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Cultural Issues – An employee who is transferring from London to the People’s Republic of China may need some cultural norms/expectations incorporated into the contract.
This is extremely important because it offers the employee protection from unfair dismissal and gives them the right to a redundancy payment, dependent on their service.
Unilateral change cannot be forced on behalf of the employer, so all the changes need to be skilfully negotiated. You know your employee but you do not know how they will adjust to life in a new country.
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For more job notifications and news feed, interested candidates can regularly visit our website and get the latest job notifications and Gulf newspaper employment opportunities here.They also need to decide whether these obligations can be suspended when working in the new country and, if they cannot, will this involve them travelling back to their original workplace to fulfil training obligations? An employer must carefully consider, and make clear in the contract, any changes in tax procedures that will occur when working in the host country.Clawback Provision – An employer needs to consider what happens if an employee moves to a competitor firm once he arrives in the new country. Will the employer deduct the tax in the source country?Is the employer offering tax return services to the employee?7) As an employer, you have a duty not to expose your employee to unnecessary risk.Holidays – The public holidays may be slightly different in the new country.An employer needs to decide who will authorise the holidays; will it be the normal line manager or the boss in the new country?One of the first questions that needs to be asked is who should be the employer when the employee moves to a foreign office.It could either be the current employer or, alternatively, the Host employer if there is a suitable entity in the destination country, e.g. There will inevitably be an impact on tax and social security so that is likely to be a driving force in deciding on the right employer.It is essential that the employee’s contract reflects what is expected of him or her in their new role abroad, and specifies the changes in line manager, salary, role, duration of role and other changes.Head of Employment Merrill April compiles the top ten tips that employers should think about when sending their employees to international offices.