The place of work, as provided for in Article 42 of the Labour Code, may be unilaterally modified by the employer by the employee’s secondment to another place of work than the one provided for in the individual employment contract, where he will perform work specific to his place of work.
Secondment is the act by which the employee is temporarily transferred to another employer, at the employer’s request, in order to carry out work in the employer’s interest. Exceptionally, the type of work may also be changed, but only with the employee’s written consent.
This may be for a maximum period of one year. Exceptionally, the period of secondment may be extended for objective reasons requiring the employee’s presence at the employer to which the secondment has been ordered, with the agreement of both parties, every 6 months.
The employee may refuse the secondment ordered by his/her employer only in exceptional cases and for serious personal reasons.
The employer who is seconding has the obligation to take all necessary measures to ensure that the employer to whom the secondment has been ordered fulfils in full and on time all his obligations towards the seconded employee. If the employer to whom the secondment has been ordered does not fulfil all the obligations towards the seconded employee in full and on time, they will be fulfilled by the employer who ordered the secondment.
If there are differences between the two employers or if neither of them fulfils their obligations, the posted employee has the right to return to his/her place of work from the employer who posted him/her, to take action against either of the two employers and to request enforcement of the unfulfilled obligations.
The rights due to the seconded employee are granted by the employer to whom the secondment was ordered, with the proviso that during the period of secondment, the employee benefits from the rights which are more favourable to him, either from the rights of the employer who ordered the secondment or from the rights of the employer to whom he is seconded.
At the time of secondment, all matters relating to the payment or settlement of travel and accommodation expenses are determined.
Secondment allowance is an entitlement granted to the employee who is to be relocated. The allowance is intended to balance the discomfort caused by the change of job.
It is the employer who seconds the employee who takes care of the formalities in Revisal (date on which the secondment starts and ends, as well as the identification data of the employer to whom the secondment is made), and who is also obliged to take the necessary measures to ensure that the employer to whom the secondment has been ordered fulfils its obligations towards the seconded employee in full and on time.
Law 53/2003- Labour Code
Documents required for the secondment process:
– Request/application for secondment;
– Secondment agreement;
– Secondment decision
– Notification of extension of secondment.