According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European  30 Aug 2018 Structuring Employment Contracts for Border-Crossing Employees. By Donald C. Dowling, Jr. Share this:. 3 Oct 2018 In today's globally interconnected world of work, cross-border issues play When drafting employment agreements which relate to several EU  EU social security rules for cross-border employees. Maintained | Practice notes | European Union, Iceland, Liechtenstein, Norway, Switzerland, United Kingdom. 19 Mar 2018 When employers and employees are located in different jurisdictions, cross border issues arise. This article will explore the following three  26 Dec 2017 Cross Border Employer Blog The employment contract is typically (and advisably) in writing, but in some countries an oral contract is a legal 

Cross-Border Employment Contracts, Choice of Law, Choice of Forum, and the Enforcement of Cross-Border Judgments in the European Union. Henry Drummonds. Abstract. The global labor markets require workable and predictable law, forums, and recognition of judgments for the enforcement of cross-border employment contracts.

In an ever-globalizing world, employers must pay special attention to the taxation issues of cross-border employees. Employment contracts need to be analysed  15 Aug 2018 Thus, for employees, the physical location where the work is performed counts. ( Different rules apply for non-executive directors and the self-  Most issues involving social security in cross-border work situations are covered Additionally the Netherlands has separate agreements with many countries. Their employment agreements contained a compulsory retirement age of 55 and expressly stated that the law of Hong Kong applied. The pilots were nearing the 

We can help you with: employee and executive recruitment and termination,; contracts of employment,; HR policies and handbooks,; consultancy agreements,  

Cross-border issues. Labor and employment law issues have become as globalized as the world of business and commerce. As a member of L&E Global, SBDL 

Cross-border employment contracts may allow those working in the US to participate in employee benefit plans available to other US senior employees or employees generally. However, alternative provisions may appear, promising to provide employees with "substantially" comparable benefits or benefits comparable "in the aggregate" to those in their home country.

one country. Their border-crossing status relates to recruitment, not employment.4 Avoid structuring foreign hires as expatriates. • In-house expat benefits program. An expatriate benefits program is an organization’s package of paid global mobility extras like moving expenses, housing allowance, tax Cross-border employment contracts - practical considerations for the multinational employerby Howard Pianko and Gretchen Harders, Epstein Becker & GreenRelated ContentThis chapter sets out practical advice and guidance on drafting an employment contract that will be effective in several jurisdictions. The relevant issues are discussed from the perspective of a non-US multinational company recruiting an employee to work in the US.Free Practical Law trialTo access this resource, sign up for a The primary agreement of a co-/dual-/joint-employee expat is often with the host country employer entity, but by definition a co-/dual-/joint-employee expat retains privity of employment contract with the home country employer. The expat’s home country employment arrangement may become dormant or may “hibernate,” but it is not extinguished. Hibernating home country agreements complicate expat dismissals when they “spring back to life.” Be careful to suspend or hibernate home The way cross-border contracts are written is considerably more complex than those needed for domestic deals so you and your legal team need to carefully scrutinize the contract’s wording for potential risks, such as harsh penalties for late delivery, onerous indemnity clauses or clauses related to transfer of intellectual property. Also, look out for unexpected additional costs such as insurance requirements, performance guarantees, warranties, delivery conditions etc. Cross-border employment & secondment Senior employees with technical and management expertise are desirable commodities. They are very mobile in the modern world, and think nothing of moving across borders, either permanently or on secondment. In employment contracts with a cross-border reach, it is always necessary to determine the objective law to which the contract is to be subject and to what extent this may be deviated from by way of a choice-of-law clause. While the primary deciding factor in this context is the place in which employees generally perform their work, a number of problems may be encountered when determining

According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward), if the contract sets out which law applies, the law chosen by the parties regulates the employment relationship except if it

5 Oct 2016 Cross-border payroll: Some guidelines for payroll professionals. By Nicolette policy, as well as in the individual employee contracts. A payroll  According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward), if the contract sets out which law applies, the law chosen by the parties regulates the employment relationship except if it has for result of depriving the employee of the protection afforded to him by the mandatory rules of law which would be applicable in the absence The employment contract is typically (and advisably) in writing, but in some countries an oral contract is a legal and enforceable. Thus, it is important to consider how an offer is articulated: an offer letter sent to an individual outside of the U.S. will very often be considered by the recipient as the final contract of employment. Cross-border employment contracts may allow those working in the US to participate in employee benefit plans available to other US senior employees or employees generally. However, alternative provisions may appear, promising to provide employees with "substantially" comparable benefits or benefits comparable "in the aggregate" to those in their home country. The way cross-border contracts are written is considerably more complex than those needed for domestic deals so you and your legal team need to carefully scrutinize the contract’s wording for potential risks, such as harsh penalties for late delivery, onerous indemnity clauses or clauses related to transfer of intellectual property.

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