Expat Desk

The international deployment of personnel is a long-established part of HR practice, particularly for global corporate groups. It is becoming increasingly common for ‘expats’ to be posted abroad, whether temporarily or for the longer term - for example under a fixed-term secondary employment arrangement. The CMS Expat Desk provides advice to businesses on all matters of law concerning the posting of personnel internationally.

Our CMS Expat Desk experts advise on the posting of overseas personnel to Germany, as well as of German personnel overseas. Their extensive experience, gained over many years, covers all work-, social insurance- and tax-related matters relating to the international posting of personnel. Our lawyers are also familiar with the issues surrounding rights of residence in connection with the posting of personnel internationally, and deal with public authorities and other relevant bodies on behalf of their clients.

Areas in which our CMS Expat Desk can advise you include (amongst others) the following:

  • Employment law agreements in connection with the international posting of personnel (e.g. suspension agreements, supplementary agreements to employment contracts, (fixed-term) employment contracts establishing secondary employment relationships abroad etc.) and agreements between the originating- and host businesses
  • Termination of employment law agreements relating to the international posting of personnel, and the reintegration of expats into domestic workforce structures
  • Employer policies on the international posting of personnel and the associated works agreements, and assistance in any disputes with the works council
  • Effects of international postings on benefits commitments under occupational pension schemes and on other benefits
  • Social insurance-related effects of international postings (e.g. determining the applicable social insurance system, structuring the arrangements to ensure that a particular social insurance system applies), and support in dealing with public authorities and other relevant bodies (e.g. applying for A1 certificates from the competent health insurance fund)
  • Tax effects of posting personnel internationally (e.g. avoiding creation of a permanent establishment in the host country), achieving arm’s-length transfer pricing for long-term postings (Global Mobility), assistance in applying for the necessary residence and work permits and communicating with the authorities
  • Issues surrounding registration and deregistration (e.g. justification of residence)
03/09/2020
In the people busi­ness
Suc­cess­ful busi­nesses in every sec­tor know that em­ploy­ment terms, con­di­tions and be­ne­fits are key com­pet­it­ive weapons in today’s chan­ging and in­creas­ingly mo­bile mar­kets. At­tract­ing and keep­ing tal­en­ted...

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19/08/2021
New equity part­ner at Ham­burg of­fice: CMS ap­points Sören Seidel to strengthen...
Ham­burg – Com­mer­cial law firm CMS Ger­many is strength­en­ing the em­ploy­ment law team at its Ham­burg loc­a­tion and ex­pand­ing the part­ner­ship through the ap­point­ment of Sören Seidel. Seidel joins from in­ter­na­tion­al...
28/05/2021
Work­ing from home, tele­work­ing and mo­bile work­ing
Please note that the leg­al situ­ation with re­gard to the Corona pan­dem­ic is sub­ject to con­stant change. There­fore the fol­low­ing in­form­a­tion only re­flects the above-men­tioned status. Thus it is ur­gently...
28/09/2020
We­bin­ar: Bridges and Walls: How can Ger­man Com­pan­ies Send Em­ploy­ees to...
Op­er­a­tions are glob­al and so is the work­force in our mod­ern world. From me­di­um-sized en­ter­prises to mul­tina­tion­al cor­por­a­tions, Ger­man com­pan­ies op­er­at­ing in the United States used to fre­quently send...
03/09/2020
In the people busi­ness
Suc­cess­ful busi­nesses in every sec­tor know that em­ploy­ment terms, con­di­tions and be­ne­fits are key com­pet­it­ive weapons in today’s chan­ging and in­creas­ingly mo­bile mar­kets. At­tract­ing and keep­ing tal­en­ted...
04/06/2020
Coronavir­us crisis and em­ploy­ment law – use­ful in­form­a­tion
The coronavir­us crisis is present­ing com­pan­ies with ex­treme chal­lenges. A mul­ti­tude of new top­ics and is­sues need to be ad­dressed. For many sec­tors, the ques­tion also arises as to how to deal with (tem­por­ar­ily)...
08/05/2019
Em­ploy­ment Chal­lenge
Do­ing busi­ness across Europe, Asia and Lat­in Amer­ica is com­plex and can be con­fus­ing. Laws, lan­guages and cul­tures mean that loc­al jur­is­dic­tions vary widely. And in the case of em­ploy­ment le­gis­la­tion...