Cross-Border Employment and Global Mobility Issues in Latin America: A Closer Look at International Assignments By: Manuel Cuevas -Trisán, Esq. Senior Labor Counsel Motorola, Inc. ABA 2006 Spring Meeting/April 4-8, Waldorf Astoria NY, NY
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By: Manuel Cuevas-Trisán, Esq.
Senior Labor Counsel
ABA 2006 Spring Meeting/April 4-8, Waldorf Astoria NY, NY
» Jurisdiction...Long-term expatriate assignments (generally between 2-4 years; director & senior management levels; beyond developmental purposes)
» Short-term expatriate assignments (generally between 6-18 months; technical experts, project leads; field engineers; developmental assignments)
»International transfer (generally of indefinite duration; no expectation of repatriation upon termination of
» “Idiosyncratic” arrangements (e.g. border crossings/Mexico-U.S. border; “hybrid” arrangements with elements from both expatriate and international transfer arrangements).Typical Forms of Cross-Border Assignments
Inevitably, the termination of an expatriate’s assignment raises the question
of severance liability under the host country’s labor law.
In light of the factors used to calculate severance, and the generous
elements that make up expatriate compensation packages, the
potential liability for an employer in early termination scenarios can be significant .