Messenger International experience is crucial for attaining senior leadership roles in multinational organisations. Currently, only one in four outbound expatriates from Australia are women. This situation might be unintentionally limiting women in their career progression. Despite the increasing focus on gender equality in the workplace over the last 10 years, progress in female participation in offshore work assignments has been slow.
Your Point Checklist Author: August 14, More businesses than ever are sending people overseas. The rewards of developing new markets can be great, but the multitude of different legal systems mean there are also bear traps to be avoided—especially on the human resources HR and employment law side.
Fortunately, most of these traps can be avoided by forward planning and ensuring the employment engagement is on sound footing.
Issues to Consider With Any Assignment First, it is worth mentioning some practical issues that apply to any assignment to a new workplace, whether overseas or not, and whether you are sending or receiving the employee.
Which company is the employer? Assignments may be to another entity, such as a new subsidiary company or to a company with which you do business. Where another entity is involved, you will need to consider which entity will be considered the employer.
The existing employer will generally continue as the employer unless there is a reason for it to be the host. Overseas assignments is important to be clear about which company is the employer in documentation and to ensure that the arrangement is followed in practice, with the employer dealing with matters like Overseas assignments, appraisals, and payroll.
Confusion over which company is the employer can expose the parties to dual employment liabilities and dilute the main employer's control over the Overseas assignments. Since local employment law protections vary substantially by jurisdiction, many companies will want to try to take steps to ensure that the laws of the country where the existing employer is located govern the arrangement.
Although this is often discussed in documentation provided to the employee, note that the vast majority of employees are able to avail themselves of the labor courts, and local-law protections, in the country where the work is performed. Therefore caution should be taken to address these conflicts of laws issues, both at the outset and at the termination of the assignment.
Protection of confidential information and customer relationships. The employee on assignment will be in a position in which he or she could potentially cause harm to both the main employer and host.
The employer will hopefully have protection via appropriate clauses in an employment contract or some form of business protection agreement. Note that none of this will provide any protection to the host, and it may be sensible for the host to require the employee to sign a confidentiality and business protection agreement.
Obligations between the main employer and the host. Consider whether an agreement between the main employer and the host is appropriate. For example to deal with issues like whether a replacement would be offered if the employee became incapable of work, anti-poaching provisions, and which company will undertake appraisals, discipline, and day-to-day management.
Frequently, accounting firms will advise that the two organizations enter into an intra-company secondment agreement, setting out the business rationale of the assignment and allocating responsibility for costs and liabilities.
These agreements often contain recitals specifically intended to protect one entity or the other from exposure under tax and other legal requirements. Going Overseas When an assignment is overseas, there are further considerations for businesses: International employment tax rules are complicated and ignored at your peril.
To be prepared, you may want to talk to an internationally competent firm of accountants for advice about any obligations in relation to the employee's personal income taxation and payroll obligations and to rule out any other taxation issues.
Most employers will offer tax equalization to ensure their employees are no worse off in higher tax countries. It goes without saying that the individual sent overseas for an assignment must have a legal right to work in the country in question.
Proper immigration status is always an absolute requirement. Note that many countries require the employee to have a local employment contract as a precondition to receiving proper work authorization.
Local employment laws vary considerably. Companies take a risk with their management time and money if they fail to ensure that assignment documentation and termination processes comply with local laws. Similarly, dismissing someone in many countries without the approval of a court can result in an invalid dismissal ruling and substantial back pay awards.
Another potential risk for the unwary is using non-compete clauses in countries that require compensation to be paid on termination in return for such clauses, which can be expensive for an employer that did not expect that or even want to enforce the covenant.
Employers will want to find out the local customs that may impact the working relationship. For example, some countries have month payrolls to deliver extra salary at Christmas or for the summer holidays.
Public holidays may also differ in the host country. The usual practice is to require the employee to take the public holidays recognized in his or her host country rather than his or her home country.
Directorships and other positions of responsibility. Carefully consider what you are planning to bestow on an individual in the form of directorships, bank mandates, etc.
In particular, give thought to what is involved in removing these responsibilities and appointing a replacement if the need arises. This issue can prove very problematic at the time of what may be an acrimonious departure.
You may want to consider your employee's family needs such as schooling, housing, and flights.Overseas travel may be involved. Experience in working on projects involving international exposure / plombier-nemours.com and Responsibilities. Being chosen by your company to handle an overseas assignment can be an exciting, rewarding experience.
Unless, of course, you get sent to the "wrong" country. Unless, of course, you get sent to the "wrong" country. Hello there,I will be heading out to basic in August and have just been thinking of what I might want to put on my dream sheet when I get there.
Was wondering if anyone knew just where we the Coast Guard can be stationed specifically out of CONUS and the. unaccompanied overseas assignment to a location where requisite EFM services are not provided.
(c) Laws and instructions require the following: 1. EFMs identified before execution of overseas assignments of active duty members. 2. EFMs' medical and educational needs be. The increasing number of international assignments requires professionals who are skilled in global operations; yet a recent survey found that as many as two in five managers fail when they’re sent abroad.
Traditionally, overseas assignments have been the pathway to career development and advancement within an organization.
While this is still the case, much more thought and preparation than ever.