{"$schema":"https://json-schema.org/draft/2020-12/schema","title":"Secondment Letter (Directive 96/71/EC as amended by 2018/957)","description":"Inter-company cross-border secondment letter between a sending employer established in one EU Member State and a host entity established in another. Implements the information obligations of Directive 96/71/EC Art. 3 (core terms and conditions of employment that must be guaranteed in the host Member State) and identifies the applicable social-security regime under Reg. (EC) 883/2004 Art. 12(1) (typically evidenced by Portable Document A1).","type":"object","required":["letter_date","letter_reference","sending_employer","host_entity","secondee","secondment","remuneration","social_security","host_country_conditions","return_rights","governing_law","signatures"],"additionalProperties":false,"properties":{"letter_date":{"type":"string","format":"date","description":"Date the secondment letter is issued to the secondee."},"letter_reference":{"type":"string","description":"Sending employer's internal reference for this secondment letter."},"sending_employer":{"$ref":"#/$defs/party","description":"Employer established in the sending Member State with whom the underlying employment contract is and remains in force."},"host_entity":{"$ref":"#/$defs/party","description":"Group undertaking or host entity in the host Member State to which the secondee is posted (Art. 1(3)(b) Directive 96/71/EC)."},"secondee":{"type":"object","required":["family_name","given_name","date_of_birth","nationality","personal_identifier","home_address","current_role","employment_start_date"],"additionalProperties":false,"properties":{"family_name":{"type":"string","minLength":1},"given_name":{"type":"string","minLength":1},"date_of_birth":{"type":"string","format":"date"},"nationality":{"type":"string","pattern":"^[A-Z]{2}$","description":"ISO 3166-1 alpha-2 nationality code."},"personal_identifier":{"type":"string","description":"National ID or social-security number in the sending Member State."},"home_address":{"type":"string"},"current_role":{"type":"string","minLength":1},"employment_start_date":{"type":"string","format":"date","description":"Start date of the underlying employment contract with the sending employer."}}},"secondment":{"type":"object","required":["purpose","host_role","work_location","start_date","end_date","reports_to","working_hours"],"additionalProperties":false,"properties":{"purpose":{"type":"string","enum":["project_delivery","knowledge_transfer","management_assignment","training","business_development","integration"],"description":"Business purpose of the secondment."},"purpose_detail":{"type":"string","description":"Free-text elaboration of the purpose, e.g. specific project name."},"host_role":{"type":"string","minLength":1,"description":"Role title the secondee will hold at the host entity during the secondment."},"work_location":{"type":"string","description":"Primary place of work in the host Member State (Art. 1(3)(a) Directive 96/71/EC)."},"start_date":{"type":"string","format":"date"},"end_date":{"type":"string","format":"date","description":"Scheduled end date of the secondment. Posting duration is relevant for Art. 3(1a) Directive 96/71/EC (additional host-state rules after 12 months, extendable to 18 months on motivated notification)."},"reports_to":{"type":"string","minLength":1,"description":"Name / role of the line manager at the host entity for day-to-day supervision. The employment relationship with the sending employer is preserved (Art. 14(1) Reg. 987/2009)."},"working_hours":{"type":"string","description":"Weekly working time during the secondment — must respect the host Member State's working-time rules per Art. 3(1)(a) Directive 96/71/EC."},"extended_posting_notified":{"type":"boolean","default":false,"description":"Whether the sending employer has notified the host authorities to extend the initial 12-month application of host-country rules to 18 months under Art. 3(1a) Directive 96/71/EC."}}},"remuneration":{"type":"object","description":"Remuneration package — the equal-pay principle of Art. 3(1)(c) Directive 96/71/EC as amended by 2018/957 applies: the secondee must receive at least the remuneration mandated by law, regulation or universally applicable collective agreements in the host Member State.","required":["base_salary_amount","base_salary_currency","payment_frequency","paying_entity","expat_allowance_amount","expat_allowance_currency","tax_equalisation","benefits"],"additionalProperties":false,"properties":{"base_salary_amount":{"type":"number","exclusiveMinimum":0},"base_salary_currency":{"type":"string","pattern":"^[A-Z]{3}$"},"payment_frequency":{"type":"string","enum":["monthly","bi_weekly","weekly"],"description":"Pay cycle."},"paying_entity":{"type":"string","enum":["sending_employer","host_entity","split_payroll"],"description":"Which payroll disburses the salary. Typically the sending employer retains payroll for Art. 12(1) Reg. 883/2004 postings."},"expat_allowance_amount":{"type":"number","minimum":0},"expat_allowance_currency":{"type":"string","pattern":"^[A-Z]{3}$"},"expat_allowance_nature":{"type":"string","enum":["reimbursement_of_expenses","part_of_remuneration"],"description":"Per Art. 3(7) Directive 96/71/EC (as amended), allowances paid in reimbursement of expenses actually incurred (travel, board, lodging) are not part of remuneration."