global assignment agreement

International Assignment Agreement

Jump to section, what is an international assignment agreement.

An international assignment agreement is a contract between an employer and employee that formally assigns the latter to a position in a foreign country. Several pieces of important information are contained within this contract, such as where the assignment is, how travel and lodging costs will be paid, how much the compensation is, and how long the assignment will last. It also lays out specific terms and conditions surrounding how to shorten or lengthen the assignment and what will take place if unforeseen circumstances occur, such as random acts of nature.

Common Sections in International Assignment Agreements

Below is a list of common sections included in International Assignment Agreements. These sections are linked to the below sample agreement for you to explore.

International Assignment Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-10.10 25 dex1010.htm INTERNATIONAL ASSIGNMENT AGREEMENT - JOHN TOWNSEND , Viewed September 16, 2022, View Source on SEC .

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Erdal Turnacioglu of Erdal Employment Law focuses on providing employment solutions to both employees and businesses, whether through litigation, review of employee handbooks, workplace investigations, or training seminars.

Charlton M.

Charlton Messer helps businesses and their owners with general counsel and contract drafting services. He has helped over 500 businesses with their legal needs across a variety of industries in nearly a decade of practice.

Dan "Dragan" I.

I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes litigation as well as contracts/transactions. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs. I am currently licensed and authorized to practice before the Illinois courts and the United States District Court for the Northern District of Illinois. Internationally I am one of a select few American attorneys licensed and authorized to practice before the United Nations ICTY/IRMCT, the International Criminal Court, and the State Court of Bosnia-Herzegovina. Clients have retained me internationally alongside local counsel in several European countries, Australia, and Africa in private legal matters. I have also been appointed by the United Nations to represent persons at the ICTY/IRMCT and chosen by indigent accused to represent them. Since 2009 my law firm has handled domestic and international cases, including Trial litigation (including Commercial, Premises Liability, Personal Injury, Criminal Defense, and General Litigation) and Transactional work (Contracts, Corporate formation, and Real Estate Transactions). I enjoy helping less experienced practitioners and students evolve and improve. I served as an instructor/lecturer on Oral Advocacy and Trial Practice for the participants of the ADC-ICT & ICLB Mock Trial since 2014, and have presented Advocacy Training lectures for the ADC-ICT on several topics as well as regularly lecturing to visiting University and Bar groups from around the world. If you or a loved one have a legal matter of importance, let's see if I can help you with it!

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Global Assignment Best Practice

Anne morris.

• 3 October 2019

IN THIS SECTION

When planning and preparing for a global assignment, there are numerous factors that have the potential to contribute to its overall success, with benefits both for your business and for the assignee. The following guide looks at best practice for employers when deploying personnel overseas, from the employee experience to the flexibility of different types of global assignment.

The employee experience in global assignments

A good employer will recognise that at the heart of its business are its people. As such, ensuring a positive employee experience for overseas assignees can be crucial the success of a global assignment.

As an employer responsible for sending an employee overseas, you will have a legal duty of care, not to mention a moral responsibility and vested financial interest, to ensure the wellbeing of that individual. In particular, when planning a global assignment, caretaking the health and safety of the overseas assignee should be paramount.

Any assessment of travel risks must be tailored to the nature of the work to be undertaken, the attributes of the employee and any factors specific to the host destination. The importance of researching the country and region in which the assignee will be working, and keeping abreast of any imminent changes, cannot be underestimated here.

Even relatively safe destinations can quickly become high-risk regions due to health, safety, security, political or social reasons, not to mention the possibility of natural disasters, so it is important to stay fully informed of changing risks and to be able to relay such information to assignees working remotely.

It is also important to educate each overseas assignee in advance of their global assignment about the location in which they will be working, not least arranging security briefings and training on hostile environment awareness for those travelling to high-risk destinations, as well as educating all assignees on any legal and cultural differences, even for low-risk destinations.

Preparing assignees for cultural integration can often be key to ensuring not only the safety and security of these individuals, but also their overall wellbeing and happiness, on both a professional and personal basis. This could include, for example, the use of pre-deployment programs such as cross-cultural training and intensive language classes. Any training and classes could also be extended to family members accompanying the employee on their global assignment.

You may also want to consider putting in place a benefit and support program, both prior to departure and throughout the lifecycle of the assignment, from deployment through to repatriation.

As such, by creating a safe and supported working environment from the outset, this can significantly alleviate the risk of failure and help to avoid early repatriation, ensuring the global assignment is a success for everyone involved.

The use of technology in global assignments

When conducting business on an international scale, this can give rise to a number of challenges, not least in sourcing suitable data to make informed decisions, both in advance and during the lifecycle of a global assignment. Here, the use of technology can play a crucial role in guiding your global mobility policies and management decision-making.

In particular, where implemented effectively and used correctly, data and predictive analytics tools can prove to be invaluable in gaining insight into operational costs and overall return on investment, as well as employee placement and key performance indicators.

