Employment Contracts and Immigration Considerations for International Assignments in EU
In today’s globalised landscape, international assignments have become a fundamental aspect for companies looking to expand their global footprint, motivate their employees, and manage costs effectively. These assignments offer a myriad of benefits, including business expansion into new markets, enhanced employee motivation through new challenges and experiences, and potential cost savings through leveraging talent across borders.
However, navigating the complexities of employment contracts and immigration procedures is essential for Human Resources professionals to ensure legal compliance and smooth operations. Let's dive into the key aspects of employment contracts and immigration in the context of international assignments, particularly focusing on the European Union (EU).
1. Types of Contracts during International Assignments:
1.1. Work Contract:
The foundational form of an employment contract is the work contract, where the employing company manages payroll and legal responsibilities. It adheres to labor laws in the employee's work country, with possible modifications for favorable conditions during secondments.
1.2. Secondment:
Secondments involve temporarily assigning an employee to work in a different setting (other department, team or organization) while maintaining their original employment status. Different types include secondments to the client site and Intra-Company Transfers (ICT).
Secondment projects may take place within the same country or internationally. Our primary focus will be on secondments to EU countries, emphasizing general rules and main things to keep in mind.
1.3. Business Trip – Schengen Visa:
Business trips may blur lines with international assignments. Understanding distinctions is crucial, emphasizing activities like meetings, client visits, and networking. Clarity on the purpose and activities is essential for legal compliance.
We strongly advise any HR professional organizing an international assignment to begin by clearly defining two key aspects:
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2. Immigration in the EU:
Navigating immigration in the EU requires a sound grasp of work-related immigration paths. Here are common routes in European countries:
- Skilled Workers/Highly Skilled Migrants Programs: Targeting skilled professionals with job offers in high-demand fields.
- Unskilled Workers/Permanent Hire Programs: Catering to regular workers with job offers.
- Blue Card Scheme: Attracting highly skilled non-EU workers with specific job offers and salary criteria.
- Intra-Company Transfers: Facilitating moves for employees within multinational corporations.
- Seasonal Work Visas: Meeting temporary labor demands in sectors like agriculture and tourism.
- Entrepreneur and Investor Programs: Offering visas for investments or starting businesses.
- Research and Academic Opportunities: Providing avenues for researchers and academics.
- Van Der Elst Visa: Enabling non-EU employees to work temporarily in another EU member state without an additional work permit, fostering intra-corporate transfers.
Each immigration route involves distinct steps, varying from job advertising to obtaining work and residence permits. Understanding criteria, validity periods, and family reunification processes is crucial for successful international assignments.
Moreover, it's important to note that immigration policies are subject to change, and the specific details of each program can vary.
In conclusion, HR professionals embarking on international assignments should master the nuances of employment contracts and immigration pathways to ensure seamless operations and regulatory compliance.
To delve deeper into employment contracts and immigration considerations for international assignments in the EU and to explore how our services can support your needs, feel free to schedule a consultation with our team. Click here to book a meeting.