This Posting Agreement has been issued [insert label] of [insert month and year] between Mott MacDonald Limited, Mott MacDonald House, 8-10 Sydenham Road, Croydon, CRO 2EE, United Kingdom (company number 1243967) (hereinafter referred to as „the Employer”) and The Coal Authorityity of 200 Lichfield Lane, Mansfield, NG18 4RG (hereinafter referred to as „the Host Company”) (and collectively „the Parties”). Secondments may take place within an employer or a group of employers. In these cases, the agreement can be relatively informal. The idea behind a secondment agreement is that the detached person remains in the employ of the original employer during the assignment and „returns” to the person willing to publish after the end of the assignment. This POSTING AGREEMENT („Agreement”) is dated 13. November 2018 (the „Effective Date”) between Equitrans Midstream Corporation, a Pennsylvania Corporation („ETRN”), EQM Midstream Partners, LP, a Delaware limited partnership (the „Company”) and EQM Midstream Services, LLC, a Delaware limited liability company and the general partner of the Company („Limited Partner”). ETRN, the Partnership and the General Partner may be referred to herein individually as a „Party” or collectively as the „Parties”. The seconded person may benefit from sufficient protection on the basis of the existing provisions of the posted person`s employment contract. However, it is likely that it will want to stress the need for confidentiality during secondment and possibly introduce new restrictive provisions to prevent the seconded person from competing with the seconded person or poaching staff on his or her behalf.

A „secondment” is the process by which an employee moves to another company for specific purposes for a certain period of time. Assignments can take place nationally and internationally. At Cantwell & Goldman PA, our international business lawyers can prepare posting agreements on behalf of foreign and U.S. employers, as well as review and negotiate posting agreements on behalf of senior executives. If the seconded person is a citizen or resident of the Republic of South Africa and is seconded to work in South Africa, there are no restrictions on the duration of a posting contract. There is a risk that, despite the provisions of the posting agreement, an excessively long posting may give rise to the expectation of employment on the part of the host Member State. It is therefore advisable to determine the purpose and duration of the detachment. The agreement may contain provisions on the possible extension of the posting. 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 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.

In the absence of an agreement to the contrary, ownership of the intellectual property created by an employee in the context and extent of his employment is transferred to the employer. Therefore, in cases where the posting involves the creation of new intellectual property, the host and the employer must indicate in the agreement who will be the owner of the intellectual property created by the delegate in order to avoid disputes at a later date. Workers considering moving abroad must follow these guidelines for posting agreements: Appointment to a position in the internal civil service („civil service”) is subject to the Constitutional Reform and Governance Act 2010 and the Civil Service Commission`s recruitment principles issued by the Public Service Commissioners. The Principles exclude secondments of up to two years to the public service from the requirement that selection for appointment be made on the basis of a fair and open competition. If it is possible to make a dismissal, it is necessary to determine the duration of the dismissal and whether the seconded person will have the opportunity to serve the notice period in order to terminate the posting or simply his or her employment relationship with the posting. 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. After your agreed secondment to Stockport MBC as part of the Regional Adoption Agency, below you will find a posting protocol detailing the terms of the posting agreement. This article describes the employment relationship between the primary employer and the posting employer, as well as other important employment issues. If you are an employee who is considering applying for a secondment or an employer who is considering sending someone to another organization, we hope this reading will be helpful. In most cases, the agreement involves the secondment of a specific person. However, if the assignment officer or host chooses the employee to provide the services, the process must be carried out in the same manner as a normal recruitment. If the secondment is made to a separate legal entity, e.B to another member of the employer group, the employer and the host may wish for a formal agreement. A posting occurs when an employee (or group of workers) is temporarily assigned to another organization or part of their employer.

Performance management when seconding an employee should not be overlooked, especially in the case of a longer secondment. The parties may provide for a mechanism to keep the employer informed of the posted worker`s performance. If the essential service areas differ during a secondment due to the services provided, the seconded person must be informed in advance. Regardless of the legal situation, the secondment and the host may contractually agree on who bears the costs of responsibilities to the seconded person (e.g. B for its health and safety) and for the actions of the posting during the posting, and include appropriate compensation in the agreement. This Agreement is conditional on the Company obtaining a license from the UAQ Free Zone Authority, provided that the Company has a valid license during the term of this Agreement. When you agree to participate in a secondment, the terms of the posted person`s employment contract are inevitably changed. The posting agreement must therefore provide that the seconded person accepts the modification of the conditions of employment.

The employer must therefore ensure that the posted person accepts the agreement before concluding the posting agreement. The seconded person must be a party to the agreement or otherwise accept the terms and conditions that affect the seconded. The seconded person must disclose the personal data of the publication to the host as part of the secondment and it is unlikely that this disclosure will require the explicit consent of the seconded person, as this is in the „legitimate interest” of the employer (paragraph 6, Annex 2, DPA). However, if the seconded person wishes to disclose sensitive personal data, he or she will need the express consent of the seconded person. As a rule, the seconded person continues to pay the salary of the seconded person and all associated costs (in particular income tax and social security contributions). If the detachment is a commercial agreement, the host will usually reimburse these fees. However, it should be clear that liability and indemnification clauses in a secondment agreement are central 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. .