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associated agreement, particularly with regard to their, validity, interpretation, execution or non- execution, before or after this contract is executed will be referred to the relevant authority with jurisdiction in Geneva.
21. In an Employment Contract between M/s. Renault (RGM) and Mr. Stephane HOBLINGRE, a French National, the preliminary recital indicate that in this contract, unless otherwise stated or the contrary intention appears, 'Employer' means either, RGM or the Host Company, as the context may require, but not both. It is further stated that "Host Company" means the company to whom the employers are sent on International Transfer. The articles of this employment contract, are as under:

The conditions for this international transfer are defined in an appendix to this contract and will also apply to Host Company when it is an Employer. The Host Company defined in Attachment A of the appendix may change without modifying anything of this contract, in which case, a new attachment will be executed between both parties.

ARTICLE 2- Mr. Stephane HOBLINGRE will be eligible for REMUNERAT remuneration as stated in Article 2 of the Appendix. ION The salary payable (including social security contributions) will be calculated on the basis of a gross annual notional basic salary, which for Mr. Stephane HOBLINGRE is set at 50753 Euros per annum.

From the Gross Annual Notional Salary, a net annual notional basic salary will be arrived at after deducting the following:

Home Social Contribution: 11402 Euros Home Hypothetical Taxes: 2034 Euros Net annual notional basic salary: 37719 Euros This gross annual notional basic salary at the end of international transfer will act as the new gross annual salary for the reintegration ARTICLE 3- This employment contract includes further VALIDITY employment to any other Host country during which OF THE period the RGM employment will come to an end, EMPLOYMEN subject to what is stated in this employment contract, T CONTRACT and the Host Company will be the Employer abiding by the terms and conditions of this contract. The Host Company will abide by the terms of this contract by signing the appendix to this Contract as an Employer.

33. We also note that under the employment contract the expat, i.e. the seconded employee, for the duration of her or his secondment, is under the control of RNTBCI, and works under the appellant's directions. Yet, the fact remains that they are being loaned on a temporary basis by the Home company to the appellant. As per article 3 of the employment contract, the contract will automatically cease to take effect at completion of the duration of the international transfer, and the employment contract with the Home company will automatically restart and take effect at that date. This is also emphasized in the appendix to the contract at article 8 titled reintegration, which again stipulates that at the end of the international transfer, the employment contract and this appendix will automatically cease to apply and the expat will be automatically reinstated by the Home Company to an equivalent position and such reintegration is being done on the basis of the gross annual notional basic salary for the home company at the date of return. Thus, the expat's employment with the home company can, at best, be stated to have been made temporarily inactive. In other words, it is not terminated, and the expat continues to retain his lien on his employment with the home company, even while it is inactive/suspended. Thus, the conspectus of the entire contracts when read conjointly appears to indicate that even though there is a dual employer-employee relationship, one between the Home Company and the expat, and the other between the Host Company and the expat, the employer-employee relationship between the Home company and the expat overwhelmingly overshadows and looms large over the employer-employee relationship between the Host Company and the expat, as the predominant relationship between the two simultaneously existing dual employer-employee relationship. We say so, for the reason that while the contracts are structured to reflect operational control of the expat with the Host Company while on secondment, the liability to pay the amounts as per the local laws governing social security contributions or pension contributions being made by the Home Company in its relationship with the expat as the Home Company's employee, coupled with the fact that the expat apparently continues to retain his lien on his employment with the home company, even while it is inactive/suspended and further the fact that on the cessation of the secondment period, they have to be repatriated in accordance with the employment contract that has been entered into between the Home Company and the Expat and exclusively applies for the duration of the International transfer activity; clinches the truth that the ultimate legal liability and responsibilities of an employer, towards the expat as an employee, is always with the Home Company in so far as the expat is concerned.