Drafting Employment Documents for Expatriates

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Drafting Employment Documents for Expatriates

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Examines how employment documents can be used to help manage home and host country immigration, employment, pension, data protection, tax and social security considerations

Globalisation of the world’s economies and increasingly mobile businesses are features of modern commercial life. As a result, assignment managers, employment lawyers and other professional advisers are frequently asked to draft employment documents for mobile employees. The related issues are complex and vary considerably with the countries to and from which the employee is assigned. Mistakes can prove surprisingly expensive. This book looks at how employment documents can be used to help manage home and host country immigration, employment, pension, data protection, tax and social security considerations, particularly at the start and end of international assignments.

Written from the employer's perspective, this is the first English language textbook to provide detailed guidance for UK lawyers and assignment managers who prepare expatriate documents - and those from other countries dealing with the same issues.

Drafting Employment Documents for Expatriates highlights the issues that those drafting the employment documents will need to think about and focuses on what needs to be done practically. The book includes chapters on identifying the appropriate employer, which country's laws apply and structuring the contracts, and covers typical features of expatriate employment arrangements, such as tax equalisation, relocation and family-related benefits. Supplemented by flowcharts, checklists and sample documents this book provides detailed guidance to how to approach drafting the documents. There is also a glossary of frequently used terms to help avoid some of the misunderstandings that can arise between those from different jurisdictional or technical backgrounds.

Business Objectives and Purpose of Documents
Is the Assignment Viable?
Identity of Employer
Length of Assignment
Structure of Arrangements and Documents Needed
Expatriate Pay and Benefits
Practical Things to be Covered by Documents
Which Country's Laws Apply?
Restrictive Covenants
Start Ups
Ongoing Management
Ending the Assignment
Getting the Job Done
Sending Expatriates to the UK
Sending Expatriates from the UK

Appendices

Glossary
Checklists
Framework Employment Documents

Juliet Carp, Solicitor, Speechly Bircham LLP

"This is a must have book for any global mobility professional"
Totally Expat News

"This easy-to-read and concise book is a must for all employment lawyers advising on overseas assignments ... the book is worth purchasing for the checklists alone ... it is also useful to clients themselves in terms of the issues that they need to be considering on a day-to-day level"
ELA Briefing