Despite travel bans caused by COVID-19 and other restrictions, there is still great demand to deploy trained specialists across borders – and this applies to short-term business trips and long-term assignments alike.
Under the headline “Employee Mobility in Times of Corona? – Practical Guidelines on Employee Movements between the US, Germany and within Europe,” on October 20, 2020, Sabine Paul, Dr. Sebastian Klaus and Sachka Stefanova-Behlert, all legal experts at KPMG Law, shed light on a high-interest topic: employee flows across the Atlantic and within Europe.
First, Ms. Paul shared valuable insight into the current legal situation and how employees from Europe and around the world can successfully enter the US despite the strict US immigration policy under President Trump and COVID-19 travel restrictions. She reported on geographical and visa restrictions, gave tips on how to apply, and shared a prognosis on how the US election might affect migration law.
Dr. Klaus vividly showcased what currently needs to be considered when travelling in the opposite direction, from the US to Germany. He reported how the travelers and their plans can be influenced by press releases alone and described unexpected political announcements and an often diffuse administrative practice. He identified mandatory reasons for entry and categories such as health workers, journalists under further conditions, diplomats and, in particular, skilled workers.
Cross-border assignments within Europe are a special challenge, too, resulting from the implementation of a EUPosted Workers Directive implemented in July of this year. Ms. Stefanova-Behlert gave in-depth information on how this equal treatment policy has led to new obligations for companies when sending employees to other European countries. She explained the equal pay principle obliging companies to grant employees the same conditions of employment and salaries as comparable staff in those countries and listed which Member States have adapted the law already.
