what is a international assignment consultant

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Delivering A Successful International Assignment

Anne morris.

• 9 October 2019

IN THIS SECTION

• 8 minute read
• Last updated: 9th October 2019

Organisations deploy personnel on international assignment for many reasons. Whether you are addressing an internal skills gaps, supporting leadership development or looking to improve working relations across borders, for any international assignment to be successful, there will be a multitude of legal, immigration, tax and pensions risks to manage when sending employees overseas.

This article covers:

International assignment objectives, international assignment structures, employment law.

• Immigration options 

Assignee remuneration

Professional support for international assignments.

Global mobility programmes have traditionally been developed with a uniform approach, driven largely by cost management and operational efficiencies. However, organisations are increasingly taking a more flexible and bespoke approach to overseas assignments in order to attain advantage in areas such as compliance and talent development and retention.

While a one-size-fits-all approach to the fundamentals of mobility management may be a commercial reality, overlaying this should be areas of specific consideration and capability that can be adapted to the specific needs and risks of each international assignment. This allows for greater focus on the assignment’s commercial objectives and the agility to respond to the organisation’s changing global mobility needs .

From the outset of any successful assignment project, there should be clarity of objectives. Why as an organisation is the decision being made to invest in sending an employee to perform services in a different country?

International assignments can offer value in many areas, many of which typically present in the longer-term.

Internal knowledge transfer is a common assignment objective to address talent or skills shortages within overseas regions. Deploying key talent with specialist knowledge and skills to train and upskill local team members can help to resolve local labour or skill supply issues. The cost/benefit analysis can explore potential missed opportunities or delays resulting from shortages in the local talent market.

International assignments are also highly effective in building relationships and improving intercultural working. This could be relationships within an organisation, with local clients and intermediaries or local authorities. Face to face interaction remains highly effective and valuable in building influence on the ground and can offer significant potential for advantage over competitors.

Beyond relationships, value is also created in the knowledge gained by assignees working overseas, from insight into local customs and culture, improved language capability and a general understanding of how business is ‘done’ within the region and helping to adapt organisational protocol to suit the local environment. Combined with the assignee’s existing market and organisational knowledge, they can offer a global perspective with local details, bringing considerable potential to build competitive differentiation.

With clarity of objective, you can then consider whether an international assignment is the most appropriate solution . Is it possible to hire or promote locally? Would multiple, shorter trips be as effective in performance terms but with lower cost implications? International assignments demand significant investment and it will be important to assess cost projections against expected return and value to the organisation.

As well as clarity of objectives, a successful international assignment also requires clarity of contractual terms, both to manage the expectations and understanding of the assignee, and also for the mobility team to identify support needs and potential risks. 

Now more than ever, organisations are developing portfolios of mobility programmes to enable an agile approach to global mobility that responds to the organisation’s changing needs for international personnel mobility. Assignments come in increasingly different shapes and sizes, from permanent relocations or temporary exchanges, secondments or transfers to a different region or to a different organisation.

While organisations demand greater flexibility and agility from their global mobility programmes, underpinning the activity should be an appropriate assignment structure with a supporting contractual agreement that enables compliance with regulatory and legal duties.

When considering which structure to adopt, organisations will need to consider a range of factors including the type of assignment and the relevant environmental context such as regulatory, immigration, employment law, tax, pension implications. 

For international assignments, where the employee is moving from the home country employer to a host country employer, the employer could consider a number of assignment structures, including:

• The employee continues to be employed solely by the home employer.
• The employment contract with the home employer is suspended for the duration of the assignment while the employee enters into a new employment contract with the host employer .
• The employment contract with the home employer is terminated with a promise of re-employment at the end of the assignment while the employee enters into a new employment contract with the host employer .
• The employment contract with the home employer is suspended and the employee enters into a contract with an international assignment company (IAC) within the employer group
• The employment contract with the home employer is suspended and the employee enters into a contract with both an IAC and the host country employer.
• The employee remains resident in the home country and works in a host country under a commuter assignment.  

Each type of assignment structure offers advantages and disadvantages which should be considered in light of the individual assignment. For example: 

• Do employment laws in the host country require the assignee to be employed by a local entity? 
• Would the assignee be agreeable to ending their home country contract and starting a new agreement with a new entity in the host country? 
• Are there terms in the home country contract that would need protecting in any new agreement, such as restrictive covenants? 
• Which jurisdiction would prevail, the host or home country? 
• How would local laws interpret a situation where there is no contract of employment with the employer in the host country? 
• Issues such as income and corporate tax, pension and employment rights and responsibilities will need to be identified and assessed against the specific assignment objectives and budget and the assignee profile and circumstances. 

Employment law implications come hand-in-hand with selecting an appropriate assignment structure.

Home-country employment contracts for employees on assignment from the UK to an overseas jurisdiction should generally be interpreted under the laws of England and Wales. If a host country contract is used, there should be specific provision in the agreement to determine which jurisdiction would prevail. However, neither position is guaranteed, for example where issues of domicile arise which may supersede any contractual provisions. Again the need is to assess on an individual assignment basis.

As well as explicit contractual considerations, employers should also be aware of any statutory rights or implied terms under UK law that may continue to apply even in the host country.

Specific provisions may also need to be made to ensure confidentiality and appropriate handling of commercial and sensitive information. While this may be standard or expected for senior employees, those on assignment should also be considered for such terms relevant to the type of assignment and the commercial objectives of the project.

Immigration options

Successful international assignments will invariably require careful consideration of the immigration requirements. Governments across the globe are adopting increasingly protectionist stances towards economic migrants, as policies seek to favour domestic workers. This means business travellers and visa holders are now facing greater scrutiny when applying for work visas and when trying to gain entry at the border. 

Visa options and criteria vary between countries and are subject to frequent change. Where permission is required for the assignee to work in the host country, it will be important to ensure the assignee applies for the most appropriate route to meet the assignment need, whether that is a work permit or a business visitor visa. The immigration requirements and options will be determined in most part by the rules of the home and host countries, the nationality of the assignee (and any of their dependants who will be joining them overseas) and the nature of the activities the assignee intends to perform during their time in the host country. 

For example, a British citizen may be eligible to travel to the US to attend sales meetings and work conferences for up to 90 days  without having to apply for a visa but to conduct ‘gainful employment’ they would need to look at a specific work visa, such as the L-1 visa for intracompany  transfers. 

A further factor will be the specific requirements of the visa or permit. Work visas, for example, may require sponsorship of the employee by a local entity with valid sponsor status. The application process for work visas are typically resource-intensive and in many cases will require the employer to provide compelling evidence as to why the role or work cannot be performed by a worker resident in the host country. 

Preparation will, therefore, be critical, ensuring there is sufficient time to consider the relevant immigration options in light of local rules, and to then make the required application. Complications may also arise where the employee does not meet certain requirements under the local rules, for example if they have a past criminal conviction or negative immigration record. This will require careful handling and, depending on the host country’s rules, may require submission of a visa waiver to explain the issue and provide assurances of the employee’s eligibility by requesting a discretionary decision on the application.

Relocation packages are typically the biggest expense associated with an international assignment. While cost control will remain a concern, it is important for employers to ensure they are offering packages that are competitive within the market and that the package will support both the commercial objective of the assignment and compliance with associated legal and tax risks.

Home-based packages remain common, including those which may be markedly above local market compensation levels, particularly in circumstanecs where the assignment need is business-critical.

It may be possible however to look at offering a lower package than the home-based option, by either localising the package to harmonise with host nation levels or to develop a ‘local-plus’ offering that maintains a degree of competition, but this can be challenging to apply consistently across all assignment types and locations.

Again, consideration should be given to the individual assignment and the assignee. Millennial workers for example are generally understood to value international experience and the remuneration package may not be their primary concern where the opportunity for overseas exposure is available.

For organisations with a substantial cohort of international assignees and travellers, it may be more appropriate to build a compensation scheme specifically for globally-mobile personnel.

Importantly, assignees who will remain under an employment contract in their home country may continue to be subject to home country payroll while on assignment. This will also enable pension and benefits to be offered in the same way through the home country. Taxation, however, raises more complex issues, for example where withholding rules apply in the host country. This will require specialist guidance to ensure tax liabilities in the home and host country are correctly managed and met withiin the appropriate timeframes.

International assignments are demanding on the employer and the employee, but have become critical given the business imperatives to meet talent and development needs and achieve competitive advantage . 

Employers should not lose sight of the need to understand the specific risks of each individual assignment, which increasingly demand bespoke solutions. While compliance , efficiencies and cost control should be underpinned by a solid global mobility infrastructure of policies, systems and procedures, the current shift is away from a uniform approach to assignment management, instead moving towards more agile management of each assignment, shaped by the specific assignment objectives, budget and risks in relation to immigration, tax, remuneration and employment law.

DavidsonMorris’ specialist global mobility consultants provide expert guidance to employers on all aspects of international assignments, from programme management and implementation to strategic consultancy to ensure value and return on the mobility investment. We understand the commercial drivers behind mobilising workers and the need to ensure compliance without impacting return on mobility investment.

We work with senior management teams, HR and mobility professionals to develop strategies that ensure effective compliance risk management while supporting delivery of the organisation’s global mobility objectives. For advice on making the most of international assignments, speak to 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/ Employment Case Law Update May 2024
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• Anne Morris https://www.davidsonmorris.com/author/anne/ Switching from Pre Settled to Settled Status
• Anne Morris https://www.davidsonmorris.com/author/anne/ EU Settled Status & Absences from UK

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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International Consulting: Roles, Responsibilities, and Salaries

Industry Advice Political Science & Security

In an increasingly global economy, leaders with skills in analysis, research, diplomacy, and cross-cultural relations are in high demand. Organizations including multinational corporations, government agencies, and nonprofits all employ international consultants to help drive key business decisions and develop strategic plans.

