Cross-border Labor Law Compliance

Lesson

Learning Objectives

Specifics

Part 1

The Concept of Employment and Employer

in an International Context

• Understanding the importance of assessing the legal relationship between the parties involved; 

• Understanding the concept of Employment in international relations;  

• Understanding the concept of Employer in international relations;  

• Being able to recognize employment and the different forms of the Employer in practice. 

Duration video: 7 min

Number of pages handbook: 12 

Number of quizzes: 13

Part 2

The Extraterritorial Scope

of National Labor Law

• Understanding that each country has its own Labour Law regime;

• Understanding that a regime consists of several sources of Law;

• Understanding how these sources of law relate to each other within a national framework;

• Knowing that parties cannot deviate from mandatory provisions of Labour Law by an employment contract;

• Knowing that a Labour Law regime also has an extra-territorial scope;

• Understanding the risks that come with international employment when ignoring the extra-territorial scope of mandatory provisions.

Duration video: 7 minutes

Number of pages handbook: 5

Number of quizzes: 6

Part 3

The Tenet of Conflict of Laws

• Understanding the international scope of national Labour Law and knowing what this entails;

• Understanding the principle of Conflict of Laws and the circumstances that can lead to this conflict;

• Knowing the main rules and exceptions of the Rome I Regulation;

• Understanding what the global scope of Rome I implies;

• Understanding the limitations of a Choice of Law Clause;     

• Being aware of the consequences in terms of financial and reputational damages conflict of laws entails;

• Being able to proactively inform stakeholders and explain the Conflict of Laws' tenet.

Duration video: 27 minutes

Number of pages handbook: 14 

Number of quizzes: 13

Part 4

Recap - Rome I Regulation

Recapitulation of Part 3: What to do when multiple Labor Law regimes apply simultaneously.

Part 5

Assignment Constructions

• Knowing what is meant by the Termination construct

• Knowing what is meant by the Secondment construct

• Knowing what is meant by the Suspension I construct

• Knowing what is meant by the Suspension II construct

• Knowing what is meant by the Dual Employment construct

• Understanding that each construct has its own set of contracts

• Being able to recognize relevant contract parties to an assignment 

• Understanding that the construction of an assignment determines the assignee´s status in terms of labour rights, immigration, taxation, social security, and pension.

• Understanding that the absence of a flawless legal structure jeopardizes the construction.   

Duration videos (2): 20 minutes

Number of pages handbook: 18

Number of quizzes: 8

Part 6

Matching Profiles & Constructions

• Knowing the features of each Assignment Construction;

• Being able to distinguish Assignment Profiles;

• Being able to distinguish which Construction fits the respective Profiles;

• Knowing the main conditions for falling within the Scope of a National Labour Law regime;

• Understanding that the choice of Construction impacts the applicable Labour Law regime;

• Understanding that the Construction of an assignment determines the assignee´s status in terms of labour rights, immigration, taxation, social security, and pension;

• Understanding the importance of a proper legal structure to ensure the legal position of the parties involved.

Duration video: 7 minutes

Number of pages handbook: 18

Number of quizzes: 8