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  • Employment Memo - Assignments - Assignment abroad (posting) - Contractual issues - 2230
    Where the employer frequently posts its employees abroad, some terms and conditions relating to postings may be contained in an expatriation handbook or similar document. Therefore, although the employment contract itself may not specifically contain the terms and conditions of posting, the terms in the handbook will apply if specifically incorporated into the employment contract by reference. Other terms, personal to the individual postings, will not be contained in the handbook but will need to be agreed...
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  • Employment Memo - Assignments - Assignment abroad (posting) - Statutory employment rights - Enforceability of EU minimum rights - 2267
    EU member states must ensure that certain minimum rights apply to workers temporarily posted to that state (EC Directive 1996/71 ). In this context, a worker is “posted” when, for a limited period of time, the worker carries out their work in the territory of a member state other than the state in which they normally work. In such cases, the worker can bring a claim to enforce these rights in the EU member state to which they are temporarily posted as long as they normally work in another EU member state....
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