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Document ID (ISN)111608
CIS number 11-0174
Year 2009
Convention or series no.
Author(s) Claus L.
Title Duty of care of employers for protecting international assignees, their dependents, and international business travelers
Bibliographic information International SOS, 2009, 47p. 32 ref.; a free copy of the report can be obtained by request from the International SOS website .
Internet access Duty_of_care.pdf [in English]
Abstract This report reviews employers' responsibilities for their employees (and employees' dependents) that cross borders as part of their work duties, with the objective to inform decision-makers about these responsibilities. At the same time, it offers guidelines that help organizations plan, organize and develop an appropriate integrated risk management strategy. The report begins with 36 different real-life incidents of international business travelers, international assignees and their dependents, covering a diverse range of risk management situations (terrorism, crime, war, natural disasters, infectious diseases, travel-related illnesses, cultural estrangement, vehicle accidents, hotel fires, common travel problems, and overall lack of legal and administrative compliance). After defining duty of care, the report reviews a broad range of employment-related duty of care obligations, the bulk of which is focused on legal compliance. Statutory and pertinent case laws are reviewed for nine countries, namely Australia, Belgium, Canada, France, Germany, the Netherlands, Spain, the United Kingdom and the United States, as well as for the issues regarding employees crossing borders within the European Union. The report demonstrates the complexity of legal compliance through reviewing the decisions in 34 cases related to global workers in five countries (although many cases are settled out of court). This is further illustrated through issues of diversity in legislation, choice of law and jurisdiction.
Descriptors (primary) safety and health organization; responsibilities of employers; role of insurance institutions; migrant workers; legal aspects
Descriptors (secondary) Canada; USA; Belgium; Germany; Spain; France; United Kingdom; Netherlands; Australia; European Union; case law; case study; report
Document type E - Books, reports, proceedings
Subject(s) Administration, legislation
Broad subject area(s) General safety, health and conditions of work
Browse category(ies) Framework legislation