In particular, analytics tools can be used in the following ways:

• Cost analytics – to establish a cost model for your global assignment
• Workforce analytics – to connect the talent in your recruiting database to the skillset needed for your global assignments
• Assignee identification analytics – to focus on the cost drivers of sending the right assignees to the right location
• Employee retention analytics – to predict which overseas assignees are at risk of early repatriation or attrition and which candidates, and/or global assignments, are at a higher risk of failure
• Exposure analysis – to quantify the various levels of exposure to any penalties associated with non-compliance

In fact, with the benefit of these types of analytics tools, together with other forms of technology, global mobility is becoming far easier to achieve in the digital age, and to do so successfully.

It can significantly lessen many of the legal and administrative pressures when managing a mobile workforce, especially when it comes to tax and immigration compliance in a highly regulated environment. Furthermore, technology can also play an important role in enhancing the individual performance of overseas assignees.

When planning and preparing for a global assignment, although the focus will primarily be on selecting the right assignee for the particular assignment and location in question, including their individual qualifications and capabilities, by offering the employee the right tools to do their job to the best of their ability, technology can help to maximise the prospects of a successful outcome.

Indeed, by investing in technology, an employer can not only maximise the productivity of an overseas assignee, but also monitor their progress and even measure assignee experience.

Further, the use of technology through, for example, mobile devices and secured wireless networks, can be extremely effective in maintaining regular communication with overseas assignees, ensuring that they don’t feel disconnected from the company or work colleagues back home. This can be crucial in avoiding early repatriation and the potential failure of the global assignment overall.

Needless to say, however, it is vital that you keep abreast of technological advancements, from connectivity to up-to-date software, to ensure that your overseas assignees can carry out their work cost effectively and efficiently, and that the use of technology is aligned to your organisational objectives and overall mobility goals.

The importance of return investment in global assignments

For you as the employer, global assignments can equate to profitable expansion into both new and existing markets, significantly boosting the global revenue, as well as the reputation, of your business. Furthermore, by sending existing employees abroad, as opposed to recruiting overseas, this can help to streamline operations and expedite growth.

That said, cost control can play a key role in the commercial viability of a global assignment, not least when factoring in the potentially significant cost of both deployment and repatriation of the overseas assignee.

However, global assignment management is not only about number crunching. It is equally about the potential return on investment in various other ways. In fact, overseas assignments can be an excellent way of developing top talent within your organisation, by offering key individual employees a career pathway to more senior promotion.

In particular, the international experience can help train promising and ambitious individuals for leadership, managerial and executive roles, as well as giving them invaluable insight and new industry knowledge to help develop your business back in the UK.

Further, for the individual employee, on both a professional and personal basis, the benefits of working abroad can be significant, not least in terms of potential career progression, increased salary or compensation, as well as the possibility of an international travel experience for their whole family.

As such, given that the overall success of the global assignment will inevitably include the successful repatriation and retention of your top talent at the end of the assignment, you will need to consider what initiatives to implement to alleviate the risk of losing key employees.

In addition to the promise of career progression and a suitably senior role to come back to, useful initiatives could include the use of competitive relocation and repatriation packages, ensuring that your overseas assignees are happy to repatriate and return home. As previously indicated, this should also include the cost of suitable benefit and support initiatives to ensure the overall wellbeing and happiness of your employees.

Understandably, you may feel cautious about controlling the cost of a global assignment, but this must be balanced against the need to attract and retain talent to ensure the continuity and success of your business in the long-term.

Flexibility in global assignments

When determining the potential success of a global assignment, you will also need to consider the nature and duration of the task to be undertaken and the best way in which this can be achieved, from the use of frequent business travel and short-term assignments to long-term assignments and relocation. There is no one-size-fits-all approach.

Needless to say, each of these different types of global assignment has different benefits and risks, although business travel is likely to prove the most straightforward and cost effective choice in many cases. Here, individual employees can attend conferences and meetings, close a deal, sign new business and network. Indeed, networking can be one of the most lucrative ways to support business growth.

Senior executives and managers can also use extended business trips to undertake various different global assignments, including opening a new office or setting up a new division, without the costs associated with other types of global mobility, and without the same personal and practical challenges of relocating to another country.

In respect of short or long-term assignments, these can be a good way of gaining invaluable insight and industry knowledge to help progress your business back in the UK. The long-term global assignment, in particular, can also be extremely effective in establishing a foothold in strategic and emerging markets. This type of assignment can provide new sales opportunities, new customer bases and significantly increased revenue. It can even enhance your reputation and global influence as a corporate organisation.

However, where you are looking to fill skills gaps or to manage operations overseas, you may want to consider the possibility of permanent relocation, not least because this can often prove to be much more cost effective than the traditional long-term assignment with the associated costs of repatriation. That said, any relocation package will need to include sufficient incentive to attract a suitable candidate to move abroad on a permanent basis.

Key take-aways 

The management of global assignments can be one of the hardest areas for employers and HR experts to master, not least when trying to control costs whilst adapting to the shifting demands of the global business environment. As such, there is a very high failure rate for global assignments.

