Service Occupancy Agreement Tupe

7. Oktober 2021

A service occupancy licence could be subject to the same conditions as a lease agreement. An agricultural worker who, in the course of his activity on the agricultural holding, is placed at the disposal of a closed house may automatically be considered as residing in the immovable property under an „insured agricultural occupation“. From the perspective of an agricultural employer, the security of farm tenure has many potential pitfalls and agricultural workers should therefore be treated with caution. However, employers should ensure that, if the employee`s employment meets the normal tenant requirements, the profession can be considered a service tenant, regardless of whether the agreement may expressly claim to refute the creation of a rental agreement. Note that the employment contract is also concerned. You should include in the terms and conditions of employment a specific condition that the employee resides in the service accommodation. This is essential. A user who has a service occupation is called a service user. The security of the seniority of service users is explained on the „Service Users“ page. An insured agricultural resident whose employment ends is not automatically required to leave the estate after termling his or her employment. If the worker does not voluntarily dispose of the property, the employer must go to court and the court will decide whether the worker should leave. If the worker is still a service agricultural worker, the employer may be obliged to provide alternative housing. In addition, the spouse and, in certain circumstances, another family member of an insured agricultural resident who dies during his occupation, automatically has the right to assume the occupation of the property.

However, there may be circumstances in which an employer wishes to determine the service element provided by the use of the service. An example is a situation where payment is negotiated centrally or negotiated agreements are followed informally. The employer may wish to take into account the increase or decrease in the market value of the dwelling as a factor in the assessment of all wages. A true occupation of the services creates a license and not a rental agreement, and it is therefore out of the question for the user to acquire a guarantee of ownership. The occupation is related to the employment relationship – the termination of the employment relationship terminates his right to employment. . . .