Secondment Contracts: Several Problems

The secondment contract is a new one in Russian legislation, and the question of its legal nature is both of theoretical and practical interest. The article analyzes the contents of such contract, legal status of its sides. As a result of the conducted researches the author has reached the conclusion that the secondment contract cannot be recognized as a paid service contract, but it is a package contract mentioned in the legislation, the regulation of which is carried out using the norms of civil and labour laws. In addition, the problem of determining the parties of the secondment contract was considered in present article. The author noted that such contracts can be made not only by the private employment agencies but by other legal entities, including foreign legal entities and their affiliates (excluding individuals). The author proposed an unusual approach to the definition of "foreign entity" and "affiliate" which claims an attention. Also in the article were analyzed the legislative provisions restricting the possibility of concluding secondment contract.