Relocation Policy and Duty of Care for Expatriates and International Business Travelers
As companies continue to seek growth opportunities and lower their costs of production, globalization has continued resulting in an increasing number of employees are now working outside their home country of residence as expatriates or international business travelers.
As discussed in a duty of care whitepaper published by International SOS (www.internationalsos.com/dutyofcare), with the International workforce increasing in both range and frequency, and continued activity in more remote locations, the employee and the employer are exposed to greater risks. Away from familiar surroundings, employees may encounter uncertain environments, presenting increased and unfamiliar threats to health, safety and security (infectious diseases, terrorism, war, natural disasters). Employers have a legal, fiduciary, and more Duty of Care for their employees.
The company is at risk and liable for breaching not only the laws of the country in which they operate and in which their employee are nationals or permanent residents, but also those laws in the countries to which their employees travel on business or live as expatriates. The liability can occur through civil codes, statutes, and common law and may result in civil damages or in criminal fines and imprisonment.
Employers may be aware of their own country’s Duty of Care, but may be unfamiliar with the Duty of Care requirements in a foreign country. They may not know the full extent of the risks and threats because they are often in a different physical location than the employee.
A relocation policy should carefully analyze its expatriate and business traveler population. Conditions that change the range of the employer’s responsibility include:
- Type of international assignments (short-term international assignment or long-term expatriation, international business traveler, etc.)
- Home and host locations. The risk and level varies by country.
- Work responsibilities of the employee based on their job description and the needs to complete their particular task.
- Family or significant others accompanying the employee.
Prevention of harm is typically less costly. It is recommended taking the strongest preventive measures to secure the health, safety and security of the employee while on an international assignment with procedures in place to try and protect the employee against reasonably foreseeable risks.
Duty of Care legislation continues to evolve in order to meet new international workplace challenges. Employers need to educate the employees about the risks, monitor the environment for potential hazards and update international assignees on any developments that could become critical incidents. Additionally we recommend providing adequate support and assistance for employees in event of a crisis or emergency.
"Reprint of some or parts of this article are courtesy of International SOS Pte. Limited. © 2009 International SOS Assistance, Inc. Source: Claus, L., Duty of Care of Employers for Protecting International Assignees, their Dependents, and International Business Travelers, London: International SOS, 2009".
Posted on 12/3/2009 in Relocation Policy | Comments (0)
E-mail this to a friend | Link to this post |
