The detachment of workers, defined by Article 45 of the Labor Code, is the action of the temporary changing of job, at the employer’s disposal to another employer, for the purpose of execution of works in the interest of the latter.
The employee will not sign any individual labor contract with the employer who is detached at. In addition, the current labor contract employee has detached it cannot be subject to any addendum signed by the employer in whose favor emerges.
During the detachment, the employee retains the function and all other rights under the 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.
If the more favorable rights are at the based employer, he has the obligation to issue a decision of detachment between the two companies, decision that contains at least:
The period of detachment may not be more than one year. In exceptional cases, this period may be extended for objective reasons that require this employee to the employer ordering the detachment, with the agreement of both parties, from 6 to 6 months.
In the event that the rights are more favorable at the employer where the employee is detached, the based employer will have the following obligations:
The employer to whom the employee is detached has the following obligations:
Information to be completed in Revisal
The based employer registers in ReviSal the suspension of employment of detached worker and completes the following mandatory information:
The deadline is 19 days from the day preceding the date on which the decision takes effect.
The based employer will also register to ReviSal the termination of detachment – the date of termination and the first day the employee retake the activity at the initial work place.
In case of first register an end date of suspension and that is exceeded, the based employer will first extend the detachment (change the end date in ReviSal) and then operate the termination within 19 working days from the effect production.
The basic employer is required to complete and submit the fiscal statement 205.
Since the employer to whom the detachment is made doesn’t sign a labor contract, he has no obligation of operating in ReviSal.
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