Further, the consequences of an unsuccessful global assignment can be far-reaching for your business, not only in terms of loss of revenue and wasted expenditure, but the potential loss of key personnel and top global talent from within your organisation.

It is, therefore, imperative that you understand and address the following key global assignment success factors:

• Make a full assessment of any travel risks, tailored to the individual assignee, the specific assignment and the host destination in question, keeping abreast of any changes that may impact on this.
• Educate each overseas assignee in advance of their global assignment about the locations in which they will be working, including but not limited to any safety and security issues, as well as any legal and cultural differences.
• Always ensure the overall wellbeing of your overseas assignees at all times, from deployment through to their return home, as such alleviating the risk of early repatriation. This could be through the provision of cross-cultural training, intensive language classes and/or an ongoing benefit and support program.
• Ensure that you adequately incentivise your overseas assignees so as to avoid losing key employees from within your workforce, for example, through attractive relocation and repatriation packages, as well as a suitably senior role to return home to.
• Utilise data and analytics tools to make informed management decisions in respect of global assignments, from cost control to non-compliance.
• Keep abreast of technological advances that may maximise the productivity of an overseas assignee, or otherwise enhance any profitable business growth.
• Consider the flexibility offered by different types of global assignment, from business trips to permanent relocation, not only with regard to the nature and duration of the task to be undertaken, but also with regard to the personal and professional needs of the prospective candidate who may be undertaking this assignment.

Needless to say, this list is not exhaustive, with a plethora of other factors that may come into play when planning and preparing for a global assignment.

Guidance for HR & employers

For advice and guidance on managing  global assignments,  or any aspect of global mobility programme strategy and implementation, contact us .

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator , and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

• Anne Morris https://www.davidsonmorris.com/author/anne/ UK Visa Supporting Documents Checklist 2024
• Anne Morris https://www.davidsonmorris.com/author/anne/ Overcoming a UK Visa Refusal: Tips & Steps
• Anne Morris https://www.davidsonmorris.com/author/anne/ MAC Publishes Report into UK Graduate Route
• Anne Morris https://www.davidsonmorris.com/author/anne/ UK Visa Guide: Requirements & Process 2024

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility .

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners , we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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• FOREIGN INCOME & TAXPAYERS

Key aspects of maintaining a global workforce

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An organizationwide approach to global mobility

Employees (and their family members, if appropriate) should have overarching guidance for their global assignment that includes international assignment agreements that speak to the basics on immigration, compensation and allowances, tax guidance for assignees who are tax-equalized, cultural training, pre-assignment trips, relocation, home trips, and repatriation matters. But first, legal, human resources, tax, finance, accounting, treasury, payroll, the business units, outside vendors, and government officials all need to be on the same page.

A global mobility policy

The best way for all of the relevant parties to work together and communicate effectively is to have an overarching global mobility policy that covers the basics of a global assignment. The specifics of the global assignment are then detailed in an assignment letter that walks an assignee through the assignment from start to finish.

Primary compliance with this policy involves the active integration of the organization teams for purposes of the global assignment needs, specifically, with respect to following the standardized approach detailed in the policy and its underlying procedures and processes that classify an assignee within the policy parameters. It allows for a standardized allowance package and creates cost models and compensation packages for assignees based on a global assignment role and geographic location (including approaches to home - country versus host - country payroll), federal acquisition regulations (where appropriate), and coordination of immigration matters.

Behind the scenes an organization must then determine what it can handle in house and what it feels it needs to hire a vendor to undertake. For example, if an organization has no in - house immigration law expertise, then it should engage an immigration attorney. Ideally, organizations can seek out vendors to handle multiple facets of the global mobility program, such as accounting firms with international consulting practices.

Building a support team

When global mobility is driven by a business unit's demand for staff on the ground in a different country, it is necessary for all areas of support to assist in that regard. Ownership of that support is often undertaken by human resources (as it involves the movement of people), tax (as it involves the interplay of a second taxing jurisdiction and some organizations' wish to make their employees whole from a recruitment perspective), and finance or accounting (as the costs associated with global assignments need to be accurately and timely recorded). Each organization has to independently determine which group can adequately cover each support area.

For example, in a service industry where employees are the organization's inventory, the lead might be best undertaken by human resources. The assignment agreement is similar to an employment agreement with terms and conditions most often used by HR professionals. Many organizations that regularly send workers on short - and long - term international assignments may even go as far as creating a global mobility department or international human resources department. The HR professionals are dedicated not only to the compliance and operations surrounding international work assignments, but also to ensuring a successful assignment, which leads to employee satisfaction and retention of key international team members.

When an assignee's compensation must be tax - equalized to incentivize him or her to participate in a global assignment, the tax group might take the lead in fully supporting a technical team to answer complicated tax questions. Tax equalization is a tax - mitigation strategy for making sure certain assignees neither suffer significant financial hardship nor realize a financial windfall from the tax consequences of a global assignment. The objective of tax equalization is to provide a framework whereby assignees may be transferred to or among international locations while incurring only an individual tax burden similar to that which would have been incurred in their "designated" home country had they not received allowances and other tax considerations resulting from a global assignment.

