Rights of Expatriate Workers

Posted on Friday December 29, 2023

An expatriate employee is a professional worker who is temporarily placed in a foreign company on behalf of their U.S. home country. Companies use these globe-trotting professionals to maintain operations abroad. They oversee international projects and bridge cultural gaps, often in response to a company’s expansion worldwide.

If you’re an expatriate employee, you need to know your employee rights and protections. Therefore, you need to ensure you are fairly treated in this respect. This includes retaining the services of a California employment lawyer who can guide you and support you in receiving equitable pay and benefits.

Workers Who are Not Considered Expatriate Employees

Remote workers are employees who work for a business that is based in another country of their own, so they work from their home country or another locale of their choice. Therefore, they are not considered expatriate workers.

Also, people who have obtained permanent citizenship in a foreign country are not defined as expatriate employees. That’s because they are no longer considered temporary residents in that country.

Basically, an expatriate employee is anyone who temporarily resides and works in a foreign country on behalf of a home U.S. company.

Immigration Laws

Employers must make sure they abide by a country’s immigration laws when they send an employee to work in that country. Therefore, they must obtain the required work permits and visas for their expatriate employees and their employees’ family members. 

Employers then must comply with the immigration process a country has established. Otherwise, they can be subject to possible penalties.

Employment Taxes

Taxes are another important component for an expatriate employee to consider. That’s because they may be subject to taxation in both their host country and their home country. Therefore, you need to know your rights with respect to tax withholding and tax reporting, including minimum wage laws and payroll requirements.

Your Employment Agreement

You also need to go over your employment contract with an employment attorney. Make sure the agreement outlines the terms of your assignment, its duration, compensation, repatriation guidelines, and benefits. 

Clauses should also cover termination or an employment extension if required. In addition, you’ll need to know both your home country and the host country’s labor laws to avoid possible legal actions and disputes.

Social Security and Retirement Contributions

It’s also important to understand the Social Security and retirement contributions in a host and home country. Find out if you need to contribute to social security and the mandates set for retirement contributions in your host country as well.

Legal Protections

Just like other employees, expatriate employees receive certain legal protections while employed in a host country. These laws cover minimum wages, benefits, and the hours worked. Therefore, expatriate policies must fall in line with these laws to prevent potential litigation.

This also includes implementing measures to protect an employee’s personal information and making sure the data is managed securely and lawfully.

Employment Insurance Plans

Companies that hire expatriate employees should offer health insurance, life insurance, and travel insurance to reduce liability.

Contact a California Employment Lawyer If You’re an Expatriate Worker and Have Questions About Your Rights

Make sure your employment rights remain intact when you work overseas. If you have any questions about your rights, contact an employment lawyer at the Mara Law Firm. Schedule a no-obligation consultation today.