What legal aspects do I need to consider in an international employment relationship?
May 11, 2022 | 50,00 EUR | answered by Albrecht Zellmann
Dear Mr. King,
I am faced with the challenge of entering into an international employment relationship and am unsure of the legal aspects I need to consider. I have the opportunity to work for a company abroad, which is an exciting professional opportunity for me. However, I am aware that there can be many legal pitfalls in an international employment relationship that I would like to avoid.
The current situation is as follows: I am currently employed in Germany and am now being sent abroad for a longer period of time. My employers in Germany and abroad are to cooperate, and an employment contract is to be concluded for this time abroad. However, I am unsure if my existing employment contract in Germany remains valid and how I can ensure my rights and obligations in an international employment relationship.
My concerns mainly revolve around the question of which laws and regulations apply in the country where I will be working, and how I can legally protect myself in case of conflicts. I also wonder if there are any special tax aspects that I need to consider, and if there are differences in labor rights and obligations between my home country and the host country.
Therefore, my specific question to you is: What legal aspects do I need to consider in an international employment relationship? Are there any specific contract clauses that I should include in my employment contract to protect my rights? How can I legally protect myself in case of disputes or problems abroad?
I look forward to your detailed advice and thank you in advance for your help.
Sincerely,
Alexander König
Dear Mr. King,
Thank you for your inquiry regarding an international employment relationship. It is understandable that you are concerned about the legal aspects in such a situation and want to protect yourself. An international employment contract can indeed involve many specificities and pitfalls that need to be taken into consideration.
First and foremost, it is important to know that in an international employment relationship, both the law of the home country and the law of the host country can be relevant. Often, the employment contract specifies which law will apply in case of disputes. Therefore, it is advisable to include a so-called choice of law clause in your employment contract, clearly stating which law will apply.
Furthermore, you should ensure that all important points such as working hours, compensation, vacation entitlement, notice periods, and insurances are clearly and unambiguously regulated in the employment contract. Especially in an international context, it is important to overcome language barriers and ensure that all contract terms are understandable for both parties.
Regarding tax aspects, you should inform yourself in advance about the tax regulations in the host country. Often, there are special regulations for expatriates working abroad. It may also be advisable to seek advice from a tax consultant or an expert in international tax law to avoid tax pitfalls.
In case of disputes or problems abroad, it is advisable to seek legal advice early on. Often, international employment contracts include arbitration clauses, which regulate how disputes should be settled out of court. It may also be useful to inform yourself in advance about the legal options in the host country and possibly take out legal expenses insurance.
Overall, it is important to thoroughly inform yourself about the legal aspects before entering into an international employment contract and to seek professional support if necessary. I hope this information is helpful to you and wish you success in your international employment relationship.
Best regards,
Albrecht Zellmann
Attorney at Law specializing in International Law