Success as an international consultant requires that individuals not only understand different cultures but are sensitive to what makes cultures different. Management styles, negotiation tactics, presentation techniques, and even dress codes all need to be adapted to where one is doing business.

Developing and maintaining a global perspective requires skills and training in both global studies and international relations . These disciplines are closely linked, but there are some subtle differences.

• Global studies explores issues such as politics, biology, culture, and economics through an international lens. It emphasizes how people, ideas, materials, and even diseases move across countries and oceans.
• International relations , on the other hand, focuses on the specific and unique relationships between nations and cultures. It emphasizes how these relationships impact diplomacy, politics, commercial and economic policy, legal disputes, and security.

If these topics interest you on a personal and professional level, then a career in international consulting may be right for you. Here’s what you need to know about what international consultants do, where they work, and how much they get paid.

Download Our Free Guide to Breaking into Global Studies and International Relations

A guide for what you need to know to prepare for, and work in, today’s globalized world.

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What do International Consultants Do? 

According to the Dictionary of International Trade, a leader in an international consulting role typically takes on the following responsibilities:

• Assess an organization’s future activities in foreign markets, such as opening a new facility or identifying a new business partner.
• Work closely with management and executive teams to develop strategic plans for both existing and emerging markets.
• Collaborate across disciplines within an organization, including human resources, IT, market research, and other business-line leaders.
• Communicate effectively in English and other languages, such as the native language of the country where one is based.

A Master of Science in Global Studies and International Relations prepares students to carry out these job responsibilities by building relevant skills. Students in the GSIR program:

• Learn and apply the theories, research methods, and approaches that are most relevant for investigating global issues.
• Evaluate contemporary political, social, and cultural issues from a government, nonprofit, or private-sector viewpoint—regardless of the type of organization they represent. 
• Gain perspectives from diverse fields of study, apply this knowledge to a practical challenge, and use the insights from the experience to respond to new and more complex challenges.
• Advise a global organization, gain international field study experience , and present research findings in an overseas location.

Types of Organizations Offering International Consulting Jobs 

A LinkedIn search for international consultant jobs shows that the companies that employ international consultants fall into several key categories. (In addition to LinkedIn results, sample job titles come from The Balance , a news site focused on job searching and career planning.) 

Consulting Firms

Consulting firms such as Accenture, Boston Consulting Group, Deloitte, and McKinsey have offices on all six continents. Roles at these firms can include short-term projects, long-term assignments, or permanent transfers. Consultants typically help organizations overcome existing challenges and plan for future growth. For example, a retail chain may want to know which new markets present the best opportunity or expansion, or a construction company may want to identify more sustainable suppliers for building materials.

Sample job titles : International project consultant, strategic management consultant, international development director, international business analyst, international business development manager

Multinational Companies

Multinational companies in industries such as banking, energy, technology, and construction are looking for business development leaders with both international consulting expertise and job experience in a particular field. Common international business careers include human resources, accounting, project management, compliance, cybersecurity, sales, and marketing. These are roles in which companies place a high value on an employee’s ability to work in a cross-cultural setting, manage diverse teams, and understand how to follow regulations in global markets.

Sample job titles : Mergers and acquisitions consultant, international project manager, global value and access consultant, international operations consulting manager, international technology coordinator, foreign currency investment advisor, global supply manager, import/export specialist, international health and benefits consultant

Government and International Development Agencies

Government agencies and international development organizations such as the U.S. Department of State, the United Nations, or the World Health Organization focus on international relations—diplomacy, foreign policy, intelligence, security, etc. This type of work is often a path into politics, but careers in global studies and international relations can also include military affairs, security, trade, and activism. Collaboration is an essential part of this work, as leaders must work alongside colleagues with a variety of skills, specialties, and backgrounds in order to accomplish their goals.

Sample job titles : Foreign affairs specialist, foreign policy advisor, foreign service officer, counterintelligence officer, intelligence analyst, foreign service officer, national security agent, diplomat , ambassador

Non-Government Organizations (NGOs)

Non-government organizations , or NGOs, focus on issues such as addressing climate change, improving education, increasing access to health care, preserving cultural heritage, developing local economies, and advancing science and technology. International consulting roles for these organizations may be based in the field or in a group’s headquarters in a major city. In addition, an organization’s efforts are likely to center on one of six major regions of the world—East Asia, Europe, Latin America, Middle East, Southwest and Central Asia, and Sub-Saharan Africa—so specialized work experience or educational background is a plus. 

Sample job titles : Global relations officer, country director, grants and compliance manager,  response team leader, humanitarian program manager, foreign aid worker, human rights activist

Niche Industries

Niche industries focus on very specialized markets that have a global audience. Examples include executive recruitment firms, luxury travel and real estate agencies, meeting and event planning, art collection, and relocation consultants that help individuals find jobs and/or housing in another country. 

Sample job titles : International business meeting planner, international travel counselor, international move management consultant, relocation consultant, international retirement leader, international travel recruiter

International Consulting Salaries

According to PayScale, the average salary for an individual with a master’s degree in global studies and international relations ranges from $67,000 to $70,000.

However, since international consultants can work for a variety of types of organizations, actual salaries can vary widely, depending on the type of organization, location of the work, and area of specialization. Consulting firms and for-profit companies, for example, tend to pay higher salaries than non-government organizations. Salaries will also vary based on a location’s cost of living, with jobs typically paying more in cities such as Hong Kong, London, New York, or Tokyo. The specialization of the international consulting role also matters—jobs in political and government affairs tend to have higher salaries than those in military operations, foreign affairs, or security analysis.

Here are some other salary considerations for an international consulting career:

• The U.S. Department of State offers hardship pay increases of up to 35 percent for diplomats who serve in volatile areas such as Afghanistan, Bangladesh, Syria, and certain parts of Africa. 
• Total compensation for new hires at consulting firms may be up to 30 percent higher than their base salary. New hires often receive signing and relocation or housing bonuses and are eligible for performance bonuses, as well. 
• Even if you prefer to live and work in the United States, developing a global perspective can help you earn more. For example, the average salary for a global logistics manager is about $93,000, according to PayScale, compared to about $65,000 for a domestic logistics manager . That’s an increase of nearly 43 percent. Likewise, the average salary of a sales manager is about $61,000, while the average salary of an international sales manager is more than $78,000—a difference of more than 27 percent.

How to Get a Job in International Consulting

Roles in international consulting and business can be difficult to get. Landing a job with the U.S. Department of State, for example, requires an extensive application and interview, as well as a background check and a medical exam. If this is the career path you want, be prepared for a months-long process.

It can also be hard to search for jobs that are based in a different country. Transitions Abroad, a magazine and news site for international job-seekers, points to the power of networking both online and in-person, starting with people you already know and focusing on high-quality relationships rather than a large number of impersonal relationships.

When networking, it’s important to be specific about your experience, the type of career you want, the type of organizations you are interested in, and your timeline for moving abroad. Being specific has two benefits: It helps you narrow down the list of people you want to network with, and it can help these contacts point you in the right direction.

Earning a master’s degree in global studies and international relations can help you identify and network with the right people to help you land the international consultant role you want. The degree program also gives you the experience you need to work successfully in a global setting, no matter where in the world you live, what type of organization you represent, or which field you enter. You’ll develop the skills you need to become a respected and trusted team leader.

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The average mid-career salary for international relations majors is $92.9K. (OneClass, 2018)

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Managing International Assignments

International assignment management is one of the hardest areas for HR professionals to master—and one of the most costly. The expense of a three-year international assignment can cost millions, yet many organizations fail to get it right. Despite their significant investments in international assignments, companies still report a 42 percent failure rate in these assignments. 1

With so much at risk, global organizations must invest in upfront and ongoing programs that will make international assignments successful. Selecting the right person, preparing the expatriate (expat) and the family, measuring the employee's performance from afar, and repatriating the individual at the end of an assignment require a well-planned, well-managed program. Knowing what to expect from start to finish as well as having some tools to work with can help minimize the risk.

Business Case

As more companies expand globally, they are also increasing international assignments and relying on expatriates to manage their global operations. According to KPMG's 2021 Global Assignment Policies and Practices Survey, all responding multinational organizations offered long-term assignments (typically one to five years), 88 percent offered short-term assignments (typically defined as less than 12 months), and 69 percent offered permanent transfer/indefinite length.

Managing tax and tax compliance, cost containment and managing exceptions remain the three principal challenges in long-term assignment management according to a 2020 Mercer report. 2

Identifying the Need for International Assignment

Typical reasons for an international assignment include the following:

• Filling a need in an existing operation.
• Transferring technology or knowledge to a worksite (or to a client's worksite).
• Developing an individual's career through challenging tasks in an international setting.
• Analyzing the market to see whether the company's products or services will attract clients and users.
• Launching a new product or service.

The goal of the international assignment will determine the assignment's length and help identify potential candidates. See Structuring Expatriate Assignments and the Value of Secondment and Develop Future Leaders with Rotational Programs .

Selection Process

Determining the purpose and goals for an international assignment will help guide the selection process. A technical person may be best suited for transferring technology, whereas a sales executive may be most effective launching a new product or service.

Traditionally, organizations have relied on technical, job-related skills as the main criteria for selecting candidates for overseas assignments, but assessing global mindset is equally, if not more, important for successful assignments. This is especially true given that international assignments are increasingly key components of leadership and employee development.

