International staff assignments are diverse and assignment management is very complex. From short-term business trips to long-term assignments abroad: For these activities, the strategic, content-related and legal complexities must be implemented clearly and securely so that the course is set for a legally compliant staff assignment.
What exactly is an International Assignment?
An assignment involves the spatial and temporal relocation of an employee’s place of work, usually abroad. A distinction can be made between short-term and long-term assignments. On the one hand, there are short-term stays such as trips abroad of a few days to negotiate contracts, for example, and longer assignments such as assembly workers or service assignments, but also stays abroad lasting for years, which are accompanied by a permanent relocation of the employee’s centre of life.
Even a short-term trip abroad can cause legal problems. The provision of services within the European Union is regulated by Directive 2014/67/EU. This directive states that even short-term assignments within Europe are subject to reporting and documentation requirements, which vary from country to country. The aim of this directive is to protect posted workers and to ensure a legal framework that will provide service providers with more transparency and predictability. In addition, the coordination of social security systems is regulated by Regulation 883/2004. This makes it necessary to apply for the so-called A1 certificate in the event of an assignment. Depending on the country, this also applies to long-term assignments.
Under labour law, a long-term assignment abroad will lead to a comprehensive need for an adjustment to the employment contract, up to and including the establishment of a new, additional employment relationship/contract with the (affiliated parent/sister/subsidiary) company abroad. The long-term assignment of an employee abroad is generally not possible based solely on the employment contract and the employer’s managerial prerogatives, especially if the work to be carried out is not part of the employee’s usual activities. Otherwise, the employment contract has to be extended and agreed anew according to the new area of assignment and activity (illustration of the employer’s duty of care).
For years, IAC GmbH has been your competent partner, offering you full support in all areas of international assignments. In order to make our cooperation with our customers even more efficient, we have developed a digital solution for recording and ordering your short-term business trips. You can register your employees for cross-border service provision in a few steps in compliance with data protection regulations. Please find all relevant information here. Of course, we also support you in all questions and challenges regarding long-term assignments abroad. Please feel free to contact us.