South Africa Law
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Secondment takes place when the employee's services is placed at the disposal of another company, department or institution for a specific duration and upon specific conditions, provided that upon the expiry of the secondment, the employee returns to his/her original position. The secondment is not an instruction but it is something that must be consented to by the employee.
Secondment in the public sector takes place in terms of Section 15(3) and (4) of the Public Service Act.
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You must remember that an employment agreement is a reciprocal agreement. The terms and conditions thereof can not be unilaterally changed by the employer. Unless the secondment, as an instruction, has been agreed to in the original employment contract, the employee's consent will have to be obtained. To my knowledge there is no legislation, except for the Public Service Act, which allows for secondment when it is in the public interest, which will allow for a secondment to be an instruction which must be obeyed by the employee.
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