Monthly Archives: June 2021

Overseas Posting: Legal Issues With Sending Executives Abroad

Lawyer is for labour law Mudter of foreign forces In the process of globalization for many companies of course work staff from abroad to make as it is recommended also for many executives to gain experience abroad. These employees are often referred to as expatriates. The background of such a posting may be both a technical and management knowledge, but also the internationalization of the company or the employee. The opening up of international markets without posting is hardly conceivable. The benefits of posting are evident on both sides. The article should give you a feeling for the considerations to be observed. The posting is a complex decision family, but also legally. Already in the run-up to a lot should be clarified.

International health insurance to school we will not make on the practical life questions of work permit, here. We will try to give you a feeling for the labour law and tax issues. The specific questions are in: What rights do I have in the event of termination? What right does at all? What happens after return? To what extent German tax law applies? Can still tax entitlements on me come to after returning? Everything goes smoothly, these only in parts questions. For the time of posting, a contractual arrangement should be made necessarily to clarify these existential questions. This is in the interest of employers and employees. This is of course not. Often only the posting is confirmed or a few emails going back and forth. A detailed contract is not the rule.

Many posting contracts have loopholes. An effective contract of posting is not the rule. Employment the posting is a hot iron”. Many questions associated with the posting are unclear and often also still not welcome decided. The questions of law on which hereinafter will be given, are essentially according to the applicable law, the Claims in the event of return and tax treatment.

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