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International employment law & mobility

INTERNATIONAL EMPLOYMENT LAW

Lawyers in international employment law and employee mobility

The employee changes country. The employment relationship must change with them.

When an employee moves to another country, several questions arise immediately: who remains their employer? Which company do they work for? Which contract applies? Who bears their pay? How should their return be organised?

For a director, the consequences can also affect the company itself. Expats Law Firm supports SMEs and groups with the international mobility of their directors and staff.

DEFINING THE MOBILITY

Expatriation, secondment, transfer or local contract?

We examine:

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    length of the assignment;

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    whether the original contract continues;

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    legal employer;

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    host entity;

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    duties actually performed;

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    line management authority;

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    place of work;

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    pay and benefits;

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    social security;

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    planned return.

This analysis then determines the appropriate documentation.

EMPLOYEE CONTRACT

Planning for more than a new work address

Our work may cover:

  • expatriation contract;

  • secondment;

  • international mobility amendment;

  • local contract;

  • transfer between entities;

  • pay;

  • benefits;

  • housing and expenses;

  • duration and leave;

  • return and termination.

INTRAGROUP SECONDMENT

An employment contract alone does not organise the relationship between two companies

When the employee works for the benefit of another entity, the following must also be organised:

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    management authority;

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    responsibilities;

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    salary and benefits;

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    costs;

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    recharging;

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    confidentiality;

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    length of the secondment;

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    return.

An intragroup agreement can complement the individual documentation.

EXPATRIATE EXECUTIVES

An executive's mobility often goes beyond employment law

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    Contract or corporate office.

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    Pay.

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    Social security.

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    Place of decision-making.

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    Tax residency.

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    Effective management.

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    Permanent establishment.

These issues can come together in a single matter.

FRANCE • CANADA • UAE

One move, three very different employment environments

Rules on contracts, social security status, employment and immigration vary widely from one country to another. Our approach is to build a consistent framework around the international assignment rather than dealing with each document separately.

Sending an employee abroad is an HR decision. Organising it across several countries becomes an international legal operation.

FREQUENTLY ASKED QUESTIONS

International employee mobility

International employee mobility

What is the difference between expatriation and secondment?

What is the difference between expatriation and secondment?

Is a new contract always required?

Is a new contract always required?

Is an agreement between the two companies useful?

Is an agreement between the two companies useful?

Should the return be planned from the outset?

Should the return be planned from the outset?