legal contracts

Secondment clause uitgelegd | HFSFreelancers.nl

2 min read260 words

A secondment clause is a contract term you may encounter as a freelancer. It allows your client to temporarily assign you to work for another company, like a partner or subsidiary.

What is Secondment clause?

A secondment clause is a provision in a freelance contract. It permits your direct client to 'loan' your services to a third party, such as their affiliate or business partner, for a defined period. You perform work for this other entity, but your contractual and payment relationship typically remains with the original client.

Why is this important?

This clause is important because it changes who you work for day-to-day without changing your contract. You need to know who will manage you, provide tools, and own the work you produce. It can affect your liability and the scope of your project if not clearly defined.

How does it work?

In practice, your client informs you of the secondment. You then report to and complete tasks for the third-party company. Your original client remains responsible for paying your invoices as per your agreement. The clause should specify the secondment's duration, the new supervisor, and any changes to confidentiality rules.

Pros and cons

Potential pros include gaining experience with a new organization and strengthening your client relationship. Key cons to consider are unclear responsibilities, potential conflicts between the two companies, and the risk of scope creep if the secondment's terms are vague.

Conclusion

A secondment clause can be a standard part of business contracts. As a freelancer, your priority is to ensure the clause is specific about the arrangement's limits and protections. Always review such terms carefully before signing to avoid future misunderstandings.
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