Avoiding HR Pitfalls While Managing Overseas Assignments: Your 10-Point Checklist

More businesses than ever are sending people overseas. The rewards of developing new markets can be great, but the multitude of different legal systems mean there are also bear traps to be avoided—especially on the human resources (HR) and employment law side. Fortunately, most of these traps can be avoided by forward planning and ensuring the employment engagement is on sound footing.

ISSUES TO CONSIDER WITH ANY ASSIGNMENT

First, it is worth mentioning some practical issues that apply to any assignment to a new workplace, whether overseas or not, and whether you are sending or receiving the employee.

1. Which company is the employer?

Assignments may be to another entity, such as a new subsidiary company or to a company with which you do business. Where another entity is involved, you will need to consider which entity will be considered the employer. The existing employer will generally continue as the employer unless there is a reason for it to be the host.