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The detachment represents an instrument through which the job is temporary changed at the employer’s disposal, to another employer, for the purpose of execution of works in the interest of the latter in accordance with Article 45 of the Labor Code.
If the detachment is considered to change the type of work, this can be made only with the written consent of the employee. A detachment procedure becomes viable only after a decision issued by the employer where the employee detachment has concluded a labor contract.
The employee is given the most favorable rights: the rights from the employer who disposed the detachment or the rights from the other employer. If rights are more favorable to the employer to whom the employee is detached, his contract at the based employer may be suspended. The employee will receive all the rights of the company where he is detached.
The individual employment contract between the employee and the employer seconding is suspended, so the contract will be amended by signing an addendum to this detachment and the suspension of the contract during this period.
Download detachment decision model.
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