Determining Whose Laws Protect Border-Crossing Employees

Law360, New York (September 20, 2012, 4:26 PM EDT) -- Probably the most common question in international employment law practice is, "which countries’ employment laws protect border-crossing employees such as expatriates and mobile workers?" This question is relevant when arranging any mobile job, expatriate posting or “secondment,” and it becomes vital when a multinational needs to dismiss border‑crossing staff. A terminated international employee who can “forum shop,” according to P. Frost and A. Harrison, has “powerful ammunition in negotiations over compensation.” 

General Rule

To determine which country’s law applies in any cross‑border employment scenario, always start...
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