On 15 October 2015, we looked at the issues which arise in relation to an internationally mobile workforce. Although employment and immigration laws are local in nature, the laws of more than one jurisdiction may be relevant when dealing with executives who move around the world and complex conflict of law issues may arise when an employer seeks to enforce contractual terms in different countries. We will be looking at some recent developments that impact on the following areas:
- Secondment agreements and international employment agreements: you may be seconding the employee or transferring them to another (local) employing entity. Which is preferable will depend on the circumstances but, either way, what do you need to take into account in drafting your documentation?
- Restrictive covenants: the approach taken to post-termination covenants can vary hugely depending which country’s courts are involved. This is equally relevant whether the covenants are contained in an employment contract or an incentive plan. How do you make sure that your covenants will be enforceable regardless of what country the employee is based in?
- Global HR policies: to what extent can you operate policies that apply equally across different countries? We will look at the legal and cultural considerations that should be taken into account.
- Disputes: employment disputes can arise in relation to contractual and statutory employment rights. Can you control which country’s courts the claims will be brought in and what laws will be applied? When will a secondee be able to bring a claim back in the UK courts despite working abroad?
- Work and residency permits: is a work permit required and if so, which category is most suitable, and will residency authorisation also be required for accompanying spouse and children? Is the employee travelling in and out of the host country in advance of the assignment, and if so, will that cause any problem for the work-authorised admission down the road?
- Audits, tracking and sponsorship complexities: how are you tracking the status periods for each employee and business traveller, and is the relevant compliance record ready for the host government audits which are increasingly unannounced? Do you face any limitations in terms of foreign national ratios in country? If the company has not yet established a business in the host country, are you able to work through an agent, such as a staffing or payroll facilitator?
Our session will be equally relevant to HR professionals and in house lawyers, whether you are managing ad hoc international secondments or a large-scale globally mobile workforce. Or simply if you are employing employees in countries outside the UK. As always, we will focus on the practical issues that we know arise from our dealings with our clients on these topics.
For additional information, please contact: E:
or T: +44 20 3130 8349