The tax team would manage the tax equalization to ensure that the home - country tax position of the assignees will be neither advantageous nor disadvantageous. Often, this effort will require the application of hypothetical tax deductions through home - country payroll and payment of foreign taxes through host - country payroll, which will require significant initial coordination between the tax team and home - payroll and host - payroll administrators. Additionally, the assignment may have corporate tax implications—such as whether the assignee creates a permanent establishment or corporate tax nexus in the host location or if there are tax reporting requirements for business travelers that need to be coordinated in the host location—that will require the tax team to have significant involvement in the structure and tracking of global assignments.

End goals: Employee retention and satisfaction

When an assignee returns home, an organization looks to retain its personnel and have a satisfied employee. The employee looks to have experienced an issue-free assignment and gained an understanding as to how the assignment can lead to additional opportunities within the organization. Retention and satisfaction are measurable aspects of an assignment, and organizations are encouraged to consider how to apply these metrics in their global mobility programs.

Having a global workforce is an integral part of many successful businesses today—and tomorrow, too. Coordinating that global workforce takes a broad support team with a passionate leading team.

Editor Notes

Mark Heroux is a principal with the National Tax Services Group at Baker Tilly Virchow Krause LLP in Chicago.

For additional information about these items, contact Mr. Heroux at 312-729-8005 or [email protected] .

Unless otherwise noted, contributors are members of or associated with Baker Tilly Virchow Krause LLP.

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5 Essential Topics to Include in a Global Assignment Letter of Understanding

By Stephanie Dedekind, GMS

To ensure the success of a global assignment, it is crucial for employers to create a well-crafted global assignment letter of understanding. This document should clearly outline the important details and benefits of the assignment, leaving no room for misinterpretation.

Once the letter of understanding addresses specific information regarding the scope of the assignment, it can delve into the specifics of the employer’s global mobility policy and explain the benefits the employee will receive.

Explain Your Global Mobility Policy

Summarize the relevant portions of your global mobility policy that apply to the employee. This should include information on relocation expenses, moving household goods, tax implications and assistance, immigration, and housing and settling-in assistance. These aspects often carry significant costs and may cause stress for the employee.

Relocation Expenses

When writing the letter, review your policies to determine relevance to the employee. While you should not copy your policy verbatim, you should summarize:

• Specific expenses and the amounts the company pays for directly
• Types of expenses eligible for reimbursement, along with any limits. Note whether the employee will need to document each expense, submit a consolidated summary, or receive a lump sum amount for miscellaneous expenses
• Ongoing allowances for specific benefits
• Expenses the employee bears responsibility for paying
• Repayment agreement terms

Moving Household Goods

Global movement of household goods will typically include sea and air shipments and long-term storage. The letter of understanding should clearly outline coverage. Typical benefits include a 20-foot or 40-foot container and 500 pounds for an air shipment. Typically, employers provide long-term storage only for employees on assignment for the duration of the assignment.

Employers should also consider the cost of storage and valuation coverage for household goods. Your letter should specify the amount your company will pay for household goods transport, storage, and valuation along with any limitations or restrictions.

Tax Implications and Assistance

Highlight the significant tax implications associated with global assignments and relocation. Explain the assistance provided, such as pre-assignment/relocation orientation with a third-party tax provider, tax return preparation assistance, and tax equalization. Clearly define the responsibilities of both the employee and the company. If applicable, mention the possibility of including a tax equalization addendum for the employee to sign, as suggested by the company’s tax provider.

Immigration

The letter of understanding should emphasize the importance of compliance with global immigration laws and should outline the assistance provided by the immigration partner or department. Employers should clearly document employees’ responsibilities to provide accurate and timely information and to follow all instructions regarding host country travel limitations. The assignment or relocation cannot begin until the employee has obtained all required immigration documents.

Housing and Settling In Assistance

Getting your employee and their family settled into a new residence helps them return to full productivity quickly. Each employee is unique. Some may need temporary housing while they search for a new residence and your letter should reflect the level of assistance your company provides.

• Temporary Housing: Summarize what provisions the company makes for temporary living and for how long
• Home Finding Travel: Summarize the assistance the company provides, such as home finding trips. Include the number of trips allowed, the expenses covered and the family members approved
• Destination Services: Summarize the services the company provides, which might include home finding assistance, area orientation, contacts with local schools, colleges, medical facilities, etc.
• Long-Term Housing (Assignments Only): Summarize the housing assistance provided, including monthly housing allowance based on family size and location, method of payment, utilities included, and employee responsibilities for maintenance and upkeep

In conclusion, a well-crafted letter of understanding should focus on the employee and highlight the benefits of the new role, generating enthusiasm for the opportunity. Clearly outline expectations and the employee’s responsibilities to avoid any misunderstandings. Summarize the relevant points from the global mobility policy, with a particular focus on the five important topics discussed above.

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Our expertise includes international assignment guidelines and international assignment contracts. We are highly familiar with the Swiss market with regard to competitive international assignment guidelines and are able to come up with tailored, attractive, and cost-conscious international assignment policies for your company as well.

