Status for a mission abroad

When the original contract was concluded in France, French law allows the stay abroad to take place within the framework of a secondment or in that of an expatriation.

In both cases, the employee leaves France but, in case of a secondment, the employment contract with the company of origin remains and only the place of work changes. Unless there is a special agreement between France and the host country, a secondment can only last two years with the possibility of a single renewal.

In the event of an expatriation, the employment contract with the company of origin is suspended and a new employment contract is concluded with the subsidiary of the country in which the expatriation takes place.

However, it has become clear that many companies do not comply with these rules and apply the secondment scheme to employees who, legally, should be expatriated and vice versa.

Over the years, Astaé's lawyers, true specialists in all types of expatriation, have acquired a great deal of experience in all these situations and are therefore perfectly competent to usefully accompany candidates on their departure and to help them anticipate the difficulties inherent in working abroad as well as in the event of early termination of the secondment or expatriation.

For expatriates employed under local contracts, or by hubs located in "social havens" (Mauritius, Isle of Man...) Astaé's lawyers have acquired the necessary knowledge to identify whether their situation is fraudulent and whether it is possible for them to benefit from the advantages of French law (obligation of repatriation and reintegration) despite the arrangements put in place by some groups to escape it.