Expatriation/detachment

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The employee can be affected abroad for a more or less long period. According to the case, it will be of a detachment or an expatriation. The only difference between these 2 statutes lies in the social protection of the employee.

The work contract takes an international character then.
  • Which are its characteristics?
  • With which law it is forwarded?
  • Which is the court of competent jurisdiction in the event of litigation?
  • What does it occur in the event of breach of agreement? Does the employee have obligatorily to be reinstated in France?
  • Which is the statute of the paid envoy abroad (remuneration, vacation…) ?

According to whether it is detached or expatriated, the employee abroad profits from a different social protection.
  • How to distinguish expatriation and detachment?
  • Which is the regime applicable to each situation?
  • How the employee is covered in the event of job loss?

Our synthesis: Expatriation/detachment

 
The legislation being complex, our Lawyers carried out for you a synthesis entitled “Expatriation/detachment” which answers the whole of the interrogations enumerated below:
  • Which is the difference between expatriation and detachment?
  • What is what an international work contract?
  • Does the international work contract have to be obligatorily written?
  • Does the employer have to give an order of mission to the employee?
  • Does one need the agreement of paid for its its sending abroad?
  • Which formalities the employer does it have to achieve before the departure of the employee?
  • Who deals with the vaccination of the employee when it is necessary?
  • Is it possible to recruit an employee under FIXED-TERM CONTRACT to send it abroad?
  • What becomes the initial work contract of the paid envoy abroad?
  • What becomes the seniority of this employee?
  • With which law the work contract it is forwarded?
  • In the event of is litigation, which court necessary to seize?
  • Who ensures the repatriation of paid if he is laid off by the foreign company?
  • Does it have to be reinstated in the French company following the dismissal by the foreign company?
  • How is the expatriate or detached employee remunerated?
  • Does the employee continue to profit from the advantages laid down in the collective agreement?
  • Does the expatriate or detached employee have to be entered in the payroll of the firm?
  • Does the expatriate or detached employee vote for the election of the staff representatives?
  • What becomes the mandate of staff representative of the paid envoy abroad?
  • Which is the social protection of the detached employee?
  • Which is the social protection of the expatriate employee?
  • Is the employee sent abroad covered by the unemployment compensation?
Written and forwarded in a clear way, this synthesis is addressed to you, paid or employer, who seek to seriously inform you on the rules as regards Aléas of the professional life and more particularly on “Expatriation/detachment”


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