Thanks to our long-standing and highly extensive industry expertise, we can compile the above for you individually and in a manner tailored to your company’s industry, as well as “benchmark” your company against leading companies from your field.

We regularly work with our clients to compile new international assignment regulations and/or revise existing ones. When doing so, it is understood that existing guidelines, regulations, and contracts are adapted in a company-specific manner, and that the needs of your company are taken into account.

We would also be glad to examine only individual contractual components of existing contract templates, or guide you through the process of contract design and agreeing on the individual regulations (international assignments policy, local employment contract, international assignment contract, additional agreements, foreign and Swiss labor law).

Contact us with your questions on international assignment guidelines and contracts. We will work with you to find an optimal solution.

Cost sharing agreements & transfer prices In the case of international assignments for employees, the accompanying costs also need to be taken into account, and in many cases offset against the company of deployment. In order to be able to offset the costs in a manner usual for the external company, the first step involves clarifying the interest in the international assignment (specialist, trainee, job rotation etc.), and then deciding which unit will bear which cost component. Depending on the specific case, this may vary between 0% and 100%.

Companies should be aware that medium-sized companies are increasingly becoming the focus of company audits, as the fiscal authorities now possess the necessary resources and auditors are now increasingly retained to transfer pricing aspects.

The risk of transfer pricing often needs to be clarified with domestic and foreign tax authorities and the country-specific requirements taken into account. Due to the rapid developments in the field of transfer pricing, this requires the specific expertise of the tax experts involved.

Furthermore, all cross-border aspects also need to be represented in the transfer pricing documentation. Our transfer pricing specialists would be glad to assist you in this area with their interdisciplinary know-how.

Our key consulting services:

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Review of an international assignment contract

An employee with the position of CEO has been posted from Germany to Saudi Arabia. We reviewed the international assignment contract with our partners in Germany and Saudi Arabia, in particular with regard to the topics of severance and termination.

BEST PRACTICES - A small selection of cases from our day-to-day work:

• Benchmarking of European posting guidelines and creation of a custom policy for a Swiss company that is active across Europe
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• Drafting a cost sharing agreement for the assignment of the CFO of a German company as an interim CFO in Switzerland
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International long-term assignments enable companies to expand their global reach, extend their network of resources, and increase in-house experience, while building a diverse and culturally aware workforce. Long-term assignments are generally a minimum of one year and may last 3-5 years total. The benefits offered typically support both the employee as well as their family.

Program Development

Historically, long-term assignment programs were unilateral – one policy applicable to all employees – and used to deploy highly-skilled talent. However, as globalization continually changes business requirements along with the need to grow and retain a strong global talent pool, some of the reasons companies use long-term international assignments have changed. The employee experience has also become a key consideration of talent retention and growth. As such the need for flexibility, scalability, and efficiency through cost containment has changed the long-term assignment program landscape.  With companies taking different approaches to their talent strategies, more are using alternative program configurations, such as tiered policies (often by assignment objective or job level), or structured core/flex programs which provide a set of core benefits to each tier, with flexible options also delineated by tier. For example, in a structured core/flex program, core benefits across all tiers may include compliance items such as tax counseling and immigration assistance as well as basic relocation support such as temporary living, travel to/from the host location, household goods shipment and home leave. A lower-level tier may have only a few flex options available such as language and cultural training or a small miscellaneous expense allowance. A higher tier may include a greater number of flexible options, such as a pre-assignment trip, education assistance, etc. There are many configuration options to support the need for employee flexibility and contain cost, but structure is an essential component of a core/flex program and helps keep exceptions to a minimum.

When developing a long-term assignment program, these initial steps are recommended:

• Consider the overall company culture, mobility philosophy, business objectives of the international long term assignment program, and common assignment  objectives.
• Identify employee job levels and demographics.
• Reflect on the importance of the employee experience as well as how the assignment policy can support DEI  initiatives.
• Determine the potential traffic patterns, if possible, to estimate the anticipated cost of the benefits under consideration. 

These initial steps will, in turn, help the company determine the desired program structure and ultimately, the policy parameters. In addition, having an established, comprehensive program with clearly defined parameters will help the company focus on global compliance with applicable immigration, tax, and employment laws.

A brief description of the components commonly found in international long-term assignment programs follows. It is important to note that not every component has to be included to have a successful program. The business reason for the assignment, regional variances, company culture, employee experience and cost all play a part in a company determining what components are included. It is also important to note that there may be variations on the descriptions included below.

International Long Term Assignment Program Components

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Structuring Expatriate Assignments and the Value of Secondment

Multinational employers needing to post staff overseas can struggle to structure an expatriate assignment to meet business needs and legal mandates.

Although there are several viable expatriate assignment structures, "they are not interchangeable," cautioned Donald C. Dowling, Jr., an attorney with Littler in New York City.