To a great extent, the success of every expatriate in achieving the company's goals in the host country hinges on that person's ability to influence individuals, groups and organizations that have a different cultural perspective.

Interviews with senior executives from various industries, sponsored by the Worldwide ERC Foundation, reveal that in the compressed time frame of an international assignment, expatriates have little opportunity to learn as they go, so they must be prepared before they arrive. Therefore, employers must ensure that the screening process for potential expatriates includes an assessment of their global mindset.

The research points to three major attributes of successful expatriates:

• Intellectual capital. Knowledge, skills, understanding and cognitive complexity.
• Psychological capital. The ability to function successfully in the host country through internal acceptance of different cultures and a strong desire to learn from new experiences.
• Social capital. The ability to build trusting relationships with local stakeholders, whether they are employees, supply chain partners or customers.

According to Global HR Consultant Caroline Kersten, it is generally understood that global leadership differs significantly from domestic leadership and that, as a result, expatriates need to be equipped with competencies that will help them succeed in an international environment. Commonly accepted global leadership competencies, for both male and female global leaders, include cultural awareness, open-mindedness and flexibility.

In particular, expatriates need to possess a number of vital characteristics to perform successfully on assignment. Among the necessary traits are the following:

• Confidence and self-reliance: independence; perseverance; work ethic.
• Flexibility and problem-solving skills: resilience; adaptability; ability to deal with ambiguity.
• Tolerance and interpersonal skills: social sensitivity; observational capability; listening skills; communication skills.
• Skill at handling and initiating change: personal drivers and anchors; willingness to take risks.

Trends in international assignment show an increase in the younger generation's interest and placement in global assignments. Experts also call for a need to increase female expatriates due to the expected leadership shortage and the value employers find in mixed gender leadership teams. See Viewpoint: How to Break Through the 'Mobility Ceiling' .

Employers can elicit relevant information on assignment successes and challenges by means of targeted interview questions with career expatriates, such as the following:

• How many expatriate assignments have you completed?
• What are the main reasons why you chose to accept your previous expatriate assignments?
• What difficulties did you experience adjusting to previous international assignments? How did you overcome them?
• On your last assignment, what factors made your adjustment to the new environment easier?
• What experiences made interacting with the locals easier?
• Please describe what success or failure means to you when referring to an expatriate assignment.
• Was the success or failure of your assignments measured by your employers? If so, how did they measure it?
• During your last international assignment, do you recall when you realized your situation was a success or a failure? How did you come to that determination?
• Why do you wish to be assigned an international position?

Securing Visas

Once an individual is chosen for an assignment, the organization needs to move quickly to secure the necessary visas. Requirements and processing times vary by country. Employers should start by contacting the host country's consulate or embassy for information on visa requirements. See Websites of U.S. Embassies, Consulates, and Diplomatic Missions .

Following is a list of generic visa types that may be required depending on the nature of business to be conducted in a particular country:

• A work permit authorizes paid employment in a country.
• A work visa authorizes entry into a country to take up paid employment.
• A dependent visa permits family members to accompany or join employees in the country of assignment.
• A multiple-entry visa permits multiple entries into a country.

Preparing for the Assignment

An international assignment agreement that outlines the specifics of the assignment and documents agreement by the employer and the expatriate is necessary. Topics typically covered include:

• Location of the assignment.
• Length of the assignment, including renewal and trial periods, if offered.
• Costs paid by the company (e.g., assignment preparation costs, moving costs for household goods, airfare, housing, school costs, transportation costs while in country, home country visits and security).
• Base salary and any incentives or allowances offered.
• Employee's responsibilities and goals.
• Employment taxes.
• Steps to take in the event the assignment is not working for either the employee or the employer.
• Repatriation.
• Safety and security measures (e.g., emergency evacuation procedures, hazards).

Expatriates may find the reality of foreign housing very different from expectations, particularly in host locations considered to be hardship assignments. Expats will find—depending on the degree of difficulty, hardship or danger—that housing options can range from spacious accommodations in a luxury apartment building to company compounds with dogs and armed guards. See Workers Deal with Affordable Housing Shortages in Dubai and Cairo .

Expats may also have to contend with more mundane housing challenges, such as shortages of suitable housing, faulty structures and unreliable utility services. Analyses of local conditions are available from a variety of sources. For example, Mercer produces Location Evaluation Reports, available for a fee, that evaluate levels of hardship for 14 factors, including housing, in more than 135 locations.

Although many employers acknowledge the necessity for thorough preparation, they often associate this element solely with the assignee, forgetting the other key parties involved in an assignment such as the employee's family, work team and manager.

The expatriate

Consider these points in relation to the assignee:

• Does the employee have a solid grasp of the job to be done and the goals established for that position?
• Does the employee understand the compensation and benefits package?
• Has the employee had access to cultural training and language instruction, no matter how similar the host culture may be?
• Is the employee receiving relocation assistance in connection with the physical move?
• Is there a contact person to whom the employee can go not only in an emergency but also to avoid becoming "out of sight, out of mind"?
• If necessary to accomplish the assigned job duties, has the employee undergone training to get up to speed?
• Has the assignee undergone an assessment of readiness?

To help the expatriate succeed, organizations are advised to invest in cross-cultural training before the relocation. The benefits of receiving such training are that it: 3

• Prepares the individual/family mentally for the move.
• Removes some of the unknown.
• Increases self-awareness and cross-cultural understanding.
• Provides the opportunity to address questions and anxieties in a supportive environment.
• Motivates and excites.
• Reduces stress and provides coping strategies.
• Eases the settling-in process.
• Reduces the chances of relocation failure.

See Helping Expatriate Employees Deal with Culture Shock .

As society has shifted from single- to dual-income households, the priorities of potential expatriates have evolved, as have the policies organizations use to entice employees to assignment locations. In the past, from the candidate's point of view, compensation was the most significant component of the expatriate package. Today more emphasis is on enabling an expatriate's spouse to work. Partner dissatisfaction is a significant contributor to assignment failure. See UAE: Expat Husbands Get New Work Opportunities .

When it comes to international relocation, most organizations deal with children as an afterthought. Factoring employees' children into the relocation equation is key to a successful assignment. Studies show that transferee children who have a difficult time adjusting to the assignment contribute to early returns and unsuccessful completion of international assignments, just as maladjusted spouses do. From school selection to training to repatriation, HR can do a number of things to smooth the transition for children.

Both partners and children must be prepared for relocation abroad. Employers should consider the following:

• Have they been included in discussions about the host location and what they can expect? Foreign context and culture may be more difficult for accompanying family because they will not be participating in the "more secure" environment of the worksite. Does the family have suitable personal characteristics to successfully address the rigors of an international life?
• In addition to dual-career issues, other common concerns include aging parents left behind in the home country and special needs for a child's education. Has the company allowed a forum for the family to discuss these concerns?

The work team

Whether the new expatriate will supervise the existing work team, be a peer, replace a local national or fill a newly created position, has the existing work team been briefed? Plans for a formal introduction of the new expatriate should reflect local culture and may require more research and planning as well as input from the local work team.

The manager/team leader

Questions organization need to consider include the following: Does the manager have the employee's file on hand (e.g., regarding increases, performance evaluations, promotions and problems)? Have the manager and employee engaged in in-depth conversations about the job, the manager's expectations and the employee's expectations?

Mentors play an important role in enhancing a high-performing employee's productivity and in guiding his or her career. In a traditional mentoring relationship, a junior executive has ongoing face-to-face meetings with a senior executive at the corporation to learn the ropes, set goals and gain advice on how to better perform his or her job.

Before technological advances, mentoring programs were limited to those leaders who had the time and experience within the organization's walls to impart advice to a few select people worth that investment. Technology has eliminated those constraints. Today, maintaining a long-distance mentoring relationship through e-mail, telephone and videoconferencing is much easier. And that technology means an employer is not confined to its corporate halls when considering mentor-mentee matches.

The organization

If the company is starting to send more employees abroad, it has to reassess its administrative capabilities. Can existing systems handle complicated tasks, such as currency exchanges and split payrolls, not to mention the additional financial burden of paying allowances, incentives and so on? Often, international assignment leads to outsourcing for global expertise. Payroll, tax, employment law, contractual obligations, among others, warrant an investment in sound professional advice.

Employment Laws

Four major U.S. employment laws have some application abroad for U.S. citizens working in U.S.-based multinationals:

• Title VII of the Civil Rights Act.
• The Age Discrimination in Employment Act (ADEA).
• The Americans with Disabilities Act (ADA).
• The Uniformed Services Employment and Reemployment Rights Act (USERRA).

Title VII, the ADEA and the ADA are the more far-reaching among these, covering all U.S. citizens who are either:

• Employed outside the United States by a U.S. firm.
• Employed outside the United States by a company under the control of a U.S. firm.

USERRA's extraterritoriality applies to veterans and reservists working overseas for the federal government or a firm under U.S. control. See Do laws like the Fair Labor Standards Act and the Family and Medical Leave Act apply to U.S. citizens working in several other countries?

Employers must also be certain to comply with both local employment law in the countries in which they manage assignments and requirements for corporate presence in those countries. See Where can I find international employment law and culture information?

