|General||Visas, work and residence permits, agreements, registrations, insurance and education|
As case manager, Van Velzen C.S. directs and guides the entire process of formalities related to expatriation and secondment of employees worldwide. In addition to services related to mandatory visas, work and residence permits, Van Velzen C.S. provides services regarding international employment matters, to ensure legal compliance with home and foreign country's laws and regulations. Such services include drafting or review of (local) employment agreements with (future) foreign employers, of secondment agreements, of tri-party agreements, applications for A1 (formerly E101) declarations, and arranging for mandatory notifications and registrations, such as Limosa (Belgium) and new hire reporting and employment eligibility verifications abroad. Van Velzen C.S. also introduces the client and the employee to be expatriated, to 3rd parties, like insurers and foreign education experts.
|Visas, work and residence permits|
Living and / or working abroad - specifically non-EU - normally implies the prior obtaining of a visa and / or work permit with subsequent residence permit issuance, depending on the country involved.
Such processes can be time-consuming, while the outcome can be unsure for long time. These topics should be addressed at commencement of plans for foreign employment or residence. Van Velzen C.S. includes these topics in Struccorp*.
* Struccorp. is a protocol of Van Velzen C.S. that sees to the proper structuring of a foreign entity combined with other group entities, in order to obtain and retain maximum opportunity for im- and expatriation of managers and specialists within the group; also see Corporate Services.
Together with local partners visa and work permit – and subsequent residence permit - procedures are prepared and gone through, often simultaneously with the Establishment Phase of a foreign entity.
|Agreements||Drafting, reviewing and rewriting of (local) employment, secondment and tri-party agreements|
Depending on the preferences of all parties involved, an employer may choose to continue an employee's home-state employment, while the employee will be (temporarily) seconded abroad ("secondment"). In this situation, a secondment agreement will be drafted, containing sections relevant to secondment, such as housing, additional insurances, expat allowances, etceteras.
Another option is to temporarily adjourn home-state employment and arrange for a (foreign) local employment agreement with the proposed foreign employer, for the duration of the secondment ("semi-secondment"). In this case, a so called tri-party agreement is drafted, in order to establish the relationship between the home-state (adjourned) employment agreement and the foreign (local) employment version thereof. Sections relevant to a tri-party agreement (i.e. illness, discharge, bankruptcy, etceteras) will be included. Van Velzen C.S. assists clients with the various options and schemes applicable and drafts all related agreements.
|A1 (E101) declarations|
Sometimes, continuation of a home country's social security scheme is preferred, while temporarily working abroad. Van Velzen C.S. sees to the proper handling of procedures according to applicable rules and regulations, avoiding administrative hassle, while preventing gaps in an employee's pension plan.
In an increasing number of countries - within as well as outside the EU - it is required to obtain an A1 declaration (or similar), before commencing employment or contract work. Van Velzen C.S. assists with applications for such declarations.
|EU notifications and registrations|
In more and more EU countries, it is legally required to notify authorities about a foreign (EU) worker coming to perform work in that EU country, prior to commencement of the work. In some member states such notification procedure even applies to performance of services for a very short period of time, which often is the case with consultants, engineers and maintenance people. Government (directed) inspections related to compliance with such notification procedures have increased over time. Examples of notification / registration requirements are Limosa in Belgium and registration with the Work Environment Authority in Sweden. Van Velzen C.S. assists with declaration / notification / registration requirements abroad.
|Non-EU notifications and registrations|
Often, employees – irrespective of their nationality – need to be reported or registered, prior to commencement of activities in a foreign country. Examples are employment eligibility verification and new hire reporting in the United States. Van Velzen C.S. assists with such reports and registrations.
THE FOREGOING CONTAINS GENERAL INFORMATION, IS FOR INFORMATIVE PURPOSES ONLY, IS GENERAL IN NATURE, AND IS NOT INTENDED TO BE EXHAUSTIVE OR AS A SUBSTITUTE FOR COMPETENT LEGAL / PROFESSIONAL ADVICE. APPLICABLE RULES AND REGULATIONS ARE OR MAY BE CONTINUOUSLY SUBJECT TO CHANGE. NO RIGHTS ARE TO BE DERIVED FROM THE CONTENTS OF THIS INFORMATION.