa (hereinafter referred to as “Aenco”) and Aptus Management Limited, a limited liability company incorporated under the laws of Hong Kong, whose registered office is located at Ground Floor NPF Building, Apia, Samoa, have been completed and promulgated. 17/F Guangdong Investment Tower, 148 Connaught Road Central, Hong Kong (hereinafter referred to as “Aptus”). The agreement is a general model for the management of posting agreements between the CDU and the NTG, where there is no change of employer. An employee`s contractual right to leave cannot be restricted without his or her consent. In general, the parties agree that the seconded person is entitled to annual leave, as specified in the employment contract. However, the employer and host must determine how leave requests are to be handled during posting, by . B to whom requests for leave must be submitted for approval. Domicile > South Africa > Ten essential conditions of posting agreements Secondment generally consists of separating someone from their usual organisation for a temporary assignment to another location. Display modalities are used in many different situations. For example, for a certain period of time (usually between three and twelve months), companies can send employees to their customers or customers on a secondment basis to work within the customer`s organization.

Expatriate assignments are also often set up in the form of assignments, both for assignments within a group of companies and between independent companies. The liability and indemnification clauses of a secondment agreement are important provisions, but often insufficient thought has been given to their structure and design. A common mistake is to include liability and indemnification provisions that are appropriate for a service contract, but are absolutely not suitable for a posting agreement. This can happen if the author misunderstands the nature of a secondment and how it differs from a service contract in some fundamental respects. In a service contract, the recipient pays for a service to be provided. The service provider is generally fully responsible for the provision of the service, including monitoring its employees and ensuring that the work is performed to an appropriate standard and within the agreed deadlines. A service contract often contains provisions that transfer responsibility for the work to the service provider, including compensation to protect against the negligence of the service provider`s employees in the performance of the work or against accidents at work. Our international business lawyers are experienced in drafting and negotiating international secondment contracts.

We have expertise in reviewing and drafting choice of law clauses, non-disclosure provisions, non-competition clauses and other provisions normally contained and/or referred to in posting agreements. Contact our office to discuss with our international business lawyers about posting agreements. You can also call us at 866-583-9129. In order to avoid service-related problems, it is advisable to determine the hours of work, the type of work and the person or team to whom the seconded will reimburse for the duration of the secondment. A secondment agreement is a formal agreement between SafeCare BC, a sponsoring organization, and an employee of a sponsoring organization called a peer facilitator. Ideally, the agreement determines the duration of the secondment. There are other circumstances in which the parties wish to provide for the termination of the contract. For example, the parties must check whether they should terminate the contract in the event of a mandatory impossibility of performance or by termination for breach of contract or whether the seconded person proves to be unfit for work. The parties may also provide for cancellation by notification or by appointment. The employer and the seconded person must undertake to treat as confidential all information received by the seconded person from the host Member State during the period of posting.

This obligation should continue to exist after the termination of the contract. The parties must also agree on the circumstances in which confidential information may be disclosed. A posting agreement should indicate that the seconded party complies with the host`s policies and procedures. Discipline remains the responsibility of the employer. However, a violation of host policies requires the host`s cooperation for the purposes of a disciplinary hearing. An international posting is the cross-border transfer of the posted worker to an international company. .