Essentially, all expatriates fit into one of four categories, according to Dowling:

• Foreign correspondent.  An expatriate remains employed and paid by the home country employer entity while working abroad. The place of employment shifts to the host country, but there is no local host country employer entity and, thus, no in-country visa sponsor. This structure violates payroll laws in many countries.
• Secondment. An expatriate remains an employee of the home country employer entity but is assigned to render services to a host country entity, usually the employer's affiliate or business partner. The place of employment shifts to the host country. The home or host country entity—or both—may pay the expat, or the home country entity may pay the worker and the host country entity may issue a "shadow payroll," reporting the expat's income to authorities to comply with local laws. Then, the host country would reconcile the amount paid each payroll period with the home country employer.
• Temporary transferee or localized expatriate. An expatriate transferee resigns from the home country employer, moves overseas, and then is hired and paid by a new host country employer, which is often an affiliate of the initial employer but may be a third-party employer.
• Joint employee. An expat is simultaneously employed by the home and host country employer entities, or actively works for the host country employer entity with the home country employment agreement suspended or "hibernating." The place of employment usually shifts to the host country. The host country employer can sponsor a visa.

[SHRM members-only toolkit:  Introduction to the Global Human Resources Discipline ]

Advantages of Secondment as Expatriate Strategy

Secondment is popular among Fortune 500 firms, as it often fits their business needs, Dowling explained. It allows them to "lend out" an employee to work in a foreign affiliate or subsidiary and still maintain the expat as an employee of the home country employer entity.

"A seconded employee is generally asked to handle a project-critical assignment in another country with the added benefit of maintaining home country salary and employment benefits, plus coverage of most or all local country costs," noted Courtney Noce, an attorney with Greenberg Traurig in Atlanta.

Ciara Muldowney, an attorney with Lewis Silkin in London, observed that in addition to providing employees with an opportunity to gain new skills and experiences, "secondments enable employers to move individuals around the business to use skills where they are needed, and to build relationships and networks by deploying employees to other organizations."

The secondment structure offers advantages, such as allowing an expatriate to continue participating in a company's 401(k), pension, and health benefit plans, as well as in the social security program, Dowling noted, although there are inevitably payroll complications to address.

Maintaining the expatriate as an employee of the home country entity—assuming it is a U.S.-based company—is also advantageous to the employer, as U.S. employment-at-will rules generally favor the employer. Nonetheless, a choice-of-law clause in an employment contract doesn't usually block more-favorable host country employment rights, Dowling said.

Structuring Secondment Agreements

Employers must exercise care to protect their interests in structuring a secondment. Muldowney said employers should document the secondment arrangement and have two secondment agreements in place: one between the host organization and the home country employer, and the other between the home country employer and the worker. The agreements should state that there is no direct relationship between the expatriate and the host entity.

"Both agreements should clarify the scope and duration of the secondment and the secondee's duties and responsibilities," Muldowney said. Both the home country employer and the host country entity will owe duties to the expatriate related to health and safety, and both entities may be liable for any discrimination claims arising during the secondment, she noted, so making a contractual agreement about who will bear any liabilities concerning the worker is appropriate.

"Employers will also need to consider issues in relation to data protection, confidential information and restrictive covenants, intellectual property, immigration, and tax requirements," she advised.

Secondment agreements must be tailored to the employment laws of the host country, Noce cautioned. For this reason, she suggested, have the agreements drawn up by a host country lawyer who specializes in this area.

Further, Noce said, employers "must consider the worst-case scenario—a need to terminate an employee during the expat assignment—and insert the necessary contingency clauses into the agreement to limit liability." 

Sarah Harrop, an attorney with Addleshaw Goddard in London, explained, "It is important to set out how long the secondment is expected to last, what will happen at the end of the secondment, and what happens if the secondment ends early." Further, agreements should specify any additional benefits or payments the expatriate will receive in connection with the secondment.

Because expat packages "often include valuable benefits, such as private-school fees, return flights and accommodation, which would not be available to a local recruit, it is helpful to include in the agreement a date after which the expatriate switches to local terms or returns home," Harrop suggested.

She stressed that agreements should also address the impact of the secondment on an expatriate's terms of employment in the home country. For example, agreements should provide for the treatment of an employee's taxes while overseas. "Employers also need to be aware that employees may have statutory employment rights in their home country and their host country," she said.

Dowling cautioned, "Structure expat arrangements with your eyes open. Choose the best option for your specific business needs among the four choices, and set it up properly."

Rosemarie Lally, J.D., is a freelance legal writer based in Washington, D.C.

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global assignment

Quick reference.

Is a job assignment within a multinational corporation that involves expatriation; that is the relocation of an employee to another country. Specialists in international human resource management identify different types of global assignment. Technical assignments occur when employees with technical skills are sent from one country to another to fill a particular skill shortage. Developmental assignments, in contrast, are typically used within a management development programme and are used to equip managers with new skills and competencies. Strategic assignments arise when key executives are sent from one country to another to launch a product, develop a market or initiate another key change in business strategy. Finally, functional assignments resemble technical assignments but differ in one important respect. Technical assignments do not require the assignee to interact extensively with employees in the host country but this is a requirement of functional assignments and for this reason assignees are often prepared through cross-cultural training.

