Secondment and outsourcing

Flexible deployment of personnel: opportunities and considerations

More and more organizations are utilizing flexible work forms such as broadcasting, secondment, and payrolling to quickly respond to changing staffing needs. These forms of labor offer flexibility but also bring legal complexity, particularly in the triangular relationship between employee, formal employer, and client.

Differences between broadcasting and secondment

Both broadcasting and secondment are based on a triangular relationship, but the legal interpretation differs:

• Temporary workers operate under the guidance and supervision of the client. Specific laws and regulations apply, including deviations from the chain regulation and collective labor agreement rules with a three-phase structure. This allows for longer temporary assignments than with regular employment contracts.
• Seconded employees generally continue to operate under the supervision of their formal employer. The law does not have separate rules for secondment, meaning the standard chain regulation remains applicable. Secondment is often used for specialized positions and longer assignments.

Legal considerations for clients

When hiring temporary or seconded staff, as a client you should consider:

• Wage relationship requirement: the contracted worker has the right to the same salary and working conditions as an employee in an equivalent position at your organization.
• Prohibition of hindrance (WAADI): restrictions on hiring the contracted worker are subject to strict conditions.
• Chain liability: you may be held liable for wages that the formal employer of the temporary worker or seconded employee has not paid.
• Reassignment obligation: in the case of reorganizations, temporary workers or seconded employees may have to yield to the internal reassignment of permanent staff.

Practical legal advice for employers

Our specialists have extensive experience with the legal aspects of broadcasting and secondment. We assist you in drafting correct agreements, assessing contracts, and preventing risks related to liability or false self-employment.

Do you want to ensure that your flexible deployment remains within legal frameworks? Contact our specialists for a consultation.