Compensation

Companies take one of the following approaches to establish base salaries for expatriates:

• The home-country-based approach. The objective of a home-based compensation program is to equalize the employee to a standard of living enjoyed in his or her home country. Under this commonly used approach, the employee's base salary is broken down into four general categories: taxes, housing, goods and services, and discretionary income.
• The host-country-based approach. With this approach, the expatriate employee's compensation is based on local national rates. Many companies continue to cover the employee in its defined contribution or defined benefit pension schemes and provide housing allowances.
• The headquarters-based approach. This approach assumes that all assignees, regardless of location, are in one country (i.e., a U.S. company pays all assignees a U.S.-based salary, regardless of geography).
• Balance sheet approach. In this scenario, the compensation is calculated using the home-country-based approach with all allowances, deductions and reimbursements. After the net salary has been determined, it is then converted to the host country's currency. Since one of the primary goals of an international compensation management program is to maintain the expatriate's current standard of living, developing an equitable and functional compensation plan that combines balance and flexibility is extremely challenging for multinational companies. To this end, many companies adopt a balance sheet approach. This approach guarantees that employees in international assignments maintain the same standard of living they enjoyed in their home country. A worksheet lists the costs of major expenses in the home and host countries, and any differences are used to increase or decrease the compensation to keep it in balance.

Some companies also allow expatriates to split payment of their salaries between the host country's and the home country's currencies. The expatriate receives money in the host country's currency for expenses but keeps a percentage of it in the home country currency to safeguard against wild currency fluctuations in either country.

As for handling expatriates taxes, organizations usually take one of four approaches:

• The employee is responsible for his or her own taxes.
• The employer determines tax reimbursement on a case-by-case basis.
• The employer pays the difference between taxes paid in the United States and the host country.
• The employer withholds U.S. taxes and pays foreign taxes.

To prevent an expatriate employee from suffering excess taxation of income by both the U.S. and host countries, many multinational companies implement either a tax equalization or a tax reduction policy for employees on international assignments. Additionally, the United States has entered into  bilateral international social security agreements  with numerous countries, referred to as "totalization agreements," which allow for an exemption of the social security tax in either the home or host country for defined periods of time.

A more thorough discussion of compensation and tax practices for employees on international assignment can be found in SHRM's Designing Global Compensation Systems toolkit.

How do we handle taxes for expatriates?

Can employers pay employees in other countries on the corporate home-country payroll?

Measuring Expatriates' Performance

Failed international assignments can be extremely costly to an organization. There is no universal approach to measuring an expatriate's performance given that specifics related to the job, country, culture and other variables will need to be considered. Employers must identify and communicate clear job expectations and performance indicators very early on in the assignment. A consistent and detailed assessment of an expatriate employee's performance, as well as appraisal of the operation as a whole, is critical to the success of an international assignment. Issues such as the criteria for and timing of performance reviews, raises and bonuses should be discussed and agreed on before the employees are selected and placed on international assignments.

Employees on foreign assignments face a number of issues that domestic employees do not. According to a 2020 Mercer report 4 , difficulty adjusting to the host country, poor candidate selection and spouse or partner's unhappiness are the top three reasons international assignments fail. Obviously, retention of international assignees poses a significant challenge to employers.

Upon completion of an international assignment, retaining the employee in the home country workplace is also challenging. Unfortunately, many employers fail to track retention data of repatriated employees and could benefit from collecting this information and making adjustments to reduce the turnover of employees returning to their home country.

Safety and Security

When faced with accident, injury, sudden illness, a disease outbreak or politically unstable conditions in which personal safety is at risk, expatriate employees and their dependents may require evacuation to the home country or to a third location. To be prepared, HR should have an evacuation plan in place that the expatriate can share with friends, extended family and colleagues both at home and abroad. See Viewpoint: Optimizing Global Mobility's Emergency Response Plans .

Many companies ban travel outside the country in the following circumstances:

• When a travel advisory is issued by the World Health Organization, Centers for Disease Control and Prevention, International SOS or a government agency.
• When a widespread outbreak of a specific disease occurs or if the risk is deemed too high for employees and their well-being is in jeopardy.
• If the country is undergoing civil unrest or war or if an act of terrorism has occurred.
• If local management makes the decision.
• If the employee makes the decision.

Once employees are in place, the decision to evacuate assignees and dependents from a host location is contingent on local conditions and input from either internal sources (local managers, headquarters staff, HR and the assignee) or external sources (an external security or medical firm) or both. In some cases, each host country has its own set of evacuation procedures.

Decision-makers should consider all available and credible advice and initially transport dependents and nonessential personnel out of the host country by the most expeditious form of travel.

Navigating International Crises

How can an organization ensure the safety and security of expatriates and other employees in high-risk areas?

The Disaster Assistance Improvement Program (DAIP)

Repatriation

Ideally, the repatriation process begins before the expatriate leaves his or her home country and continues throughout the international assignment by addressing the following issues.

Career planning. Many managers are responsible for resolving difficult problems abroad and expect that a well-done job will result in promotion on return, regardless of whether the employer had made such a promise. This possibly unfounded assumption can be avoided by straightforward career planning that should occur in advance of the employee's accepting the international assignment. Employees need to know what impact the expatriate assignment will have on their overall advancement in the home office and that the international assignment fits in their career path.

Mentoring. The expatriate should be assigned a home-office mentor. Mentors are responsible for keeping expatriates informed on developments within the company, for keeping the expatriates' names in circulation in the office (to help avoid the out-of-sight, out-of-mind phenomenon) and for seeing to it that expatriates are included in important meetings. Mentors can also assist the expatriate in identifying how the overseas experience can best be used on return. Optimum results are achieved when the mentor role is part of the mentor's formal job duties.

Communication. An effective global communication plan will help expatriates feel connected to the home office and will alert them to changes that occur while they are away. The Internet, e-mail and intranets are inexpensive and easy ways to bring expatriates into the loop and virtual meeting software is readily available for all employers to engage with global employees. In addition, organizations should encourage home-office employees to keep in touch with peers on overseas assignments. Employee newsletters that feature global news and expatriate assignments are also encouraged.

Home visits. Most companies provide expatriates with trips home. Although such trips are intended primarily for personal visits, scheduling time for the expatriate to visit the home office is an effective method of increasing the expatriate's visibility. Having expatriates attend a few important meetings or make a presentation on their international assignment is also a good way to keep them informed and connected.

Preparation to return home. The expatriate should receive plenty of advance notice (some experts recommend up to one year) of when the international assignment will end. This notice will allow the employee time to prepare the family and to prepare for a new position in the home office. Once the employee is notified of the assignment's end, the HR department should begin working with the expatriate to identify suitable positions in the home office. The expatriate should provide the HR department with an updated resume that reflects the duties of the overseas assignment. The employee's overall career plan should be included in discussions with the HR professional.

Interviews. In addition to home leave, organizations may need to provide trips for the employee to interview with prospective managers. The face-to-face interview will allow the expatriate to elaborate on skills and responsibilities obtained while overseas and will help the prospective manager determine if the employee is a good fit. Finding the right position for the expatriate is crucial to retaining the employee. Repatriates who feel that their new skills and knowledge are underutilized may grow frustrated and leave the employer.

Ongoing recognition of contributions. An employer can recognize and appreciate the repatriates' efforts in several ways, including the following:

• Hosting a reception for repatriates to help them reconnect and meet new personnel.
• Soliciting repatriates' help in preparing other employees for expatriation.
• Asking repatriates to deliver a presentation or prepare a report on their overseas assignment.
• Including repatriates on a global task force and asking them for a global perspective on business issues.

Measuring ROI on expatriate assignments can be cumbersome and imprecise. The investment costs of international assignments can vary dramatically and can be difficult to determine. The largest expatriate costs include overall remuneration, housing, cost-of-living allowances (which sometimes include private schooling costs for children) and physical relocation (the movement to the host country of the employee, the employee's possessions and, often, the employee's family).

But wide variations exist in housing expenses. For example, housing costs are sky-high in Tokyo and London, whereas Australia's housing costs are moderate. Another significant cost of expatriate assignments involves smoothing out differences in pay and benefits between one country and another. Such cost differences can be steep and can vary based on factors such as exchange rates (which can be quite volatile) and international tax concerns (which can be extremely complex).

Once an organization has determined the costs of a particular assignment, the second part of the ROI challenge is calculating the return. Although it is relatively straightforward to quantify the value of fixing a production line in Puerto Rico or of implementing an enterprise software application in Asia, the challenge of quantifying the value of providing future executives with cross-cultural perspectives and international leadership experience can be intimidating.

Once an organization determines the key drivers of its expatriate program, HR can begin to define objectives and assess return that can be useful in guiding employees and in making decisions about the costs they incur as expatriates. Different objectives require different levels and lengths of tracking. Leadership development involves a much longer-term value proposition and should include a thorough repatriation plan. By contrast, the ROI of an international assignment that plugs a skills gap is not negatively affected if the expatriate bolts after successfully completing the engagement.

Additional Resources

International Assignment Management: Expatriate Policy and Procedure

Introduction to the Global Human Resources Discipline

1Mulkeen, D. (2017, February 20). How to reduce the risk of international assignment failure. Communicaid. Retrieved from https://www.communicaid.com/cross-cultural-training/blog/reducing-risk-international-assignment-failure/

2Mercer. (2020). Worldwide Survey of International Assignment Policies and Practices. Retrieved from https://mobilityexchange.mercer.com/international-assignments-survey .

3Dickmann, M., & Baruch, Y. (2011). Global careers. New York: Routledge.

4Mercer. (2020). Worldwide Survey of International Assignment Policies and Practices. Retrieved from https://mobilityexchange.mercer.com/international-assignments-survey

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5 Tips for Managing Successful Overseas Assignments

• Andy Molinsky
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Stay in constant touch and have a plan for their return.

