Secondment
Definition and origin of the term
The term “Secondment” comes from English and in a professional context refers to the temporary secondment or assignment of an employee from one organizational unit to another. Literally translated, “to second” means to assign or transfer someone temporarily. In German-speaking countries, the English term has become established, especially in internationally influenced work environments such as law firms, management consultancies, and large corporations.
A secondment is typically for a fixed term and can take place both within the same company (internally) and across companies. The goal is often to support specific projects, transfer know-how, or gain international experience.
Significance in the context of law firms
In a law firm setting, “Secondment” is often used to describe assignments in which employees work outside their own law firm for a defined period (usually several months). Typical scenarios include:
- Assignment to clients (client secondment): Employees work directly at the client’s premises for a limited period, support the client’s legal department, and gain valuable insights into the client’s processes and requirements.
- Assignment to partner law firms or other countries (international secondment): This enables a fixed-term placement in a partner law firm, often abroad. This enhances intercultural competence and fosters understanding of international contexts.
Secondments are considered an important aspect of personnel development in many law firms and offer opportunities for both professional and personal development as well as professional networking.
Framework conditions
Legal aspects
Secondments are subject to certain labor, tax, and often immigration law requirements. In the case of cross-border secondments, visa regulations, social security classification, or tax rules may need to be considered. The exact arrangements of the employment relationship – for example, who acts as employer during the secondment – are usually set out in a secondment agreement.
Organizational aspects
Before a secondment begins, the objective, duration, and scope of work are usually set out in a contract or supplementary agreement. Smooth implementation requires close coordination between the sending firm, the host organization, and, if applicable, the client. The strategy for return and reintegration into the previous work environment should also be taken into account.
Cultural aspects
A secondment, especially in an international context, places special demands on the adaptability and intercultural competence of the assigned person. The focus is on the exchange of working methods, acquisition of new perspectives, and the strengthening of relationships between the units involved.
Practical examples and typical scenarios
- Working in a client’s legal department: As part of a six-month secondment, a law firm employee works on site at an industrial company to provide legal support for a major project. In the process, she becomes deeply familiar with the client’s structures and contributes to building mutual trust.
- International secondment: An associate is seconded for three months to the London office of an international partner law firm to participate in cross-border transactions and gain insights into English legal practice.
- Internal secondment: Within a law firm with several offices, a team member takes on tasks in another city for half a year to develop country-specific expertise and foster internal company exchange.
Differences from similar terms and possible misunderstandings
Secondment is sometimes confused with similar concepts such as “internship,” “job shadowing” or “job rotation.” While internships and job shadowing are often intended for training or to get to know a new area of work, a secondment typically applies to already permanent employees and serves project-based or strategic development. The level of responsibility and integration during a secondment is usually higher than in an internship or job shadowing.
Job rotation, on the other hand, generally refers to a systematic change of workplace within a company for general qualification. Secondment is usually specific and tailored to particular assignments or projects.
Frequently asked questions
How long does a secondment typically last? Secondments usually last from several weeks to several months, depending on the purpose and the framework conditions of the assignment.Can a secondment result in a permanent transfer? In most cases, the secondment is temporary; however, it can occasionally lead to further assignments or a permanent position at the new location.What advantages does a secondment offer for early-career professionals? A secondment enables in-depth understanding of work at the client or in an international environment, helps expand professional networks, and can be highly significant for personal development.Who covers the costs of a secondment? The costs are usually borne by the sending or receiving law firm or by the client. The specific arrangement is agreed on individually.Is a secondment mandatory? Secondments are fundamentally voluntary and often part of individual development plans. However, they can also be a fixed component of personnel development programs in some law firms.How does a secondment affect your career? By gaining practical experience and expanding professional networks, a secondment can positively influence development and career prospects.
This article aims to provide orientation and practical insights into the meaning of secondments in the law firm context and to help clarify important questions.
Frequently asked questions
How is authority to issue instructions regulated under employment law during a secondment?
During a secondment – that is, the temporary assignment of an employee to a third party – the original employment relationship (with the ‘assignor’) generally continues to exist. Legally, the authority to issue instructions is regularly transferred to the third party (‘assignee’ or ‘host’) during the period of assignment, at least regarding the substantive, temporal, and local instructions required to fulfill the work. However, core contractual obligations such as salary payment, granting of vacation, and the right to issue warnings or terminate employment remain with the original employer (‘assignor’). It is essential that the scope of authority is regulated in detail in the secondment contract or a tripartite agreement (e.g., host, secondee, and home office) to avoid labor law conflicts or ambiguities regarding management rights.
What special features must be considered regarding social security for a secondment?
In the case of cross-border secondments, the question arises as to which social security law applies to the assigned employee. Within the EU/EEA and Switzerland, the provisions of Regulation (EC) 883/2004 apply, according to which, in principle, the social security law of the sending state may continue to apply for up to 24 months, provided the employee is seconded in the interest of their employer and is not replacing another assigned person. For states outside the EU/EEA, it must be checked whether a bilateral social security agreement exists. If not, so-called ‘double insurance’ may arise – the employee would then potentially have to pay contributions both in the home state and in the host state. A thorough case-by-case assessment is always required.
Who is responsible for the employer’s duty of care during a secondment, and how is this structured?
The duty of care under employment law primarily remains with the sending employer. This employer is obligated to ensure the well-being and rights of the assigned employee even during the secondment. This particularly includes compliance with labor and occupational health regulations, fair working conditions, and where necessary, assistance with visas and residence requirements. Nevertheless, the contract should state that the host company is also responsible for upholding duties of care concerning local workplace conditions (such as occupational health safety or the provision of necessary work equipment), so that a so-called “double duty of care” arises.
What co-determination rights of the works council must be observed in secondments?
The works council’s co-determination rights depend on whether it is considered a temporary transfer within the meaning of Section 95 (3) BetrVG. A secondment lasting more than one month is generally regarded as a transfer and therefore requires the consent of the works council. In addition, starting work abroad may sometimes require notification and participation pursuant to Section 99 BetrVG (personnel measures). If a new employment contract or supplementary agreement is concluded for the secondment, participation of the works council under Section 87 (1) No. 1 BetrVG (workplace regulations and conduct) may also be required.
What are the employer’s information obligations under labor law for a secondment?
The employer must provide the employee with all relevant contractual changes in writing before the start of the secondment, in particular changes relating to job duties, remuneration, duration, place of work, and any special arrangements (such as overseas allowances or return arrangements). According to the Nachweisgesetz (Evidence Act), there is a comprehensive duty to inform regarding all essential employment conditions. In the international context, information on applicable labor law, taxation, and, if applicable, social security issues must also be provided.
How is the return from a secondment secured under employment law?
To avoid disputes, the right of return of the employee, the workplace or position to which they will return, and how any adjustment or reintegration measures will be conducted should all be contractually determined when concluding the secondment agreement. Matters such as reimbursement of relocation costs, family reunification, or recognition of qualifications acquired during the secondment can also be contractually specified in advance. This ensures legal certainty for both employee and employer.
What are the employment law consequences of prematurely ending a secondment?
If a secondment is ended early, whether at the request of the employer, host company, or employee, the withdrawal or termination provisions in the secondment agreement apply. It must always be checked under employment law whether there is good cause for extraordinary termination or whether regular notice periods must be observed. It must also be clarified what employment law rights and obligations exist (such as return to the former position, settlement of outstanding payments, or entitlement to reimbursement of travel expenses). All parties should therefore make clear arrangements in advance for the event of early termination to avoid legal uncertainty.