IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room S, Level -1

Session information

Favouring expatriates: how companies can avoid claims of discrimination brought by local hires

Thursday 11 October (1115 - 1230)

Session Room S, Level -1

Committee(s)

Diversity and Equality Law Committee (Lead)

Description

Multinational companies continue to send employees from their home country to overseas assignments. Those expatriates (sometimes known as rotating staff) may or may not continue to be employed by the parent company. In most cases, however, those employees receive benefits that are different from locally hired employees. Those benefits may include higher levels of compensation, allowances for sending their children to private schools, special travel allowances, hardship allowances, and other perquisites that local hires do not have access to. In addition, in the event of a workforce reduction taking place at the location of assignment, the expatriates are likely to be immune from termination. These practices can result in claims of discrimination brought by local employees. This panel will discuss typical benefits packages for expatriates, best practices for structuring the assignment in a way to avoid discrimination claims, and how courts and employment tribunals have resolved claims of discrimination based on these practices.

Session / Workshop Chair(s)

Maria Luisa Soter da Silveira Veirano Advogados, Rio de Janeiro, Brazil; Newsletter Editor, Diversity and Equality Law Committee
Ivan Suarez Suarez de Vivero, Barcelona, Spain; Senior Vice Chair, Diversity and Equality Law Committee

Speakers

Marjorie Adams Global Employment for Bard & BD Interventional, Other City, New Jersey, USA
Alessandra Ferroni Gianni & Origoni, Milan, Italy
Abhijit Mukhopadhyay Hinduja Group, London, England
Sean Nesbitt Taylor Wessing, London, England
Juan Carlos Pro Risquez Dentons, Caracas, Venezuela
Hironobu Tsukamoto Nagashima Ohno & Tsunematsu, New York, New York, USA; Co-Chair, Disability Rights Working Group