What role does international labor law play in the secondment of employees abroad?
April 17, 2023 | 40,00 EUR | answered by Gerald Endres
Dear International Law Attorney,
I am reaching out to you as the managing director of a medium-sized company facing a complex challenge. Our company is planning to send employees abroad to establish new business relationships and carry out projects. However, I am unsure about the role of international labor law in this situation and the legal aspects I need to consider.
Currently, we have about 10 employees who are to be sent abroad for a period of 6 months to 2 years. This assignment is of great importance to us as it allows us to explore new market opportunities and strengthen our international presence. However, I am aware that there may be numerous legal pitfalls when sending employees abroad, especially regarding employment contracts, social security obligations, tax law, and occupational health and safety regulations.
My main concern is that we may unintentionally violate international labor laws, leading not only to legal consequences but also jeopardizing the trust of our employees and business partners. Therefore, it is crucial for me to clarify all relevant legal aspects in advance and minimize potential risks.
So, my question to you is: What role does international labor law play in sending employees abroad, and what specific legal steps must our company take to ensure a legally compliant assignment? Are there any specific contract clauses or documents that we should prepare before sending our employees? I would greatly appreciate your expert advice and support on this matter.
Best regards,
Leon Stamm
Dear Mr. Stamm,
Thank you for your inquiry regarding the assignment of employees abroad and the legal aspects associated with international labor law. As the managing director of a medium-sized company, you are facing an important challenge, as sending employees abroad can entail numerous legal pitfalls. It is understandable that you are considering how to minimize potential risks and ensure a legally compliant assignment.
International labor law plays a crucial role in the assignment of employees abroad, as it governs the relationship between the employer, the assigned employee, and the respective legal regulations of the host country. It includes regulations on employment contracts, social security obligations, tax law, and occupational safety regulations. It is important that you familiarize yourself with the specific labor law provisions of the host country to avoid potential conflicts.
When assigning employees abroad, you should first ensure that the employment contracts of the assigned employees comply with the legal requirements of the host country. It is advisable to create special assignment contracts that clearly regulate the conditions of the assignment and protect the rights of both the employer and the employee. These contracts can include provisions on working hours, remuneration, social benefits, return modalities, and legal jurisdictions, for example.
Furthermore, you should address the social security obligations of the assigned employees in the host country to ensure that all necessary contributions are made. Additionally, it is important to consider the tax aspects of the assignment to fulfill potential tax obligations for both the company and the assigned employees.
Moreover, you should ensure compliance with the occupational safety regulations of the host country to ensure the health and safety of the assigned employees. It is advisable to conduct a comprehensive risk analysis before the assignment and take measures to minimize work-related risks if necessary.
Overall, it is crucial that you address the legal aspects of assigning employees abroad early on and seek expert advice if needed to minimize potential risks and ensure a legally compliant assignment. I am available for further consultation and support.
Best regards,
Gerald Endres
