Compliance in expatriation

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With globalization, Brazilian companies are increasingly transferring their associates to affiliated companies abroad. In this sense, the expatriation procedure of Brazilian workers has also been gaining space in companies and is still a process that raises many doubts to HR departments, since it involves immigration, labor and social security aspects and other impacts in the corporate environment.

During expatriation of Brazilian associates, which has very specific rules, compliance practices become even more relevant, in order to enable expatriation with legal security to the expatriating company and to the expatriate worker, resolving any labor and social security risks.

In the Labor and Social Security Compliance aspect, it is important that companies:

  1. Determine clear rules on internal expatriation policy;
  2. Formalize the international transfer through proper labor documentation;
  3. Adopt negotiation mechanisms that provide the reduction of costs with legal security.

It will be equally important to observe immigration aspects of expatriation, checking which type of visa is most appropriate to each specific situation, so as not to expose the company or the associate to issues with immigration authorities of the country receiving them as expatriate.

Written by Daniel Rangel, Labor Lawyer at Drummond Advisors, and Fabiana Guerra, Legal Director at Drummond Advisors