Sending talented employees overseas can be a promising way to leverage the benefits of a global economy. But expatriate assignments can be extremely expensive: up to three times the cost of a person’s typical annual salary, according to some statistics. And despite the investment, many organizations lack the know-how for optimizing the potential benefits, leaving them disappointed with the results. The unfortunate reality is that even companies providing well-crafted relocation packages (including the all-important cultural training) may not have the talent management mechanisms in place to truly leverage the valuable skills expatriate employees gain during their assignments.

• Andy Molinsky is a professor of Organizational Behavior and International Management at Brandeis University and the author of Global Dexterity , Reach , and Forging Bonds in a Global Workforce . Connect with him on LinkedIn and download his free e-booklet of 7 myths about working effectively across cultures .
• Melissa Hahn teaches intercultural communication at American University’s School of International Service. Her new book, Forging Bonds in a Global Workforce (McGraw Hill), helps global professionals build effective relationships across cultures.

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Compensation and Benefits: Essentials of International Assignment Management

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• Juergen Czajor 2  

Internationalization became an essential strategic dimension for companies to ensure profitable growth. International assignments play an important role to implement this strategy. As a consequence the number of international assignees is growing year by year; they work as interface manager between headquarters and branch office, as cultural ambassador, or as technical specialist to transfer knowledge. For ambitious and open candidates, a position in a foreign country and in a different culture can be an interesting step to further develop their professional career. International assignment management first of all needs a policy framework, defining the compensation and benefit package, especially the typical assignment allowances depending on distance to the home country and hardship of the host country. The administration of international assignments secondly requires standardized processes for all phases of an assignment, from selection to reintegration and with clear allocation of roles and responsibilities between all human resources partners involved. Organizations exchanging bigger numbers of specialists and executives between several countries work with centralized assignment management teams, who cooperate with local HR in the host countries and often use external partners for relocation, social security, payroll, and taxation to manage this complex task.

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Expatriate Management/International Assignment Policy

Individual Offshoring: An Emerging Trend for Global Careers

Deutsche Industrie- und Handelskammer in Japan (DIHKJ) –Auditor – (2007) Expatriate versus Local, Vor- und Nachteile von Expatriates in japanischen Tochtergesellschaften deutscher Unternehmen. http://japan.ahk.de

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Weber S (2010) Implementierung westlicher Standards an einem neuen Unternehmensstandort als Voraussetzung fuer den internationalen Mitarbeitereinsatz. Diploma thesis at Hochschule Pforheim

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Consultants and International Assignments

By Jessica Sun

International experience is a crucial differentiator for current and future leaders, according to Peter Lacy , Global Managing Director of Strategy & Sustainability Services at Accenture.

“Our clients increasingly operate seamlessly across borders. Our people need to be able to do the same,” he says. “That mindset comes from being exposed to new business cultures and experiences that come with international placements.”

As an Executive Search Firm, we find that many companies are looking to cultivate the next-generation of leaders for an increasingly global marketplace. As companies and businesses continue to stretch their operations across borders to meet the demands of a globalized market, there are now many opportunities for management consultants to seek assignments abroad.

If you are a management consultant interested in pursuing an international assignment with your firm, here are some insights from former management consultants who incorporated an international assignment into their consulting careers:

You will develop a word view through exposure to new cultures, new problems, and new industries:

When I was pitched a “couple month project near a beach” in a country I’d never been to, I figured “why not” and took the chance to go and work in Indonesia. The project ended up lasting a year, and I essentially lived out of a suitcase for the next 4-5 years after that, working on projects throughout Asia including Thailand, the Philippines, Australia, and Korea. It was a really interesting time to be in Asia – the financial economies were collapsing and there was very challenging work for us in helping large conglomerates optimize their corporate portfolios and restructure businesses. I felt like I was in “Lost in Translation” at times, but it taught me a lot about patience, and about being open minded to different cultures and people.

Eng Tan, Vice President & Head of Client Marketing at Asurion, LLC; Booz & Company Alum

You will learn to be adaptable and flexible:

International exposure has had a huge impact on my career, and a good chunk of my experience has been outside of the U.S. I think that in order to work well internationally, you need to be both curious and humble, and assignments abroad are somewhat of a torture test for those two traits. You gain flexibility and an appreciation for diversity within a team, as most teams abroad have a broader spectrum of views, languages, etc., than U.S. teams have to offer.

Andrew Bienkowski, Vice President & Group Managing Director at S.C. Johnson & Son; Accenture Alum

If you’re in a senior position within a company that has an international business, it’s really hard to understand other cultures without experience making the adjustment to a different place and way of doing things. Visiting a country is very different than actually living and working there, so personal experience with that type of change and immersion is certainly valuable.

You will gain the insight necessary to be a well-informed business leader:

My international experience has 100% impacted my career. It is absolutely important to have that experience in today’s world – if you don’t, you will lack credibility and a context to make well-informed business decisions. Until you are outside of the U.S., you don’t really appreciate its size and importance; at the same time, you may also lack a knowledge of its flaws. Taken in terms of operating level, it is also critical at the senior ranks – when you are working with senior executives they want you to be able to talk the same game.

Dave Kluz, Managing Director at Pernod Ricard SA; Boston Consulting Group Alum belief, but I feel as though when you lack international experience you are left a bit more underdeveloped than you would be otherwise. My company operates on a “Think global, act local” mantra, and the leveraged learning you get from understanding economies of scale, etc., is key to what we do. To really be leaders nowadays, I think you have to take it global.

Bruce Hawver, Chief Executive Officer at SteelSeries; McKinsey & Company Alum

In my own experience, I worked abroad in the earlier portion of my career, and I returned to the U.S. at a time when the domestic world was starting to develop the more matrixed and vague roles you see today. There was a need for people to influence organizations. My international roles were key in my ability to have that influence, because I had been working with people in Europe in these types of global roles that the U.S. was just developing. It was as though I had gotten to pilot test it.

It can accelerate your career towards senior-level executive positions:

If you’re actually thinking of your career more broadly, I think [an international consulting assignment] helps, because bringing geographic diversity to your curriculum is now a must-have for any kind of C-level executive position. There are more and more positions now, especially at the GM level, for which experience on at least two, if not three, continents, is required. And just Europe and the US are almost not good enough now. You need to have Europe, the US, and probably Asia or Africa to be relevant.

Nicolai Gerard, Digital Acceleration Officer at Groupe SEB; Bain & Company Alum

…But it could hinder your career progression if you are in consulting for the long-haul:

It certainly hurts if you’re aiming for Partnership, because at a point — probably when you reach the Manager level — if you’re serious about making it to Partner you’ll want to capitalize on your network locally.

These former consultants pursued international opportunities during their management consulting careers and gained a bettering understanding of the international factors shaping their and their clients’ businesses. While an international experience may not fit into your current career trajectory, the benefits of a global mindset, an international network of contacts, and exposure to emerging global markets helped each of these consultants leverage his international experience towards his current senior-level executive role.

International Assignments: New Roles and Responsibilities for HR

The crucial role of hr in managing international assignments.

The process of managing international assignments can be complicated. HR departments play a crucial role in making sure they run smoothly. Our managing partner, Stefan Remhof , lays out the specific tasks and challenges in this process, including additional complexities like sensitivity to our rapidly changing world and new roles within a company.

The challenge of international assignments for everyone involved

Sending employees abroad is challenging for everyone involved. From the employees and their families to the employer and company, international assignments are a huge change. More than a geographical shift, there are logistical, operational and operational nuances to consider. Financially, committing to international assignments signifies more than a mere allocation of resources; it symbolises a strategic investment in a company’s human capital. Navigating the complexities of international assignments requires a modern approach. Gain additional perspectives on this topic through the collaborative insights found in LinkedIn’s article on Managing International Assignments Effectively , which explores the challenges and strategies in managing these assignments effectively.

International assignments as part of career development

International assignments are designed to give employees’ careers a boost. Traditionally, they focused on knowledge transfer across borders. But this can now occur in a digital environment. Although international assignments remain an attractive asset, how people approach them has changed. Employees want to further their personal and cultural enrichment, as well as enjoyment. They have a desire to learn from foreign cultures, enhance their educational level and professional development. Their quality of life is more important to them than workplace performance. This modern shift places greater emphasis on employer attractiveness and employee retention.

The Growing Importance of HR’s Role in International Assignments

For a successful company attachment, structured collaboration from all stakeholders is vital. This is where the HR department becomes increasingly important. It’s their job to ensure the entire expat management process occurs without issues. HR helps provide solutions to support employees and their families, allowing them to successfully complete their objectives during the assignment. For a comprehensive understanding of how HR managers can ensure a smooth transition for employees, ARC’s detailed guide offers a Guide for HR Managers and Employees .

7 essential HR responsibilities in managing international assignments

• Preparing Employees: HR plays a crucial role in properly preparing employees for their expat assignment. This can include simple things like information about the destination country, its culture, lifestyle and work ethic. And it can also include more detailed intercultural training.
• Visa and Work Permits: This involves the procurement of all necessary visas and work permits, not just for employees but also their families. Here, HR plays a vital role in minimising stress for the employee and ensuring a smooth transition to their international assignment.
• Legal Issues and Compliance: International assignments can involve complex legal issues. But by closely monitoring legal standards and staying up to date, the HR team works to make sure international assignments align with both global regulations and the company’s internal compliance policies.
• Housing and Relocation Support: Relocation is complicated and cause unnecessary stress for employees when trying to adjust to a new environment. Taking an active role in supporting employees in the search for suitable housing makes a huge difference to the entire international assignment experience.
• Health Insurance Support: Ensuring employees and their families receive comprehensive and correct health insurance coverage throughout the entirety of their international assignment relieves the burden of trying to navigate new healthcare systems.
• Payroll and Taxes: Handling payroll processes and taxation in accordance with local regulation to ensure accuracy and compliance at all times.
• Post-Assignment Support: Extending support beyond the international assignment by assisting in the repatriation and reintegration process supports employees and reduces challenges upon return.

