Is it a resignation or an end of contract?
In what context are you leaving your job abroad? Is it a resignation, an end of a fixed-term (CDD) or indefinite-term (CDI) contract, or the completion of a temporary assignment? Indeed, laws vary not only by country but also by contract type. Yet, often, employees only investigate this topic when they are about to leave their jobs. At the start of a contract, few workers consider their departure from the company. Employment contracts are often signed without being read and/or understood. This is especially true if it is in a language the expatriate does not fully grasp or contains challenging legal jargon.
However, it's crucial to understand the context of your departure to avoid losing any rights. For example, many countries do not pay unemployment benefits in the case of resignation. Some states, however, provide for circumstances where a worker might receive unemployment benefits. For instance, Canada defines several cases of "voluntary leaving." One specifies that if the worker can prove that leaving was the only option "given the circumstances," they might be eligible for unemployment benefits. French law also introduces cases of legitimate resignations. Belgian law specifies that a worker wishing to resign must comply with a notice period based on their tenure at the company.
Check your contract's clauses
Under what "status" did you leave? Did you sign an expatriation contract that prepared for your return to your home company? Or did you directly sign your contract with the local company? If you are an expatriate in the strict sense (having signed an expatriation contract), you likely negotiated with your employer the conditions of your return to the company. The expatriation contract includes various clauses, notably instructions that prepare for your repatriation. Thus, when leaving your job abroad, you are ensured to return to your position (or an equivalent one, according to your contract's provisions) in your home country.
If you found a job abroad directly, check the clauses of your employment contract. Each country has its norms concerning employment contracts, the rights and duties of the worker and employer, and worker protection. In the UK, for instance, an employment contract is not mandatory. However, the employer must provide a "written statement of employment particulars." This document, in two parts, sets the terms of employment (first part, delivered on the hiring day) and the conditions of the pension scheme, possible disciplinary sanctions, etc. (second part, which may be delivered two months after hiring).
Another challenge for foreign workers is the zero-hour contract. Widely used, especially in the hospitality, catering, or delivery sectors, this contract allows the employer the freedom to offer or withhold work from the employee. The employee is also free to refuse a task if they work for other employers. However, foreign workers often are unaware of their rights. Some zero-hour contracts include a clause preventing the employee from leaving their job or accepting another job. These clauses are contrary to the law.
Does your work permit allow you to leave your job without risk?
The waves of layoffs in the Tech sector have revealed to many expatriates in the United States the significant limitations of the H-1B visa. Highly popular, especially in the new technology sector, this visa is tied to the employer. If the contract is terminated, the expatriate has a limited time to find another job, at the risk of having to leave the country. Indeed, the U.S. administration has reformed the visa, notably to improve its function and prevent abuses by some companies. Nonetheless, the example of the H-1B visa illustrates the difficulties that expatriates may face when leaving their jobs.
The work permit issue is, therefore, crucial. Is your permit tied to your employer? In this case, leaving the company will question the validity of your visa. You will need to find a job in the same sector, within a limited timeframe, at the risk of having to leave the country. Numerous associations defending foreign workers oppose work permits tied to the company, which is considered more precarious for the foreign worker. In Japan, the case of "technical trainees" forced the Japanese government to act. Cases of abuse were on the rise, with foreign workers prevented from leaving their jobs, underpaid, and victims of discrimination. The Japanese government has ended the technical trainee program and promises a new program that is more protective towards foreign workers.
Knowing the rights linked to your work permit is essential for organizing your departure from the company under the best conditions (respecting the notice period, for example). In case of conflict with the employer, you will be better positioned to assert your rights.
When leaving your job abroad is the only solution
No one decides to leave their job on a whim, especially when working abroad, as obtaining a work permit is often challenging. Several situations might explain your departure from the company. Certainly, cases of employer abuse are considered legitimate reasons for resignation. Other cases of voluntary departures recognized by the legislation of your host country may allow you to retain your rights.
Other situations might explain why you wish to leave your job: the desire for a career change, advancement opportunities (not offered by the foreign company), or moving to another city or country. The first question to ask yourself is about timing: should you resign, or can you wait until the end of your contract to receive your potential benefits (unemployment, severance, etc.)? Weigh the pros and cons to make the best choice. Leaving your job abroad can add an extra "stress." To depart safely, seek information from employment centers and associations in your host country.