From:   global assignment   in  A Dictionary of Human Resource Management »

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IP Assignment and Licensing

IP rights have essentially transformed intangibles (knowledge, creativity) into valuable assets that you can put to strategic use in your business. You can do this by directly integrating the IP in the production or marketing of your products and services, thereby strengthening their competitiveness. With IP assignement and IP licensing, IP owners can also use your IP rights to create additional revenue streams by selling them out, giving others a permission to use them, and establishing joint ventures or other collaboration agreements with others who have complementary assets.

  Expert tip: Assignment, license and franchising agreements are flexible documents that can be adapted to the needs of the parties. Nevertheless, most countries establish specific requirements for these agreements, e.g. written form, registration with a national IP office or other authority, etc. For more information, consult your IP office .

IP rights assignment

You can sell your IP asset to another person or legal entity.

When all the exclusive rights to a patented invention, registered trademark, design or copyrighted work are transferred by the owner to another person or legal entity, it is said that an assignment of such rights has taken place.

Assignment is the sale of an IP asset. It means that you transfer ownership of an IP asset to another person or legal entity.

IP for Business Guides

Learn more about the commercialization of patents, trademarks, industrial designs, copyright.

Read IP for Business Guides

IP licensing

You can authorize someone else to use your IP, while maintaining your ownership, by granting a license in exchange for something of value, such as a monetary lump sum, recurrent payments (royalties), or a combination of these.

Licensing provides you with the valuable opportunity to expand into new markets, add revenue streams through royalties, develop partnerships etc.

If you own a patent, know-how, or other IP assets, but cannot or do not want to be involved in all the commercialization activities (e.g. technology development, manufacturing, market expansion, etc.) you can benefit from the licensing of your IP assets by relying on the capacity, know-how, and management expertise of your partner.

  Expert tip: Licensing can generally be sole, exclusive or non-exclusive, depending on whether the IP owner retains some rights, or on whether the IP rights can be licensed to one or multiple parties.

Technology licensing agreements

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Process and stages of global assignment of assets and liabilities

The following is the chronogram with the steps that must be taken in general in any operation of Global Assignment of Assets and Liabilities, in accordance with the applicable regulations, specifically, Law 3/2009, of April 3, on structural modifications of mercantile companies.

1. Drafting of the Global Assignment of Assets and Liabilities project by the liquidator of the assignor company. The Global Assignment Project, in accordance with the provisions of Article 85 of Law 3/2009, of April 3 (hereinafter referred to as the Structural Modifications Law), on structural modifications of mercantile companies, must include: 

a. The commercial data of the company. Company name, type of company, the address of the company and the identification data of the sole transferee.  

b. Date as of which the assignment will have accounting effects, in accordance with the current General Accounting Plan. 

c. Information on the valuation of assets and liabilities. In the event that there is a distribution among several assignees, these must be identified. 

d. Consideration to be received by the partner. In the event that the consideration is imputable to the partners, the imputable criterion for the distribution shall be specified.  

e. The consequences of the assignment on employment.

2. Drawing up and making available the documents that will serve as the basis for the approval of the global assignment. This phase guarantees the right to information of the sole shareholder of the transferor company.

3. Once the Global Assignment Project has been drawn up, the liquidator, in accordance with the provisions of Article 86 of the Structural Modifications Law, shall be obliged to draw up a detailed report in which the global assignment project is sufficiently described and justified.  

4. Once the Global Assignment Project has been prepared and the report on the project has been drawn up by the liquidator, the General Meeting of the assignor company must approve the project and the request for its filing with the Mercantile Registry. The Meeting must also approve the balance sheet of the assignment of assets and liabilities.

5. Once the Global Assignment of Assets and Liabilities has been agreed, it shall be published in the Official State Gazette and in a newspaper of wide circulation in the province where the registered office is located, in accordance with the provisions of Article 87.2 of the Structural Modifications Law. Said publication must include the identity of the assignee or assignees, the right of the shareholders and creditors to obtain the full text of the resolution adopted and the right of opposition on the part of the creditors. 

In the event that the liquidator notifies the sole shareholder and creditors of the Global Assignment agreement individually in writing (by an irrefutable procedure that ensures its receipt at the address recorded in the company), the aforementioned publications will not be necessary. In the event that the company maintains an active workforce, the workers’ representatives shall also be informed.  

6. Once the sole shareholder and the creditors have been informed (by any of the above means) of the Global Assignment, in accordance with the provisions of Article 88 of the Structural Modifications Law, they will have one month (from the publication or, as the case may be, from the receipt of the last of these communications) to file an objection.

7. Once one month has elapsed since the approval of the Global Assignment at the General Shareholders’ Meeting, it must be converted into a public deed, as provided for in article 89 of the Structural Modifications Law.  

8. The deed of elevation to public deed of the Global Assignment agreement will be registered in the Mercantile Registry, in the page of the assigning company, proceeding subsequently (given that the case in question is the liquidation of the company) to the cancellation of the registry entries of the same.