Naturally, HR departments may not have enough resources to manage all these responsibilities. External service providers can take over some or all of these tasks, with support and coordination from HR. Companies can choose how to delegate these responsibilities but they are nonetheless highly important and should not be overlooked. In order to support and offer international corporate global mobility, companies must develop the structures to offer security to employees and help contribute to their personal learning and professional development.

Developing a Global Mindset

Companies that operate on a global scale face the challenge of trying to maximise opportunities but minimise risks with global mobility. Strategically planning for staffing needs, especially for highly skilled workers, gives them a competitive edge. H2: The Evolving Role of International HR Management International HR management is constantly changing and adapting. Managing a culturally diverse global workforce across countries and cultures is a significant challenge requiring innovative solutions. Developing a global mindset is essential here, as well as ensuring an understanding of leadership among executives.

Sensitivity to a Changing World is essential for HR strategies

As the world undergoes shifts from globalisation to nationalisation once again, public sentiment is changing. Companies are now re-evaluating their global activities. Transparency is vital as companies relocate more of their operations back to their home countries.

Adapting to Changing Needs in International Assignments

The need for and importance of international assignments is changing for global companies. HR professionals and expat management specialists must integrate into different value systems to create a common work environment that encourages effective communication and common goal achievement.

More than ever, global companies need a deep understanding of local business practices and must understand the needs of local customers and stakeholders. Developing a global mindset among leaders and employees is essential. International HR management must take on a new role with different strategies and solutions in order to guide organisations through the uncharted waters of globalisation. This changing and modern role around the global workforce should also be reflected in university and college curricula.

Visit our content page for more information on expat management, international assignments and HR solutions for the global workforce.

Author: Prof. Dr. Stefan Remhof is a Professor of International Management at IU International University and Managing Partner of the People Mobility Alliance. He has many years of professional and management experience in the fields of education management, politics, the consumer goods industry, and financial services.

The Keys to Effective Expatriate Selection: Adaptability and Competence

Navigating global leadership: the essence of a global mindset, benefits of language proficiency in global talent acquisition, the transformation from hr tech to people tech, the evolution of the pma, the rise of workation as an employee benefit: key insights from leading german companies, the impact of remote work on the physical health of employees, how roles and capabilities of global mobility and talent management changed during covid-19, 6 experts explain the impact of remote and hybrid work on employee mental health, employee housing solutions: a key to hr success.

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Daniel is a global workforce consultant, podcaster and investor. cultural diversity and global collaboration have been his passion for more than 20 years. he has worked in global mobility for various corporations in many different countries, but is currently based in berlin, where he enjoys the city’s creativity, diversity and open mindset., the members of the people mobility alliance are united by the same passion: fostering cultural diversity and embracing technological advancement. we welcome everyone who is open to new perspectives, likes to give and receive new ideas and who will therefore help shape this alliance. find like-minded people and exchange ideas about relevant topics, such as hr strategy, digitization, transformation processes and more. most importantly, help drive change in how people mobility is performed. join today..

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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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I am an attorney licensed in both California and Mexico. I offer a unique blend of 14 years of legal expertise that bridges the gap between diverse legal landscapes. My background is enriched by significant roles as in-house counsel for global powerhouses such as Anheuser-Busch, Campari Group, and Grupo Lala, alongside contributions to Tier 1 law firms. I specialize in navigating the complexities of two pivotal areas: AI/Tech Innovation: With a profound grasp of both cutting-edge transformer models and foundational machine learning technologies, I am your go-to advisor for integrating these advancements into your business. Whether it's B2B or B2C applications, I ensure that your company harnesses the power of AI in a manner that's not only enterprise-friendly but also fully compliant with regulatory standards. Cross-Border Excellence: My expertise extends beyond borders, with over a decade of experience facilitating cross-border operations for companies in more than 20 countries. I am particularly adept at enhancing US-Mexico operations, ensuring seamless and efficient business transactions across these territories.

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• Apr 8, 2021

Fees, fees, fees: How much can I charge as an independent consultant?

Updated: Nov 23, 2022

How long is a piece of string?

It is impossible to give a one-size-fits-all answer but this article will explore some of the pricing issues in the world of independent consulting in the international development and social impact spaces.

The issue of fees might be uncomfortable to some IC-Hubbers, as many of us went into this field to make some form of positive social impact that isn't easily measured by the free market. That said, just like with any form of social impact work, your consulting journey needs to be sustainable. It is your livelihood and fees are part of that!

Note that we're talking about our experiences with fees, which are mainly based on daily rates. Some consultants (e.g. copywriters) may charge hourly rates and others price based on a product (e.g. for a training workshop, you may charge per participant).

No, but seriously, how much can I charge?

Okay, we know you might very quickly be looking for a ball-park figure.

For international consultants working for organisations headquartered in higher-income countries (e.g. international NGOs or UN agencies), 300 USD is what we've heard of and consider a standard starting daily rate. We'd consider around 1000 USD to be about as high as you get until you're in the category of star keynote speaker at a large development conference. We don't know anyone personally who consistently charges that.

For our peers (international consultants working for international NGOs and UN agencies), I would say 350-650 USD to be the range for consultants with 5-10 years of career experience.

We also know that for EU development cooperation consultancy assignments, experienced experts (10+ years experience) can earn 800 EUR per working day (update: some other contacts in EuropeAid contractors suggest this figure is closer to 500-600 EUR). Junior experts (3-5 years experience) can earn around 400 EUR (update: some other contacts in EuropeAid contractors suggest this figure is closer to 200-250 EUR).

Factors that influence your rate

Type of client: NGO clients tend to pay less than governments, UN agencies and private-sector clients. International NGOs tend to pay more than national NGOs. We nonetheless know many small NGOs (in high-income countries) can pay international consultants 300 USD daily rates. I've heard of the World Bank and Swiss development donors paying 800 EUR daily rates and flying consultants business class. This "administrative instruction" from the UN Secretariat in 2013 gives an outdated but interesting overview of UN consulting bands and rates for different skill levels (from 180 USD to 980 USD).

Location of assignment: Home-based assignments may (but by no means always) pay less than assignments involving travel, as travel assignments tend to pay per diems (which tend to be high for UN and large institutional donor clients) on top of your fees (NGO clients in the UK often reimburse expenses instead of paying per diems). Similarly, assignments based in your own country may command lower rates than assignments that bring in international consultants from abroad. Assignments in higher-risk countries (e.g. conflict zones) may pay more than those in lower-risk countries. NGOs based in lower-income countries hiring local consultants will likely pay less than those based in higher-income countries, as rates are also influenced by prevailing domestic market rates.

Expertise and experience: Your perceived level of expertise and experience relevant to the assignment will influence how much clients are willing to pay. If you are considered an expert in your field, you will likely command higher fees. In EU development consulting , fees may be based on the number of years of work experience - which they may ask you to prove through work completion certificates or sharing past contracts.

Length of assignment: You may command a higher rate for shorter consultancy assignments. Just like bulk discounts of any kind, you may offer discounts to clients who give you a guaranteed minimum number of working days or the promise of regular work.

"Impact" or complexity of assignment: Consultancy services which could be carried out by in-house staff but which are outsourced for convenience (e.g. everyday administrative tasks like bookkeeping) may generally pay less than tasks where external expertise is sought because it doesn't exist in the organisation (e.g. niche thematic expert). A one-off or occasional exercise to contract a consultant to develop a long-term organisational strategy may pay more than drafting a regular blogpost. A consulting assignment that involves the consultant coordinating a team will likely pay more than an individual consultancy.

Pricing strategies

Predatory pricing: Going in at a lower-than-market rate to "beat the competition". See below why we don't recommend this.

High-value (Veblen-esque) pricing: Or as one IC-Hubber told me once, "Quote the highest price that you are able to say without laughing". She told me she was getting 800 USD per day from UNDP HQ. In other words, quote high to convey that you're a high-value consultant.

Value pricing: Per the meme in our Facebook group , "If I do a job in 30 minutes, it's because I spent 10 years learning how to do that in 30 minutes. You owe me for the years not the minutes." Quote more for projects where you consider your service to be delivering greater measurable value to the client; even when the time commitment on your side is lower. If your research work for a UN agency or international NGO could help them land a multi-million-dollar project, it's worth more than just the hours they're paying you for.

Time/cost-based pricing: Quote the price that you consider your time to be worth, multiplied by the amount of time the task will take you.

Billing for days plus expenses: As we discussed in the Impact Consulting Podcast , some consultants bill solely for working days, while others bill for working days plus certain administrative costs (e.g. printing and phone credit) plus overhead.

"Anchoring" bids in price negotiations: This goes a bit beyond the scope of this article, but there's plenty of literature out there on how to negotiate (prices, wages, etc.). I found this podcast episode to be particularly informative. One aspect of negotiation theories is that the first number quoted will serve as the "anchor" bid; the higher your opening bid, the higher the final negotiated price is likely to be.

Our lessons learned about fees

You won't likely lose work from offering a higher rate: A lot of people are nervous about "going in too high" and losing a client due to quoting too high. This might be the case when bidding cold in response to a fully open call for proposals. But when in direct negotiations with a potential client who is serious about working with you, the worst-case scenario from "going in too high", in our experience, is that the client will counter with a lower offer.

