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- Global Mobility
Globalization is fuelling an increasing demand for senior employees to work across borders or to be posted abroad.
Multinational corporates have long recognized that good global mobility programs help attract and retain senior talent, and limit legal risk. In addition, high-growth developing countries have generally moved towards greater employee protections.
All of these factors are leading to an increase in complex cross-border tax, employment, immigration and benefits issues for employers. It can often be difficult for organizations to find the right in-house resources and expertise to advise on the core, overlapping disciplines which feature in these global mobility matters. Covington’s Global Mobility team can navigate clients through these complex issues.
Covington has created an integrated team of experts in the three critical areas: tax, employment/benefits and immigration. The global mobility team assists clients in three main ways:
1. Auditing/advising on new and existing global mobility policies and programs
2. Setting up expatriate employee arrangements:
- Tax structuring and social security arrangements
- Choosing and drafting the best contractual format (secondments/dual contracts)
- Choice of law and jurisdiction
- Cross-border enforcement of non-competes and protection of trade secrets
- Immigration clearance matters
3. Cross-border dismissals:
- Assessing the risk of forum-shopping
- Selecting the best jurisdiction in which to terminate expatriate arrangements (balancing legal, tax, regulatory and commercial perspectives)
- Structuring multi-country release agreements
- Tax treatment of severance payments
Cross border tax and employment arrangements
Structured a senior executive’s cross-border tax and employment arrangements for a U.S./UK clean tech company.
Data privacy compliance program
Devised a data privacy compliance program relating to international HR data processed by a US-headquartered multinational.
European Employment Considerations
Co-ordinated U.S., Dutch and German tax, employment, immigration and benefits advice in relation to a U.S. listing of a Dutch company and relocation of senior managers.
Executive hire for FTSE-listed company
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
Expatriate dismissal in Asia
Advised a NYSE-listed corporation in relation to a Singaporean/UK expatriate dismissal.
Hire of a European CEO for a FTSE-listed company
Assisted with employment and variable compensation aspects of the hire of a European CEO for a FTSE-listed company.
International assignment for U.S. bank
Advised a New York-headquartered investment bank on an international assignment from the UK to China.
International Global Mobility Advice
Assisted a life sciences company with international assignments, including relevant cross-border corporate and individual tax risks and immigration requirements.
Microsoft Expatriate Issues
Advised Microsoft in relation to expatriate issues arising from post-acquisition integration with Nokia’s global mobile phone business.
Transfer of UK executive to India
Structured the cross-border tax and employment aspects of the transfer of a UK executive to an Indian entity for a U.S. conglomerate.
U.S./UK employment contract
Advised on employment and variable compensation aspects of dual US/UK employment contract for senior executive of FTSE 100 company.
May 2020
As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...
January 19, 2018, Covington Alert
In December 2017, the UK Government updated its proposals on the rights of European Union (“EU”) nationals and their families following the UK's exit from the EU (via a technical note setting out its proposed commitments).
Global Mobility Update
December 18, 2017, Covington Alert
In 2012 the G20 initiated the Base Erosion and Profit-Shifting (BEPS) project, headed by the Organisation for Economic Co-operation and Development (OECD). This aimed to tackle and reduce tax planning strategies which artificially shifted corporate profits to low- or no-tax jurisdictions.
All Change: Top Five Global Mobility Hot Topics
September 27, 2017, Employment Webinar Series
September 2017, Covington Alert
On March 5, 2017, the Belgian parliament enacted the Flexible and Workable Work Law, which seeks to increase flexibility for both employers and employees.
December 12, 2016, Covington Alert
On 6 December 2016, the UK Government published the revised draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (the “Regulations”), which, subject to prior parliamentary approval, are expected to come into force on 6 April 2017. The new law will require private employers in the UK to collect and publish information showing differences in pay ...
October 5, 2016, Covington Alert
The International Employment Update summarises recent international employment law developments in the United Kingdom, France, Poland, China and the United States of America.
May 2, 2016, Covington Alert
China has just released its 13th Five Year Plan. This includes a mandate to encourage foreigners to work and reside in China by rolling out policies to relax entry, visa and residency requirements for qualified foreign talent. As part of this focus, the Ministry of Public Security has issued, effective March 1, 2016, a number of preferential immigration ...
April 14, 2016, Covington Alert
Latest figures suggest that women in the UK still earn on average 20 percent less than men. Companies that fail to address gender pay differences will be highlighted in league tables under the new Gender Pay Gap Regulations. The draft regulations require private employers in the UK to collect and publish information showing differences in pay between male and ...