Dear Clients and Business Partners,
Amid the increasing digitalization and flexibilization of the working environment, recent years have shown that companies increasingly deploy their employees within an extended group or matrix structure; consequently, the employees no longer operate at a purely local level and instead are increasingly active at a regional or
even global level. Today, employees are sourced from the global jobs market according to their qualifications and deployed anywhere in the world in accordance with operational requirements – whether on site, or in a purely virtual fashion. The available expertise can then be called up whenever needed and used in multiple
intragroup or external companies. Not least of all, this helps to satisfy the essential and continuous need for sharing experience and knowledge.
Having originally exempted intragroup secondments (“loan staffing” / Personalverleih) from many of the (sometimes restrictive) legal provisions over a 20-year period, the State Secretariat for Economic Affairs (SECO) has adopted an increasingly restrictive practice in recent years. This practice was formalized
through a revised directive and has since been developed further.
The following article shows the extent to which legal and official principles have developed over the past four years; it also explains what needs to be considered in practice in the current context and looks at the leading solutions that have now become established in the market.
Oliver Blum | Marc Philipp Gugger |
Partner, Legal Leader Industries | Senior Manager Legal, Head Employment Law |
Ernst & Young Ltd | Ernst & Young Ltd |