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Sunday, June 01, 2008 --- 95 days ago http://www.whitecase.com/Publications/Detail.aspx?publication=1811
| Probably the most common question of international employment law is: Which countries' employment laws apply to expatriates and other border-crossing employees? This is obviously an important question in arranging any mobile job, expatriate posting, or "secondment," but this question becomes vital when a multinational needs to fire an international employee: it has been said that a terminated expatriate or mobile employee who can "forum shop" has "powerful ammunition in negotiations over compensation." P. Frost and A. Harrison, "Company Uniform," The Lawyer (London), December 11, 2006, at 21. To determine which countries' laws apply in international employment, start by assuming that the local employee protection laws in the host country where an international assignee works apply by force of mandatory law. Employee protection laws tend to be mandatory rules that apply by mandatory laws that apply to all who work in the host country — even foreign-citizen workers who purported to opt out of local law, such as with a choice of home-country law provision. These host-country employee protection laws with mandatory force tend to be the laws that get to the heart of the employment relationship: local laws on firing, pay, hours, rest, vacation, overtime, safety,wages, labor unions, mandatory benefits, discrimination, and (very commonly) restrictive covenant/non-compete/trade secret rules. ... |
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