CROSS-BORDER EMPLOYMENT ISSUES

With our global footprint and vast network of local resources, BCLP’s Global Mobility Practice is well-positioned to support our clients as their workforces grow and evolve.

BCLP’s global footprint extends to 32 locations around the world. Where we don’t have our own offices, we have trusted friends with whom we consistently partner to seamlessly support our clients as one team.

With true global coverage, we are able to offer our international clients unparalleled depth of knowledge on the legal aspects of managing a global workforce, including expatriate transfers around the world.

HOW WE CAN HELP

Each global business is different and each client’s needs vary.

In response to our clients’ changing  needs, we offer a range of legal services, including but not limited to :

• High-level advice setting out key employment law, commercial tax, corporate, and immigration watch-outs for specific countries
• Trusted partnership as organizations seek to align their global footprint with business objectives, including establishing new entities and engaging contingent labor workforces
• Strategic advice for harmonizing HR, compensation, and other employment and data-protection policies and practices across borders (including bridging the gap between local and global programs)
• Practical solutions for managing and implementing changes to an international workforce, including investigations, terminations, trainings, and negotiations with works councils and trade unions
• For expatriate workforces:
• Advice on the unique questions presented by managing an expatriate workforce, including restrictive covenants, performance management, compensation, and considerations when restructuring or reorganizing
• individual and specific legal support for expatriate transfers focused entirely on the needs of the particular transferring employee (normally only requested for very senior executive- level transfers)

THE BIGGER PICTURE

We know that our clients rely on cross-functional teams to manage their global and mobile workforces, so the work we do to support them is not the whole story. Our experience, deep bench, and adaptability help us seamlessly integrate within our clients’ broader teams in a manner that protects the client’s interests while achieving their business objectives.

For example, when it comes to expatriate transfers, we understand that getting the documentation right is essential, but not the only thing. The nuts and bolts of an international move are typically handled by international relocation experts. We will happily work with whomever your service provider is, to assist with any ad hoc legal work that may be required. In addition, by partnering with our clients’ preferred external immigration specialists we serve as a one-stop shop for global transfers, expansions, and management. 

IN FOCUS: WHAT WE DELIVER FOR EXPATRIATE TRANSFERS

For corporate clients with ongoing expatriate transfers, we typically will agree on a deliverable (content and format) first, which then can be used for all subsequent expatriate country pairings.

To facilitate our advice, we also can agree to standard-form instructions to be completed by your HR or global mobility teams (typically setting out the individual’s demographic details and key information about the foreign assignment).

We are able to include high-level legal input covering:

• The employment law landscape
• Immigration issues (using our or your preferred immigration advisers)
• Corporate tax (permanent establishment) issues

We also can assist with developing standard- form documents for your international transfers, such as assignment letters, giving you consistency in your approach. Of course, for your VIP employees, you may need a more dedicated legal approach. We can provide that as well.

We will coordinate whichever resources you may need for your legal work, whether BCLP or otherwise, and coordinate invoicing so that what you receive is a one-stop shop approach to billing.

Where appropriate, we also are able to offer fixed-price charging for repeat legal services.