Cross-border secondment of workers

On 18 June 2016, the Act No. 351/2015 Coll. on cross-border cooperation in secondment of workers to perform work in service delivery will come into effect.

In order to differentiate between secondment and foreign business trip a distinctive feature is the fact that the secondment means a cross-border provision of services by the employer through its employees to the benefit of a service receiver. In the case of the foreign business trip no cross-border provision of services is provided, i.e. the employee performs work for its employer, but generally not in favor of third parties (e.g. employee attends a business meeting, training, i.e. its activities do not compete with workers in the territory of another country).

What are the obligations arising from the new law for an employer?
1. Secondment of an employee is subject to his consent, resp. secondment agreement, which must include: the start date and the end date of secondment, the type of work during the secondment, the place of work during the secondment and salary conditions during the secondment.
2. The employer is obliged to guarantee the working and employment conditions under foreign law of the country of secondment and to inform the employee about them (on working time and annual leave even in writing).
3. The sending employer must fulfill reporting obligations towards the labor inspection authorities in the country of secondment, according to the according national legislation of such country.
4. It is necessary to ensure the Form PD A1 in Slovak Social Insurance Office (if time of secondment does not exceed 24 months).

Please contact us if you are interested in finding out more about this issue. We would be pleased to offer you legal services in this area.

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