There's little to gain from predatory pricing: On one of my first assignments, I quoted a 150 EUR daily rate. My client later told me they would have paid me more than twice that amount. That person, who had been a consultant herself and became a mentor to me, also made the point that it's important for the client to see you as an expert. Having a respectable daily fee is one indicator that you're a high-value consultant. If I were to go back and do it all again, I wouldn't start below 300 USD.

The whole package is more important than the rate: Many consultants seem to focus far more on daily rates than on the number of working days. It's critical to understand how much work is involved in the total amount of fees. 30 working days billed at 300 USD per day yields about the same amount as 25 working days billed at 350 USD.

It's not all about the money: Look at the bigger picture. Is the assignment a one-off or will it lead to future work or allow you to expand your network or acquire new skills? Is it in line with your vision and mission? Does it lend itself to your skillset and experience? Is it interesting? Is it a good client?

Keep it simple: It's easier for the client if your financial proposal isn't split into various line items (see above point "Billing for days plus expenses").

How much are your fellow IC-Hubbers charging?

We asked the members of our network this question: What was your average daily rate for consultancy work in the last year (in USD)?

We got 29 responses. This is what you said:

There's no right or wrong pricing strategy - only one that's right for you. L personally started with a predatory pricing strategy seven years ago which I now look back on as a mistake. M has also undersold herself in the past.

We now both pursue a strategy where we fix a daily rate that we're happy with and generally refuse work below that rate, providing discounts on occasion for greater numbers of working days and projects that are especially aligned with our missions and visions.

What's your pricing strategy? Let us know in the comments section or via the IC-Hub Google and Facebook groups (IC-Hub members only). Our IC-Hub Start-up Incubator Course also incudes a bonus module on how to set your fees.

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IC-Hub @ Devex: How to land UN consulting roles

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International Consultant- Legal expert for the African Union Convention on Ending Violence Against Women and Girls in Africa

Advertised on behalf of.

Remote with an option of being in person when it’s required, ETHIOPIA

Type of Contract :

Individual Contract

Starting Date :

10-Jun-2024

Application Deadline :

05-Jun-24 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

Time left :, languages required :.

English  

Expected Duration of Assignment :

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

The AU High Level Presidential Initiative on Positive Masculinity in Leadership to End Violence Against  Women  and  Girls  in  Africa  was  established  in  2020 with  a  view  to  mobilize  political commitment and action at the highest level of the AU leadership and decision-making to prevent and end VAWG in Africa. It is comprised of the AU Chairpersons (current, former and incoming); AU  Gender  Champions;  African  Women  Leaders  Network  (AWLN)  and  the  AU  Commission  - Cabinet  of  the  AUC  Chairperson;  Office  of the Special  Envoy  on  Women,  Peace  and  Security (Convener and Facilitator) and the Women, Gender and Youth Directorate (Secretariat). The Initiative is operationalized through two platforms. Notably, the Presidential Working Group (PWG) on Positive Masculinity convened and facilitated, on behalf of the AUC Chairperson, H.E. Moussa Faki Mahamat, by the Special Envoy on Women, Peace and Security (SP-WPS), H.E. Madam Bineta Diop as well as the Partners Platform (PP), made up of representatives of relevant United Nations Agencies and International Development Partners (IDPs). Both enjoy the secretarial support from the  Women,  Gender  and  Youth  Directorate  (WGYD)  and  the  Office  of  the  Special  Envoy  on Women, Peace and Security (OSE-WPS).

On 25 November, 2021, the first AU Men’s Conference on Positive Masculinity in Leadership to End Violence Against Women and Girls was convened online and in-person in Kinshasa, DRC, under the leadership of H.E. Felix Antoine Tshisekedi Tshilombo, President of the Democratic Republic of Congo (DRC) and the AU 2021 Chairperson. It was held in collaboration with H.E. Cyril Ramaphosa President of the Republic of South Africa and the AU 2020 Chairperson; H.E. Macky Sall, President of the Republic of Senegal; H.E. Nana Dokua Akufo-Addo, President of the Republic of Ghana and the AU Leader on Gender and Development Issues in Africa; and H.E. Moussa Faki Mahamat, the AUC Chairperson. The Conference was also hosted in partnership with the African Women Leaders Network (AWLN) under the leadership of its Patron, H.E. Ellen Johnson Sirleaf, former President of the Republic of Liberia. Attended by AU Heads of States of the Congo Republic, DRC, Ethiopia,

Ghana, Kenya, Rwanda, Senegal, South Africa, Tanzania and Togo, the Inaugural AU Men’s Conference adopted the Kinshasa Declaration and Call for Action, which among other actions, enjoins  AU  Heads  of  State  to   “adopt  and  implement  an  African  Union  Convention  on  Ending Violence Against Women and Girls that will serve as a legal framework to end violence against women and girls in Africa”.   The Kinshasa Declaration and Call to Action was subsequently adopted as an AU Assembly Decision (Assembly/ AU/Dec.819. XXXV) of the 35th Ordinary Session of the Assembly of the Union of Heads of State and Government in February 2022. The same decision institutionalized the Office of the Special Envoy on Women, Peace and Security. The Assembly also appointed H.E. President Felix Tshisekedi as the first AU Champion on Positive Masculinity (Assembly/AU/Dec.837. XXXV).

The Second Men's Conference on Positive Masculinity in Leadership to End Violence Against Women and Girls was held from 10 to 11 November, 2022 in Dakar, Senegal under the leadership of H.E. Macky Sall, President of the Republic of Senegal and 2022 AU Chairperson. The Conference was organized in collaboration with H.E. Cyril Ramaphosa, President of the Republic of South Africa and AU Chairperson in 2020, H.E. Ellen Johnson Sirleaf, former President of the Republic of Liberia and the Patron of the African Women Leaders Network (AWLN) with H.E. Moussa Faki Mahamat, the Chairperson of the AU Commission (AUC), facilitated by H.E. Bineta Diop, AU Special Envoy for Women, Peace and Security. The outcome of the 2nd Men’s Conference, the Dakar Call to Action, seeks to accelerate implementation of the Kinshasa Declaration on Positive Masculinity, which was adopted during the Inaugural Men’s Conference. The 2022 Dakar Call to Action was subsequently adopted as an Executive Council decision (EX.CL/Dec.1190 (XLII)) and commits AU Member States to “ engage  our  peers and Heads of State and Government of the African Union  to facilitate, negotiate and adopt, within one year, the African Union Convention on Ending Violence Against Women and Girls.

Drawing from the outcomes of the two conferences, the African Union (AU) Heads of State and Government  during  their  36th  Assembly  held  from  18  to  19  February 2023  in  Addis  Ababa, Ethiopia, adopted a decision (Assembly/AU/Dec.865(XXXVI) to negotiate the African Union Convention on Ending Violence Against Women and Girls. This historic decision is one of the critical commitments under the Dakar Call to Action on Positive Masculinity in Leadership to End Violence Against Women and Girls in Africa.

The 3rd  AU Men’s Conference was held from 27 to 28 November 2023 in Pretoria, South Africa under the joint leadership of H.E. President Azali Assoumani of the Union of the Comoros, and 2023 AU Chairperson as well as H.E. President Cyril Ramaphosa of the Republic of South Africa, who was AU Chairperson in 2020. As in previous conferences, the 3rd  Men’s Conference was convened in collaboration with the African Women Leaders Network (AWLN) under its Patron, H.E. Ellen Johnson Sirleaf, former President of Liberia and the AU Circle of Champions on Positive Masculinity. It  was facilitated by H.E. Bineta Diop, AUC Special Envoy  on  Women, Peace and Security and the secretarial support of the Women, Gender and Youth Directorate (WGYD) under the leadership of H.E Moussa Faki Mahamat, AUC Chairperson. The 3rd Men’s Conference adopted its outcome document, i.e. the Moroni and Pretoria Road to the AU Convention on Ending Violence Against Women and Girls”. This was subsequently adopted as an Assembly decision (Assembly/AU/DEC.882 (XXXVII)) during the 37th  Summit of AU Heads of State in February, 2024 and commits to “xpedite the negotiations of the AU Convention on EVAWG in preparation for its consideration for adoption by the AU Summit in February 2025.

In addition and in furtherance of the above commitments, the Assembly of the AU Heads of State during their 37th Summit in February, 2024 held a Presidential Debate on Positive Masculinity, where  the  outcomes  of  the  3rd   Men’s  Conference  were  presented.  The  debate  led  by  H.E. President Cyril Ramaphosa, H.E. President Azali Assoumani and H.E. Ellen Johnson Sirleaf, with the support of the AU Circle of Champions on Positive Masculinity, reaffirmed support towards the process of  negotiating and adopting as well as  ratifying the  AU CEVAWG.  In this  regard, the Assembly adopted a decision (Assembly/AU/DEC.881 (XXXVII)) on the “report of the 3rd AU Men’s Conference on Positive Masculinity in Leadership to End Violence Against Women and Girls, which among others, commits the Heads of States to “ support and conclude the negotiations and submit the draft Convention for adoption by this Assembly in February 2025.

In light of the above, the Presidential Initiative on Positive Masculinity seeks to engage a Legal Expert to lead the drafting of the AU CEVAWG. Working with the Reference Group of Legal and Gender Experts, the Expert will initiate the drafting and subsequent revisions, editing and finalization of the draft Convention and prepare it for handing over to the Member States experts for negotiations.

