Secondment, Delegation, and Transnational Secondment

Currently, globalization increasingly shapes the labor market, making it more competitive. As a result, the concept of remote work has become more relevant and widespread. The delegation, secondment, and transnational secondment are three key concepts in this field, providing employees and organizations with opportunities to expand beyond geographical borders. In this blog article, we will explore the differences and similarities between these concepts, as well as the benefits and challenges associated with each.

Delegation

Delegation, according to the Labor Code, represents the temporary exercise, initiated by the employer, of certain works or tasks corresponding to the employee’s job duties outside their place of work.

The duration of the delegation is limited according to the law. It can be arranged for a period of up to 60 calendar days within a 12-month interval. The delegation can be extended for successive periods of a maximum of 60 calendar days, but only with the employee’s consent. The employee’s refusal to accept the extension of the delegation cannot be used as a reason for disciplinary sanctions against them.

During the delegation, the delegated employee is entitled to reimbursement of transportation and accommodation expenses, according to the provisions of the applicable law or collective labor agreement. Additionally, the employee receives a delegation allowance, as established by the law or the applicable collective labor agreement.

Responsibilities of the employer regarding delegation

Delegation can be arranged within the same unit, to a component unit, a subunit, or another unit. The employer is obligated to comply with the legal and contractual regulations regarding delegation, ensuring that all necessary conditions are met for its implementation in accordance with the provisions of the law.

Rights and obligations of the delegated employee

According to the Labor Code, delegation is an act of labor law and not an administrative act. The employee must understand that delegation is an obligation imposed by the employer, and unjustified refusal to comply can lead to disciplinary consequences, including termination of the employment contract. Therefore, the delegated employee has the obligation to respect the specific job duties of the delegation and to comply with the instructions and requirements of the employer in this regard.

Secondment

According to the Labor Code, delegation is an act of labor law and not an administrative act. The employee must understand that delegation is an obligation imposed by the employer, and unjustified refusal to comply can lead to disciplinary consequences, including termination of the employment contract. Therefore, the delegated employee has the obligation to respect the specific job duties of the delegation and to comply with the instructions and requirements of the employer in this regard.

The duration of the secondment is regulated by law. It can be arranged for a period of up to one year. In exceptional cases, the secondment can be extended, with the agreement of both parties, every 6 months when objective reasons require the presence of the employee at the employer to whom the secondment was ordered.

Responsibilities of the employer in the case of secondment

The employer who orders the secondment of an employee must comply with the provisions of the Labor Code and take all necessary measures to ensure that the employer to whom the secondment was ordered fully and timely fulfills all obligations towards the seconded employee. In case the employer to whom the secondment was ordered fails to fulfill its obligations, they will be fulfilled by the employer who ordered the secondment.

Rights and obligations of the seconded employee

The seconded employee has rights granted by the employer to whom the secondment was ordered. During the secondment, the employee enjoys the rights that are more favorable, either from the employer who ordered the secondment or from the employer to whom they are seconded. The employee is obligated to comply with the requirements and instructions of the employer to whom the secondment was carried out during that period.

Transnational Secondment

Transnational secondment refers to the situation where a company established in a European Union member state or in the territory of the Swiss Confederation Second its employees to another member state’s territory within the framework of transnational service provision. This definition is provided in Article 2(1)(b) of Law No. 16/2017. Transnational secondment applies in situations regulated by Article 5 of the same law.

Responsibilities of the employer in the case of transnational secondment

The employer who orders the transnational secondment of employees has certain responsibilities that must be complied with in accordance with legal regulations. These responsibilities include:

Compliance with the legislation: The employer must ensure that the transnational secondment complies with all applicable legal provisions in the destination country. This includes adherence to labor laws, regulations concerning wages and working conditions, as well as any other specific requirements of the state where the employees are seconded.

Ensuring the rights of the employees: The employer has the obligation to ensure that the seconded employees receive their rightful entitlements in accordance with the law and individual employment contracts. These rights include reimbursement of transportation and accommodation expenses, as well as the provision of a secondment allowance, as per the applicable legal provisions or collective labor agreement.

Health and safety protection of employees: The employer must ensure that the seconded employees benefit from safe and healthy working conditions in the destination country. This involves complying with occupational health and safety standards, providing appropriate personal protective equipment, and ensuring the necessary information regarding risks and preventive measures.

Rights and obligations of the seconded employee

The employees seconded within the framework of transnational service provision have certain rights and obligations that they must adhere to. These include:

Rights of the seconded employee: The seconded employee has the right to benefit from all the rights provided by the law of the country where they are seconded, following the principle of favorability. These rights include labor rights, remuneration, working conditions, and social protection that are more favorable than those provided by the law of the home country.

Obligations of the seconded employee: The seconded employee has the obligation to comply with the labor legislation and the requirements of the employer in the destination country. This includes adhering to the working schedule, code of conduct, and specific job-related requirements. The seconded employee must be aware of their rights and obligations and comply with them throughout the duration of the secondment.

It is important for both the employer and the employee to be informed and understand their responsibilities, rights, and obligations regarding transnational secondment. Adherence to these aspects contributes to the efficient and proper conduct of the secondment process, ensuring the protection of employees and compliance with legal provisions.

Similarities and differences between delegation, secondment, and transnational secondment

Delegation, secondment, and transnational secondment are all forms of workplace reorganization, but they have some significant differences. Here are some similarities and differences between these concepts.

Similarities

Temporaritate: All three forms involve a temporary change in the place of work.

Employer’s responsibilities: In all cases, the employer has the responsibility to ensure compliance with legal provisions and provide the seconded employees with their rightful entitlements, including reimbursement of transportation and accommodation expenses. Employee’s rights: Employees have the right to protection and fair working conditions in all forms of workplace reorganization.

Differences

Place of work: Delegation takes place outside the usual workplace, within the same territory, while secondment involves the temporary change of workplace within the same country. On the other hand, transnational secondment involves the movement of the employee to another member state or foreign territory.

Duration: Delegation can be arranged for a short term, usually up to 60 days, but it can be extended with the employee’s agreement. Secondment may last longer, depending on legal regulations, while transnational secondment does not have specific limitations on its duration.

Involvement of two employers: In the case of delegation and transnational secondment, the employee remains in the employment relationship with their initial employer, while secondment according to the Labor Code involves temporarily working under the authority and supervision of another employer, with a temporary interruption of the initial employment contract until the completion of the secondment contract.

In the end, each form of workplace reorganization has specific rules and requirements, and both employers and employees must be aware of the differences and adhere to the responsibilities, rights, and obligations corresponding to each form.

In conclusion, delegation, secondment, and transnational secondment are key concepts in workplace reorganization. Each of these forms involves a temporary change in the place of work, but there are significant differences between them regarding location, duration, and responsibilities involved. It is important for employers and employees to be aware of the rights, obligations, and benefits associated with each form of workplace reorganization, thus ensuring a safe, fair, and efficient working environment.