Other important clauses that normally appear in a posting agreement are as follows: the employer should also retain responsibility for managing the secondment`s performance during the posting, including the handling of capacity and behavioural issues. This necessarily requires feedback from the host on how well the Second is working for him – a certain period of time may be included in the agreement to require the host to regularly provide the employer with reports on the second`s progress. It is good practice for the employer and the host of the sending agreement to briefly explain the personal data processed by each posted worker during the posting, the reasons and the legal bases on which the reasons are based. It should also be remembered that consent to an employment relationship is generally not considered “voluntary”, so appeal to another ground (e.g. B the performance of a contract or a legitimate commercial interest) is preferable. Ideally, the agreement sets the duration of the secondment. There are other circumstances in which the parties wish to provide for the termination of the contract. For example, the parties must consider whether they should terminate the contract in the event of a general impossibility of performance or by termination for infringement or whether the posting proves to be unfit for work. The parties may also provide for erasure of termination or agreement. In the absence of an agreement to the contrary, the intellectual property created by a worker in the context and extent of his employment is the responsibility of the employer. Since the posted worker is always employed by his employer, the most sensible thing is for the employer to be responsible for these matters. If the posting is a foreigner, the period of posting is limited to the duration indicated in the posted worker`s work visa. Section 19 of the Immigration Act 2002 requires foreigners who plan to work in South Africa work visas (in the form of a general work visa, a work visa for critical skills or an internal company transfer visa).
General work visas are valid for the duration of the employment contract with a maximum period of five years; Work visas for critical skills are valid for a period not exceeding five years and work visas for intra-company transfers are issued for a period of four years and cannot be renewed or extended. The posting agreement should set a fixed duration for the posting, which has normally been discussed in advance between the employer and the host. . . .