Duties and Responsibilities

The Legal Expert will be seconded to the High-Level Presidential Initiative on Positive Masculinity to End VAWG, under the facilitation of the Special Envoy (SE) on Women, Peace and Security (WPS). With direct supervision by the SE and working in close collaboration with WGYD and in consultation with the Reference Group of Legal and Gender Experts, the Legal Expert will:

• Prepare a comprehensive draft of the AU Convention on Ending Violence Against Women and Girls, which is relevant to the African context that aligns with continental and international human rights standards.
• Lead the initiation, drafting and subsequent revisions, editing and finalization of the draft AU CEVAWG, ensuring clear and simple language to facilitate easy and unambiguous interpretation in accordance to AU guidelines of drafting international statues.
• Guided by the findings of the 2023 research on the EVAWG convention, outcomes of the multi-stakeholder consultations and the 3rd Men’s Conference as well as the Position Paper on Positive Masculinity and any other relevant regional and international instruments on EVAWG and women’s human rights, define the scope of the AU CEVAWG.
• Outline key thematic areas to be covered under the CEVAWG including defining different forms of violations, i.e. physical, economic, social, cultural, psychological, etc. as well as protection and accountability mechanisms.
• Consult with the Office of the Legal Counsel, the AU Commission on International Law,
• relevant Specialized Technical Committees (STCs) and any other relevant structures of the AU to ensure compliance with AU procedures and requirements for development of international statutes.
• Incorporate comments and inputs received from relevant stakeholders to ensure that the CEVAWG is Africa-led, Africa-owned and reflects the aspirations of the Africa people.
• Organize and manage all meetings of the Reference Group, preparing reports and other documents, including draft and final versions of the CEVAWG and coordinating regular communication.
• Prepare briefing notes, presentations and all relevant documents for consideration by AU Policy Organs including, among others STC- GEWE Bureau; STC GEWE; STC Legal and Justice Affairs, etc
•  Lead the implementation of all activities as outlined in the CEVAWG Roadmap, up to the adoption of the Convention by the next AU Summit in February 2025.
• Prepare  a  roadmap  to  take  the  CEVAWG  forward  after  Assembly  adoption  beyond February, 2025
• Perform other relevant duties as required.

Competencies

Core Values:

• Respect for Diversity
• Professionalism

Core Competencies :

• Awareness and Sensitivity Regarding Gender Issues
• Accountability
• Creative Problem Solving
• Effective Communication
• Inclusive Collaboration
• Stakeholder Engagement
• Leading by Example

Please visit this link for more information on UN Women’s Core Values and Competencies:   https://www.unwomen.org/en/about-us/employment/application-process#_Values

Required Skills and Experience

• Advanced university degree in the field of Law, International Relations.
• More  than  10  years’  experience  in  the  legal  field  with  specialization  in  legal  drafting, interpretation of statues, policy analysis and development.
• Demonstrated knowledge of international and regional human rights system, women’s rights
• and gender equality
• Strong  knowledge  and  technical  expertise  on  Ending  Violence  Against  Women  and  Girls,
• Positive Masculinity, Women’s Human Rights and related fields. e.   Knowledge of the development context in the African continent.
• Strong analytical, communication and problem-solving skills as well as experience in working in a multicultural environment.
• Strong coordination skills with ability manage different interest groups and stakeholders.
• Experience in a similar assignment is desirable.
• Proficiency in English is required.
• Knowledge of French or other African Union working language(s) would be an added advantage

Political consultant who admitted deepfaking Biden's voice is indicted, fined $6 million

Steve Kramer, the political consultant who admitted to NBC News that he was behind a robocall impersonating Joe Biden 's voice, has been indicted in New Hampshire and fined $6 million by the Federal Communications Commission.

In separate announcements Thursday, New Hampshire's attorney general charged Kramer with 26 counts, while the FCC fined him $6 million for "scam calls he set up to defraud voters" in violation of a federal Caller ID law.

“New Hampshire remains committed to ensuring that our elections remain free from unlawful interference and our investigation into this matter remains ongoing," New Hampshire Attorney General John Formella said in a statement. "I hope that our respective enforcement actions send a strong deterrent signal to anyone who might consider interfering with elections, whether through the use of artificial intelligence or otherwise.”

The charges include 13 felony counts of voter suppression and 13 misdemeanor counts of impersonation of a candidate, based on 13 New Hampshire voters who received the calls.

The FCC also fined a telecom company allegedly involved in the call an additional $2 million on Thursday.

Kramer did not return text messages, and his spokesperson declined to comment.

The robocall, which was first reported by NBC News and went out to thousands of New Hampshire voters in January, just ahead of the state’s first-in-the-nation presidential primary, used artificial intelligence technology to deepfake Biden, telling voters to stay home and “save” their votes for the November general election.

It was the first known example of a deepfake’s being used in national American politics. It prompted outcry from officials and watchdogs, propelling the Federal Communications Commission to put forward a new rule banning unsolicited AI robocalls .

"[T]here is no need to travel to far-off lands to see how AI can sow confusion. Because this year in the United States a fraudulent campaign targeted voters in New Hampshire," FCC Chairwoman Jessica Rosenworcel said a statement announcing the fine. "This is unnerving. Because when a caller sounds like a politician you know, a celebrity you like, or a family member who is familiar, any one of us could be tricked into believing something that is not true with calls using AI technology."

State and federal law enforcement officials took the call seriously from the beginning, eager to send a strong message that they would not tolerate misuse of the new technology, while advocates say new rules are needed.

New Hampshire law enforcement officials quickly zeroed in on two out-of-state telecom companies that they said were involved in distributing the robocall and hiding its true origins by "spoofing" recipients caller IDs.

But the creators of the call remained unknown until a nomadic street magician came forward to NBC News .

Paul Carpenter, who holds a world record in straitjacket escapes but no fixed address, said Kramer hired him to create the audio of Biden's voice used in the call. He provided screenshots of text messages and Venmo transactions to corroborate his account.

Confronted with the evidence, Kramer admitted that he commissioned the call , but he insisted he did it only to prompt stricter regulations of AI deepfakes. 

He compared himself to American Revolutionary hero Paul Revere to argue he was merely sounding the alarm about coming danger.

“This is a way for me to make a difference, and I have,” he said, adding that he was not worried about potential legal repercussions. “I can tell you they’re not used to me. I wrestled in college.”

Kramer is a veteran get-out-the-vote consultant who has worked mainly for Democrats, especially in New York. At the time, he had a six-figure contract with the campaign of Rep. Dean Phillips, D-Minn., who was running a long-shot primary challenge to Biden.

Kramer and the Phillips campaign both adamantly denied that the campaign had any knowledge of the robocall or directed him to create it.

Phillips dropped out of the presidential race shortly after his poor performance in the New Hampshire primary.

Deepfakes, in which AI is used to impersonate someone, are feared to become a larger part of political campaigns and society in general.

This week, actor Scarlett Johansson accused Open AI of imitating her voice without her authorization as part of a new product launch. The company denied that, but it removed the voice.

Alex Seitz-Wald is a senior politics reporter for NBC News.

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Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

Contributors

Jeffrey S. Whittle

Karthika Perumal, Ph.D.

Samuel A. Savanich

By Jeffrey Whittle, CLP ; Karthika Perumal, Ph.D., CLP ; & Sam Savanich, CLP-A

In a split opinion issued Tuesday , and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and ADVA for infringement.

The case, involving a fiber optic patent, centers on the interpretation of the phrase "entirely on my own time" within an assignment clause of the inventor's contractual agreement with his former employer, TRW Inc.

Nokia, Cisco, and ADVA contended that Dr. Mark Core's assignment of his patent rights to Core Optical was invalid because these rights allegedly had been automatically assigned to Dr. Core's employer, TRW, at the time of the invention. The inventor's contract with TRW stipulated that any inventions developed during work hours were to be assigned to the company, while inventions developed entirely on his “own time” remained Dr. Core’s property.

Initially, the lower court granted Nokia and the defendants summary judgment, ruling that the invention was developed as part of the Dr. Core’s research, funded by TRW, and was at least in part “TRW time” and not “entirely” Dr. Core’s “own time.” Therefore, this court concluded that the patent was automatically assigned to TRW, and Core Optical, Dr. Core’s company, lacked standing to sue.

The Federal Circuit majority, however, decided on appeal that it was not clear if the Ph.D. research conducted by Dr. Core constituted the inventor's own time. On one hand, Dr. Core was free to use particular hours or days for his research with no accountability to TRW; and, on the other hand, he worked on projects connected to TRW’s business on TRW-funded fellowship, with reporting obligations to TRW. Therefore, the Federal Circuit vacated the judgment and remanded the case back to the district court for further proceedings, thereby allowing Dr. Core to proceed with his patent infringement lawsuit.

The majority opinion noted, “[b]oth Core Optical’s and Nokia's interpretations of how the years-long, TRW-funded research should be treated under the 1990 invention agreement are plausible based on the undisputed facts presented. However, which interpretation prevails has not been determined, acknowledging that the contract language does not have an unambiguous meaning when applied to these facts.”

In dissent, U.S. Circuit Court Judge Haldane Robert Mayer argued that the lower court was correct in ruling that the inventor did not develop the fiber optic patent on his own time.

This majority decision underscores the complexities and nuances surrounding intellectual property rights and the importance of clear contractual terms regarding intellectual property issues, especially for intellectual property developed by an individual during non-traditional employment, such as employees permitted to pursue research or consulting projects. Care should be taken when drafting assignment and other intellectual property related language to reduce risk of a finding of ambiguity as in this instance.

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