New European Directive on intra-corporate transfers
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New European Directive on intra-corporate transfers

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The European Union has adopted a new Directive on intra-corporate transfers obliging Member States (excluding the UK, Ireland and Denmark) to provide a combined residence and work permit for ...

The European Union has adopted a new Directive on intra-corporate transfers obliging Member States (excluding the UK, Ireland and Denmark) to provide a combined residence and work permit for intra-group employee transfers from outside Europe.

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New European Directive on intra-corporate transfers New European Directive on intra-corporate transfers Document Transcript

  • New European Directive on intra-corporate transfers Publication Date: 16 June 2014 | Author(s): Sophie Maes Member Firm(s): Claeys & Engels Country: EU The European Union has adopted a new Directive on intra-corporate transfers obliging Member States (excluding the UK, Ireland and Denmark) to provide a combined residence and work permit for intra-group employee transfers from outside Europe. This is the first work permit that will allow non-EU nationals, under certain conditions, to work in multiple Member States for entities belonging to the same group. The permit will allow non-EU employees and their family members to temporarily reside and work in the EU Member State issuing the permit. Furthermore, the Directive provides a right for the employee to work in a different Member State, for 90 days during a period of 180 days, for an entity belonging to the same group as the foreign employer. For longer periods a new application may be required. Executives, specialists and trainees who have worked at 3-12 uninterrupted months (6 months for trainees) for a foreign employer before the transfer, fall under the scope of the Directive. The total duration of the permit is a maximum of 3 years for executives and specialists and a maximum of 1 year for trainees. Employees seconded under this Directive will need to receive the same salary as domestic employees in a comparable position and must be offered the same employment conditions as employees who are transferred within Europe. The decision on whether to grant a permit should be made within 90 days after submitting the application. EU Member States are free to provide simplified procedures for entities, companies or groups that have obtained a specific recognition. This Directive must be implemented in national law by November 29, 2016. Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com About Ius Laboris Ius Laboris is an alliance of law firms offering employers cross-border employment and pensions law advice. It has 1,300 specialist HR lawyers in over 150 cities and 44 countries. Ius Laboris offers access to the best local HR law experts in one global team with 20% more ranked employment lawyers (Chambers & Partners, November 2013) than any other global HR legal services organisation. Further, Ius Laboris has 50% more recommended lawyers than its nearest rival in a recent survey in PLC's employment law guide. Clients include many household names as well as multinational companies in all sectors ranging from energy, retail and technology to pharmaceuticals. For more information on Ius Laboris, please visit iuslaboris.com.