Sarah Harrop, a lawyer at Addleshaw Goddard in London, said: “It is important to explain how long the detachment is expected to last, what will happen at the end of the detachment and what will happen if the detachment ends prematurely.” In addition, the agreements should define any additional benefits or payments that the expatriate receives as part of the secondment. After opting for the best structure for a particular expat assignment, you need to decide how you recalled or documented the secondment. Think carefully before sticking a country of origin clause in expatriate documents, as the clause may contain laws on the protection of workers in the country of origin without termening the mandatory application of the host country`s employment protection. (There are a few exceptions, for example.B. China.) When an expatriate assignment ends or an expatriate is dismissed, a country of origin clause seems to help the expatriate more often than the employer, as it allows the transferee to choose from two sentences of occupational health and safety legislation. Instead of a choice of law clause of the country of origin, consider a legal choice clause of the host country or a clause simply requiring the law of the “workplace”, or even no legal choice clause. (The extraterritorial extent of the labour laws of the country of origin in certain scenarios, such as for example. B U.S. discrimination laws, which are related to the United States. Citizens who work overseas for U.S.-controlled employers may be a complication, but not a complication that eliminates the risks associated with choice of country of origin clauses in expat agreements.) Traditionally, expatriate secondments have occurred when a multinational has sent an employee abroad for one of three reasons: to support a foreign subsidiary, as an extension mandate, or to work abroad for the employer`s benefit in their home country. Today, however, multinationals increasingly view these “traditional” expatriate operations as less efficient – employers today are applying new mobility models such as commuter allowances, expanded business travel, rotations and more local operations. In summary, each country uses its own terminology to define the status of people who work in a country other than their country of origin.
It is therefore important to learn about the rights and obligations of workers in the host country before accepting a job abroad. As for “expatriate packages”, they are often offered to people specially recruited for secondment abroad or as part of an intra-group mobility programme. Stephen J. O. Maltby, a partner at Gibney, Anthony & Flaherty in New York, who leads Gibney`s immigration practice group, was also present at the event. Maltby, who oversees clients` immigration affairs for the firm, spoke at length about how immigration laws around the world “put many bumps in the way of international operations,” but said organizations should consider the entire image of the family and the wishes of the partner or accompanying children when considering international operations. . . .