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How to Alter Secondment Agreement

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Welcome to Deloitte's Debriefs Tax Webcast Series in Asia Pacific. Today's session is a special edition on secondment arrangements, focusing on recent rulings and their key impacts. Hosted by Sumit, a tax partner from Deloitte India, the webcast features three speakers: Bhaskar, an indirect taxes specialist; Arthi, who specializes in employment taxes and immigration matters; and Shiwang, an expert in transfer pricing. Detailed biographies of the speakers are accessible on the left side of the screen. Before diving into the agenda, the webcast console features are highlighted, noting that all users are in listen-only mode, with the option to submit content-related questions at any time.

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Can you end a secondment early?

Ending a secondment Exceptionally, if the secondee requests this, or if there is a business need, or if the secondee is underperforming in the role, the manager may consider an early termination of the secondment arrangement.

What happens at end of secondment?

At the end of secondment Prior to the end of the period of secondment, a meeting should be arranged between the secondee and their substantive line manager to discuss the implications of returning to their substantive post, and in order to update the individual on any changes within the department.

What is a secondment agreement definition?

Secondment agreements allow for an employer to assign an employee to another organisation for a specified duration, for purposes of developing good business relationships; enhancing an employees particular skill set or for sharing the particular expertise of that employee with the host company.

What are the legal considerations of secondment?

A secondment agreement needs to include certain terms to be legally enforceable. Some clauses you may see in the standard secondment agreement include the duration of the contract, employment relationships, confidentiality, and how intellectual property is handled.

Are secondments confidential?

The employer and secondee must undertake to keep confidential all information acquired by the secondee from the host during the secondment period. This obligation ought to survive the termination of the agreement. The parties must also agree to the circumstances under which confidential information may be disclosed.

What are the issues with secondment?

Secondment risks Paying wages and making statutory wage deductions and contributions. Approving and supervising vacations, leaves, and accommodation requests. Disciplining the employee or terminating the employment relationship. Ensuring a position to return to upon completion of the secondment.

What is the law around secondment?

A secondment does not terminate an employees contract of employment; the contract continues to subsist during the period of secondment, and a key principle of the arrangement is that the employee is expected to return to his or her substantive post when the secondment ends.

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Alter Secondment Agreement