},"tax_equalisation":{"type":"boolean","description":"Whether the sending employer applies tax-equalisation so the secondee's net position is held harmless against host-country tax."},"benefits":{"type":"array","items":{"type":"string"},"description":"Additional benefits maintained or added during the secondment (health cover, housing, schooling, home-leave flights, etc.)."}}},"social_security":{"type":"object","description":"Applicable social-security designation under Reg. (EC) 883/2004. The standard intra-group secondment remains under sending-state legislation per Art. 12(1) and is evidenced by Portable Document A1.","required":["applicable_regime","designation_basis"],"additionalProperties":false,"properties":{"applicable_regime":{"type":"string","enum":["sending_state","host_state","multi_state"],"description":"Which Member State's social-security legislation applies to the secondee during the secondment."},"designation_basis":{"type":"string","enum":["art_12_1","art_13","art_16_exception","host_registration"],"description":"Legal basis for the designation under Reg. (EC) 883/2004."},"a1_reference":{"type":"string","description":"Reference number of the Portable Document A1 issued by the competent institution of the sending Member State, when already obtained."},"competent_institution":{"type":"string","description":"Name of the competent social-security institution issuing the PD A1."}}},"host_country_conditions":{"type":"object","description":"Mandatory host-country working conditions guaranteed to the secondee during the secondment (Art. 3(1) Directive 96/71/EC as amended by 2018/957: maximum work / minimum rest, minimum paid annual leave, remuneration, conditions of hiring-out, health/safety/hygiene, protective measures, equal treatment, accommodation).","required":["host_member_state","minimum_rest_rules","paid_annual_leave_days","applicable_collective_agreement","health_and_safety_rules","accommodation_standards"],"additionalProperties":false,"properties":{"host_member_state":{"type":"string","pattern":"^[A-Z]{2}$","description":"ISO 3166-1 alpha-2 code of the host Member State."},"minimum_rest_rules":{"type":"string","description":"Host-state rules on maximum work periods and minimum rest periods (Art. 3(1)(a) Dir. 96/71/EC)."},"paid_annual_leave_days":{"type":"number","minimum":0,"description":"Minimum paid annual leave in working days applicable in the host Member State (Art. 3(1)(b) Dir. 96/71/EC)."},"applicable_collective_agreement":{"type":"string","description":"Universally applicable collective agreement in the host Member State whose terms bind the secondment (Art. 3(8) Dir. 96/71/EC)."},"health_and_safety_rules":{"type":"string","description":"Host-state health, safety and hygiene rules (Art. 3(1)(e) Dir. 96/71/EC)."},"accommodation_standards":{"type":"string","description":"Host-state rules on accommodation conditions where the sending employer provides accommodation (Art. 3(1)(h) Dir. 96/71/EC)."}}},"return_rights":{"type":"object","description":"Guarantees to the secondee at the end of the secondment.","required":["return_role","return_location","continuity_of_service"],"additionalProperties":false,"properties":{"return_role":{"type":"string","minLength":1,"description":"Role to which the secondee returns with the sending employer at the end of the secondment — at minimum equivalent to the current role."},"return_location":{"type":"string"},"continuity_of_service":{"type":"boolean","description":"Whether length-of-service and seniority continue to accrue under the sending-employer contract throughout the secondment."},"early_termination_notice_days":{"type":"integer","minimum":0,"description":"Notice period in days that either party must give to terminate the secondment early (without prejudice to the underlying employment contract)."}}},"governing_law":{"type":"object","required":["employment_contract_law","jurisdiction"],"additionalProperties":false,"properties":{"employment_contract_law":{"type":"string","pattern":"^[A-Z]{2}$","description":"ISO 3166-1 alpha-2 code of the law governing the underlying employment contract (normally the sending Member State; without prejudice to mandatory host-state rules per Art. 3 Dir. 96/71/EC and Art. 8 Regulation (EC) No 593/2008 (Rome I))."},"jurisdiction":{"type":"string","description":"Courts with jurisdiction for disputes arising under this letter."}}},"signatures":{"type":"object","required":["sending_employer_signatory","secondee_acknowledgement_required"],"additionalProperties":false,"properties":{"sending_employer_signatory":{"type":"object","required":["name","role"],"additionalProperties":false,"properties":{"name":{"type":"string","minLength":1},"role":{"type":"string","minLength":1},"signed_at":{"type":"string"}}},"secondee_acknowledgement_required":{"type":"boolean","description":"Whether the secondee is required to counter-sign this letter as acknowledgement of its terms."}}}},"$defs":{"party":{"type":"object","required":["name","address","member_state","identifier"],"additionalProperties":false,"properties":{"name":{"type":"string","minLength":1},"legal_form":{"type":"string"},"address":{"type":"string","minLength":1},"member_state":{"type":"string","pattern":"^[A-Z]{2}$","description":"ISO 3166-1 alpha-2 code of the Member State of establishment."},"identifier":{"type":"string","description":"National company / VAT / employer identifier."},"contact_person":{"type":"string"},"contact_email":{"type":"string","format":"email"},"contact_phone":{"type":"string"}}}}}