This varies from temporary work on short-term projects within the EU (postings) to long-term secondment of employees to countries outside the EU (assignments/secondment).
Wherever necessary, the Corporate and Commercial sections contribute their knowledge and experience e.g., by adding legal clauses to purchase & sale agreements in order to facilitate postings and assignments, while providing appropriate protection should sanctions be imposed for any violation abroad.
We report postings to local authorities and assist with preparing and applying for visas and work and residence permits.
We also provide services in the field of international employment law. For example, we ensure that employees can work in accordance with foreign laws and regulations.
We coordinate, draft or rewrite:
We also take care of the necessary notifications and registrations abroad, where required.
In addition, we arrange introductions to third parties with expertise in areas such as insurance (with foreign coverage), education (for accompanying children) and payroll services.
Working and/or living abroad means that you will probably need a visa, work permit and residence permit, especially outside the EU.
Such procedures can be labour-intensive and time-consuming. It is important to start this process well in time, usually at the same time as the establishment phase - the Corporate part - abroad. We conduct a visa survey to determine which visa options are available to the employee and which best suits the desired situation. We then assist with the application for the necessary visa and/or work permit, prepare the application and submit it.
An employer may choose to retain an employee who is (temporarily) seconded to another country.
Another option is to temporarily suspend the home country employment contract and enter into a local employment contract with the receiving foreign company for the duration of the secondment.
We assist in choosing between the various options and draw up the required agreements.
These agreements cover the following matters, among others:
We assist with notifications and registrations abroad, both for secondment within the EU and outside the EU.
In almost all member states of the European Union and Europe in general, there is a notification requirement for foreign workers, such as service engineers, who temporarily perform work in another member state. In most member states, a notification is mandatory regardless of the (short) duration of the work. Compliance is systematically monitored, both by local authorities and by (potentially indirectly liable) customers in the EU, who in case of non-compliance may refuse access to their site.
Examples of such reporting requirements are Limosa in Belgium, SIPSI in France and registration with the Work Environment Authority in Sweden. In addition, we assist with any applicable mandatory VAT registrations abroad and the appointment of local representatives in the member states.
In most cases, an employee - regardless of nationality - must be registered or reported at the start of work in a country outside the EU.
Examples include employment eligibility verification and new hire reporting in the United States. However, this also applies closer to home. Take Norway, for example.
Norway is not an EU member state, which means that formalities prior to a posting often take longer than within the EU. Timely preparation is essential.
Prior to commencing work, a notification must be made to the Norwegian tax authorities. In addition, foreign companies must register in Norway with a so-called NUF, which can take several weeks.
Every foreign employee must appear in person at a tax office in Norway for an ID check. There are also additional formalities, including applying for HSE cards, payroll reporting and applying for and obtaining a Norwegian VAT number in order to be able to import goods.
We guide you through these processes.
Non-compliance with posting rules in any EU and European country can lead to significant financial and other penalties. The chosen management model can also play a role in this. We ensure maximum risk mitigation in this area.