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Home Business Assignment Agreement

Assignment Agreement Template

Use our assignment agreement to transfer contractual obligations.

Updated February 1, 2024 Reviewed by Brooke Davis

An assignment agreement is a legal document that transfers rights, responsibilities, and benefits from one party (the “assignor”) to another (the “assignee”). You can use it to reassign debt, real estate, intellectual property, leases, insurance policies, and government contracts.

What Is an Assignment Agreement?

What to include in an assignment agreement, how to assign a contract, how to write an assignment agreement, assignment agreement sample.

Partnership Interest

An assignment agreement effectively transfers the rights and obligations of a person or entity under an initial contract to another. The original party is the assignor, and the assignee takes on the contract’s duties and benefits.

It’s often a requirement to let the other party in the original deal know the contract is being transferred. It’s essential to create this form thoughtfully, as a poorly written assignment agreement may leave the assignor obligated to certain aspects of the deal.

The most common use of an assignment agreement occurs when the assignor no longer can or wants to continue with a contract. Instead of leaving the initial party or breaking the agreement, the assignor can transfer the contract to another individual or entity.

For example, imagine a small residential trash collection service plans to close its operations. Before it closes, the business brokers a deal to send its accounts to a curbside pickup company providing similar services. After notifying account holders, the latter company continues the service while receiving payment.

Create a thorough assignment agreement by including the following information:

• Effective Date:  The document must indicate when the transfer of rights and obligations occurs.
• Parties:  Include the full name and address of the assignor, assignee, and obligor (if required).
• Assignment:  Provide details that identify the original contract being assigned.
• Third-Party Approval: If the initial contract requires the approval of the obligor, note the date the approval was received.
• Signatures:  Both parties must sign and date the printed assignment contract template once completed. If a notary is required, wait until you are in the presence of the official and present identification before signing. Failure to do so may result in having to redo the assignment contract.

Review the Contract Terms

Carefully review the terms of the existing contract. Some contracts may have specific provisions regarding assignment. Check for any restrictions or requirements related to assigning the contract.

Check for Anti-Assignment Clauses

Some contracts include anti-assignment clauses that prohibit or restrict the ability to assign the contract without the consent of the other party. If there’s such a clause, you may need the consent of the original parties to proceed.

Determine Assignability

Ensure that the contract is assignable. Some contracts, especially those involving personal services or unique skills, may not be assignable without the other party’s agreement.

Get Consent from the Other Party (if Required)

If the contract includes an anti-assignment clause or requires consent for assignment, seek written consent from the other party. This can often be done through a formal amendment to the contract.

Prepare an Assignment Agreement

Draft an assignment agreement that clearly outlines the transfer of rights and obligations from the assignor (the party assigning the contract) to the assignee (the party receiving the assignment). Include details such as the names of the parties, the effective date of the assignment, and the specific rights and obligations being transferred.

Include Original Contract Information

Attach a copy of the original contract or reference its key terms in the assignment agreement. This helps in clearly identifying the contract being assigned.

Execution of the Assignment Agreement

Both the assignor and assignee should sign the assignment agreement. Signatures should be notarized if required by the contract or local laws.

Notice to the Other Party

Provide notice of the assignment to the non-assigning party. This can be done formally through a letter or as specified in the contract.

File the Assignment

File the assignment agreement with the appropriate parties or entities as required. This may include filing with the original contracting party or relevant government authorities.

Communicate with Third Parties

Inform any relevant third parties, such as suppliers, customers, or service providers, about the assignment to ensure a smooth transition.

Keep Copies for Records

Keep copies of the assignment agreement, original contract, and any related communications for your records.

Here’s a list of steps on how to write an assignment agreement:

Step 1 – List the Assignor’s and Assignee’s Details

List all of the pertinent information regarding the parties involved in the transfer. This information includes their full names, addresses, phone numbers, and other relevant contact information.

This step clarifies who’s transferring the initial contract and who will take on its responsibilities.

Step 2 – Provide Original Contract Information

Describing and identifying the contract that is effectively being reassigned is essential. This step avoids any confusion after the transfer has been completed.

Step 3 – State the Consideration

Provide accurate information regarding the amount the assignee pays to assume the contract. This figure should include taxes and any relevant peripheral expenses. If the assignee will pay the consideration over a period, indicate the method and installments.

Step 4 – Provide Any Terms and Conditions

The terms and conditions of any agreement are crucial to a smooth transaction. You must cover issues such as dispute resolution, governing law, obligor approval, and any relevant clauses.

Step 5 – Obtain Signatures

Both parties must sign the agreement to ensure it is legally binding and that they have read and understood the contract. If a notary is required, wait to sign off in their presence.

Related Documents

• Purchase Agreement : Outlines the terms and conditions of an item sale.
• Business Contract : An agreement in which each party agrees to an exchange, typically involving money, goods, or services.
• Lease/Rental Agreement : A lease agreement is a written document that officially recognizes a legally binding relationship between two parties -- a landlord and a tenant.
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