There is no standard shipment, because every employee abroad, whether in Europe or around the world, has their own terms. But what each detachment has in common with all the others is that there are in principle risk factors that can stop or paralyze the process. These risks almost always affect four legal areas that are more closely related than many companies know. Omer Dotou, BDAE-Consult`s corporate advisor, explains in an interview with Erwin Stickling, Human Resources Management Editor, the challenges and pitfalls that can be posed to companies that send employees abroad. On the advice of the consulting firm, Seliger was repatriated to southern Germany as soon as possible – against their wishes. In the weeks that followed, production stopped, the new agent called coronavirus caused a pandemic. Launched in the autumn of 2019, production of auto parts stopped for several weeks and resulted in financial losses of several million euros. Seliger was able to sign the local employment contract just before the borders in Europe closed, obtain your work permit and return to Hong Kong, officially and in complete legal security. The head of human resources, Fiedler, must now see that sending abroad is very complex to do, that is, when a global pandemic strikes and changes everything overnight.
Expats have claims that are not always in line with reality. It is then the human resources managers who must act as a mediator between all parties and who most often reach their limits without fail, as shown by this case of practice of the consulting firm specializing in sending abroad BDAE Consult. [11] Gerres, cross-border shipment of workers, p. 63 f. The central concept of work is detachment. However, this concept is not a legal concept and therefore applies to very different meanings depending on the context. [1] This is how the social right to Article 4 I of the GBS IV is found in the social law, in the administrative principles relating to the secondment of workers, which are relevant in tax law[2] and in directive 96/71/EC of the European Parliament and the Council of 16 December 1996 relating to the secondment of workers carried out in the context of a provision of services (“detachment directive”), different definitions of the term, but which exclude each of the relevant cases and are therefore too strict to be used in this work.