Employee Secondments

Abstract

It has become common for employees to be seconded to foreign countries. Germany, as an export nation, has traditionally had close links to foreign markets, and foreign companies often second their employees to Germany. There are many different reasons for such secondments, for example, where the company has entered into a new market and the employee is tasked with setting up a local branch office or entering into a joint venture to establish a presence the new market. Sometimes, an employee is seconded to a foreign office to coordinate development and expansion, or to bring specific expertise into the new market. In all cases, however, both employer and employee face many issues that should be addressed in advance of the secondment. Consequently, the terms and conditions of the secondment contract should be carefully drafted in order to avoid disappointment or dispute among the parties in the event of termination of the secondment as well as in cases where the employment itself terminates.