Navigating Foreign Employment Law Amid COVID-19 Expansion or Contraction
Legal teams remain vigilant of the ever-changing regulations to remain compliant and ready for recovery. The future of the pandemic remains a mystery, but leaders know they can't remain idle.
July 01, 2020 at 12:56 PM
6 minute read
U.S. and U.K. tech companies staked much of their future growth on global opportunities when they began the year. According to 1,000 tech businesses included in our 2020 State of Global Expansion report, nine out of 10 said they planned to enter a new market this year. About a third (29%) of the companies already operate in five or more countries, and 70% of them expect to in the next five years. Then the coronavirus hit.
Some industries, particularly those associated with hospitality and travel, experienced a drop in revenues by as much as 90% almost overnight. Supply chains for manufacturers and retailers broke down and business travel halted. Businesses scrambled to protect employees, but also their bottom line.
Suddenly, an unsustainable mismatch between the cost of operating a presence overseas, particularly the cost of personnel, and the income needed to support those expenses forced hard decisions. Business leaders try to learn what options are available to reduce or eliminate their labor expenses, sometimes within months of hiring that same workforce. Others stand by eagerly to initiate global expansion and want to know the risks.
As an international professional employer organization (PEO), we have a global infrastructure in 185 different countries, employing thousands of workers for hundreds of clients in almost every industry. Consequently, we stay close to the vicissitudes of employment regulations around the world and enable businesses to remain flexible and compliant with varying laws country by country. Our clients constantly expand and contract as the market dictates, and so we have a keen eye on how regulations steer business across the globe.
Employers seek to realign revenue with expenses. In the wake of the pandemic, businesses have three main choices to address personnel costs: One is termination. But many countries have indicated that their labor authorities and courts will treat any terminations during the pandemic with extra scrutiny and some countries have even implemented regulations in response to the coronavirus that take terminations off the table. India, for instance, put a moratorium on terminations during its nationwide shutdown and Italy recently extended its prohibition of certain types of terminations through mid-August. Consequently, any termination, regardless of the reason, requires additional care and diligence to ensure it is carried out in a compliant manner that minimizes the risk of legal issues down the road.
The second choice—adopted by many of our clients—is salary reduction. This option is often preferred in situations where the business wants to continue operating and keep its workforce in place, while at the same time making sure its costs are more closely aligned with its revenues. While some countries allow employers to implement unilateral pay cuts, most countries require a mutual agreement with the affected workers. An agreement hinges on details. Will money need to be paid back? How long will the pay be reduced? Must the company reduce the hours worked or just reduce the salary? The details of each country's employment laws come into play if salary reduction is a consideration.
The third choice is a traditional furlough, when a business suspends workers for a time without pay, but brings them back later. This provides reassurance to affected employees, but also creates a greater job shopping moment for them. This option is often used in countries with "at-will" employment laws; however, the majority of the world does not follow this employer-friendly model and this option is generally prohibited in those markets.
Overlaying all of these options are government subsidies. What opportunities are available to get funding back from the foreign government in the form of salary or revenue subsidies?
Employers evaluate these options depending on where they operate, where the employee is located and what laws apply to the employment relationship, including relevant collective bargaining agreements. The treatment of these options can vary as much as the countries themselves. There are countries where action cannot be taken unilaterally; countries that strictly prohibit terminations for reasons relating to the pandemic; and countries that allow reduced salaries, but only when workers enter an agreement. And then there are other countries where government subsidies are available to recover at least some of the costs associated with the loss of revenue or to subsidize the employee for their loss of salary.
On the other end of the spectrum, businesses poised to expand also take these factors into consideration. They place flexibility atop the priority list to implement global growth plans while mitigating risk. Rather than create a foreign entity that burdens them with an investment of time, money and ongoing efforts to stay abreast of varying, ever-changing labor laws and COVID-19 policies, they look for alternative methods to test a market compliantly with the ability to exit quickly if business or societal conditions change.
When the coronavirus first hit, we counseled clients through their legal options. Several clients faced terminations as the only viable option for their business. There was a larger contingent of salary reductions as businesses wanted to protect their workers, remain compliant, and be ready for recovery. Still others, particularly in the tech sector, expanded as demand for their product or service increased with the rise of remote work, using the flexibility of an international PEO to remain agile in an uncertain environment.
Legal teams remain vigilant of the ever-changing regulations to remain compliant and ready for recovery. The global economy starts to slowly open up and businesses that were able to weather the storm or keep a foreign workforce ready through reduced salaries move more quickly. The future of the pandemic remains a mystery, but leaders know they can't remain idle. Businesses that held their powder on global expansion now emerge, cognizant of the importance of flexibility and compliance as they navigate new markets.
Shawn McIntire is general counsel of Velocity Global, the leading provider of global expansion services, where he oversees all aspects of the company's legal affairs.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCompanies' Obsession With Soft Skills Has Made Prized GC Posts Even Harder to Land
4 minute readInternal Whistleblowing Surged Globally in 2024, So Why Were US Numbers Flat?
6 minute readInside Track: AI Is Sure to Fray Big Law's Devotion to Billable Hour
Trending Stories
- 1'Reverse Robin Hood': Capital One Swarmed With Class Actions Alleging Theft of Influencer Commissions in January
- 2Hawaii wildfire victims spared from testifying after last-minute deal over $4B settlement
- 3How We Won It: Latham Secures Back-to-Back ITC Patent Wins for California Companies
- 4Meta agrees to pay $25 million to settle lawsuit from Trump after Jan. 6 suspension
- 5Stevens & Lee Hires Ex-Middle District of Pennsylvania U.S. Attorney as White-Collar Co-Chair
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250