Holistic approach
Some examples of ways in which CMS can help:
- Employee agreements covering all employment law aspects of the international assignment lifecycle in the relevant jurisdiction from initial assignment through to termination;
- Application for the required permits to reside and work in the country, both for expats and their family members;
- Mobility policies;
- International assignment services;
- Termination of international assignment services agreements;
- HR data protection requirements;
- Applications for tax benefits for expats;
- Tax optimization of salary splits and employee benefits;
- Employers’ tax obligations, multi-state wage and income tax returns;
- Determining the applicable pension scheme and managing pensions in different countries; and
- Navigating the possibilities for international transfers of pension benefits and continued participation in another jurisdiction.
Fun facts
Did you know that expats must contribute to the Mandatory Provident Fund subject to limited exceptions (e.g. employment for not more than 13 months or are covered by overseas retirement schemes)?
Did you know that expats are entitled to five days of paternity leave?
Did you know that prospective employers must obtain an applicant’s prior consent in order to use their personal data to conduct background checks?
Did you know that there is no statutory right for employees to request to work flexibly?
References
An AI and Robotics company
On the establishment of its employee share option programme.
A high level former employee
In a dispute with a US-based international company. This matter involved a wrongful summary dismissal and issues relating to breach of confidence.
A Hong Kong-based entertainment company
On the termination of its CEO.
The investment arm of a conglomerate
With interests in various jurisdictions and around Greater China. This matter concerns advising on and establishing a PropTech employee benefits scheme which is connected with gains on the company’s property portfolio. This was an innovative project that cuts across various group companies related to this client and involves tying employee incentives with blockchain technology.
A Hong Kong-based conglomerate
On its termination of its General Counsel. The matter is very acrimonious and involves issues of COVID-19 measures.
An international conglomerate
On the termination of 300 employees including managerial level employees across a number of offices in Greater China due to economic impact of the pandemic, and a labour dispute arising out of measures taken to address economic impact of COVID-19.
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