Employment law issues with senior executives and international postings
Executive employment – getting and maintaining top talent
Correct executive recruitment is vital and once recruited getting them to hang around is an ongoing challenge. This can be made easier by doing a few things very well.
- Negotiating employment contracts
- Varying executive contracts – when can this be done and how
- The rights of the executive – are they different from other employees?
- Essential terms for the executive contract
- Should you incorporate policies into the executive employment contract?
- Commission and bonus plans for executives – practical implementation issues
- Avoiding misleading and deceptive conduct in the negotiation process
- Dealing with conflicts of interest in the employment contract
- Negotiating enforceable restraints
- Dealing with the corporation Act requirements pertaining to executives
- What implied terms do you need to know about?
- Are executive covered by an award? Implications if they are
- The cap golden handshakes – how to apply it
- Executives bringing action under General Protection rules s340 Fair Work Act
- Assessment of damages in wrongful dismissal claims involving senior executives
Employing foreign workers – expatriates employment contracts
Foreign workers may apply for a job you have advertised. What does an employer do to manage risk and protect their position when it comes to foreign labour?
- Role of enterprise migration agreements
- What employer sponsored visas apply?
- Use of 457 Visas- essential facts employer must know
- Meeting criteria for sponsorship
- When will a regional skilled migration scheme apply?
- Training eligibility benchmarks for your business – when does this apply?
- The worker protection act – its relevance for foreign labour
- Due diligence assessment of foreign labour
- Negotiating expatriate employment contracts
- Employing expatriates – scope of awards and legislation
- You have employed foreign labour – where is the contract made?
- Workplace entitlement s for expatriates
- Confidentiality and expatriates employment agreements
- Employing illegal labour – understating the risk
- Using defences under the Migration Act
Tips and traps of international secondment
You are sending a key employee overseas to fill an important role. Have made sure the proper processes have been undertaken? Have you considered the issue from the employee’s perspective? Do you understand the laws of the country they are moving?
- Tax and superannuation issues on secondment
- Ensuring compliance with workplace laws hen seconding people
- Long service leave and other entitlements – during your due diligence
- Establishing a global code of conduct
- Dealing with comparative global ethics
- Ensuring compliance with key legislation – anti bribery legislation and other