Exploring career opportunities abroad can be very exciting. You get to work towards your professional goals in a new environment, meet new people, learn about a new culture, and more. But together with the enticing benefits of working abroad, you will be dealing with a unique set of challenges. Some of these are often unavoidable, like managing culture shock and adjusting to a new workplace. But there are things you can prepare for. And knowing your rights as a foreign worker will help you stay away from very unpleasant situations.
Research local labor laws in advance
The first thing to do when planning a work-based relocation abroad is researching the local labor laws. While it may seem like we are more or less on the same page when it comes to working regulations, different countries may actually have vastly different approaches when it comes to work hours, employee benefits, worker security, and more.
Research is something you should not be skipping. In fact, the more in-depth strategy you use here, the better.
Take the time to gather information from a scope of sources:
For official information on local labor laws, check the government resources of the country you are relocating to. In most cases, these would provide the most accurate and up-to-date information. Plus, most websites now have special sections dedicated to expat workers. However, in some countries, official government resources may not be the best resource as they may not be updated regularly or have the information properly translated.
If you can find the necessary information on the country's government websites, the next best option would be to check the resources available at the country's embassies and consulates in your home country. Better yet, you may schedule a call with an embassy or consulate worker to discuss your situation in more detail.
If you are still not getting the information you need, consider talking to a legal advisor specialized in expat labor law. This would be especially useful if you find yourself navigating complex employment regulations, need to clarify clauses in your employment contract or have questions regarding your tax obligations.
Now, let's look over some key worker rights you will need to gather information on.
Before getting into the specifics of workers rights, there is one thing that expats need to sort out first - the visa regulations and work permit requirements of your host country. You need to know all the conditions that make your stay legal and the precise conditions under which you are allowed to work.
The next thing to investigate would be the regulations regarding the local minimum wage and compensation structures. For instance, some countries like Germany and Australia have national minimum wage laws. These apply to all workers, including expats. Some countries, on the other hand, may not have a federally mandated minimum wage. You will need to know if your employer will comply with the legal pay structure (including raises, bonuses, allowances, etc.). Another useful thing to look into here would be the cost of living in your new destination. You will need to evaluate how far your salary would go and whether you will be able to secure a similarly paid position should things not go as planned.
Working hours and overtime regulations are another thing to consider. These can vary vastly from one country to another. For example, in Europe, the maximum work week is capped at 48 hours by the European Union's Working Time Directive. Many countries, such as Germany and the United States, have strict regulations regarding working hours and require employers to pay a premium for any overtime worked. But then, there are countries like Japan or South Korea where overtime is part of the local working culture and is generally expected from employees.
The next thing to consider would be rest days and leave entitlements. Here, things can differ a lot as most countries typically set their own rules regarding paid time off. For instance, most countries in Europe tend to offer rather generous vacation policies: in France, workers get 30 days of paid leave per year. In China, on the other hand, the minimum amount of annual leave per year is just five days –although most workers do get 10 to 15 days per year - plus Chinese holidays, which offer a generous amount of additional time off.
Finally, it's essential to understand your rights when it comes to workplace health and safety. A lot of countries have strict rules in place that protect workers from unsafe conditions. This includes hazardous working conditions, low health and safety standards, lack of protective equipment or proper training, etc.
Things expats may overlook
When moving to a new country for work, it's absolutely normal that expats focus on the specifics of their new position. Chances are you will be preoccupied with securing the right documentation and negotiating salary – but there are a few other things that shouldn't be overlooked.
A key worker right to look into is your protection against workplace discrimination. In a lot of countries, there are laws in place that protect the rights of foreign workers and ensure that they are treated equally regardless of their race, gender, and other characteristics. While such laws do exist in most countries, they may not always protect workers against informal biases. But still, it is absolutely essential that you know when you are being unfairly treated.
Social security and pension entitlements are another thing to check. In most countries, formally employed expats are required to make contributions to the local social security system. This will grant you benefits such as healthcare, unemployment insurance, and pension payouts. However, if you do not plan to stay in the country for the long-term, you may want to look into ways to transfer your accumulated contributions to your home country. In fact, many countries do have totalization agreements in place that allow expats to send their social contributions between countries.
Expats may also be eligible for unemployment benefits. These may vary country by country, but as long as you have regularly contributed to the social security system and have been employed for the minimal period required, you should be entitled to unemployment payments.
What if you run into a worker rights dispute?
The next thing that you will need to prepare for is that, unfortunately, misunderstandings do happen. This is when you need to know what your options for legal recourse are.
Check if you are eligible to join a labor union or a worker association in their new destination. In many countries, worker unions play an important role in protecting workers' rights and helping them handle workplace disputes. However, this may depend on the specific sector you are working in; for instance, unions generally have little influence in industries such as finance and tech.
Look into how workplace disputes are generally resolved in your new destination. In most countries, you will have a range of options for handling workplace conflicts, from informal mediation to formal hearings. In most situations, mediation would be the first step. It is generally faster and much less confrontational or expensive than a court process. But if your issue can not be resolved via mediation, you may need to take your case to a labor tribunal. This is why it is always better to educate yourself on related procedures ahead of time.
For expats, seeking legal assistance is often the best course of action when resolving workplace issues. In a lot of places, you will be able to find expat-focused legal services that can handle language barriers and manage your unfamiliarity with local systems.
Wrapping it up, learning your rights as a foreign worker should definitely be on your list of musts when planning an international relocation. Not only can it be your lifeline should anything go wrong – but it will also help you get a more realistic picture of what to expect in your new destination.
