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Rights and Obligations of Companies with Employees when Posting Abroad - Germany

Published by the International SOS Foundation. Paper covers the overseas responsibilities that German employers have towards workers.

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The deployment of employees abroad must be carefully planned and carried out not only organisationally but also legally. The employer should be informed about the legal framework conditions of the assignment abroad, its rights and obligations upfront. Up to now, the literature published on foreign assignments has primarily dealt with the social and tax implications of foreign assignments.  Little or hardly any attention has been paid to the question of the employer's duty of care and the employees. The paper brings together in particular the hitherto neglected discussion of the basics and the scope of duty of care and loyalty, as well as the legal consequences of any violations of the corresponding duties.

Please note that this paper is in local language: German