Short-Term International Assignments Framework

Transcription

1 Short-Term International Assignments Framework Framework Author: Lekani Cottam, HR Business Partner Implementation date: March 2017 Page 1 of 16

2 1 Purpose Scope Definitions Principles Identifying International Assignments Selection Process Employment status Dependants Annual Leave and Public Holidays Conduct Whilst On Assignment Performance and Development Review Grievance and Disciplinary Procedures Visas, Work Permits and Passports Medical Examination Pre-Assignment Briefing Salary and Remuneration Tax National Insurance Accommodation Communication Travel for Home leave Compassionate Leave Health and Safety Access to health and medical provisions Emergencies when abroad Insurances Debrief meetings Post-assignment employment Repatriation Early termination of Assignment Resignation from employment Review Page 2 of 16

3 SECTION 1: GENERAL 1 Purpose 1.1 The University s primary strategic goal is to establish itself as a global leader in higher education. To enable us to achieve our goal we are developing closer, long term partnerships with like-minded universities and a strong global presence through partnerships and strategic presences internationally. 1.2 The University recognises that an essential and central component to achieving our goal is to provide a framework to effectively support our international activities. One of the most important drivers of future success is our staff and their engagement in international activities. 1.3 Where there is a need, the University may ask employees to undertake work outside the UK by means of an international assignment. International assignments help the University to ensure that the people with the relevant skills and knowledge are in the right place at the right time. 1.4 By establishing this Framework, the University aims to adopt a consistent, fair and equitable approach to international assignments across all faculties and divisions. However, due to the varied nature of assignments and dependent on the location and circumstances of an assignment, certain parts of the Framework may not apply or may need to be customised. 2 Scope 2.1 This framework applies to all employees of the University who undertake an international assignment between one month and twelve months duration. This is known as a Short-Term International Assignment. 2.2 Reimbursement of expenses associated with international travel of less than one month will be determined in accordance with the University s Business Travel Framework. 2.3 Employees who undertake an international assignment of greater than twelve months should refer to the University s Long-Term International Assignments Framework. 3 Definitions Assignee refers to the employee undertaking the international assignment Assignment refers to the placement, details of which be confirmed in a Letter of Assignment issued by the University to the Assignee Page 3 of 16

4 Assignment period refers to the period of Assignment as referred to in the Letter of Assignment Dependants refers to members of the Assignee's family accompanying him/her on the international assignment, which shall generally include a long-term partner and children up to and including the age of 18 who are financially dependent on the Assignee Home Country refers to the UK Home Location refers to Lancaster University in the UK Host Country refers to country in which the partnership institution is based Letter of Assignment refers to a letter setting out the full details of Assignment, to be provided to the Assignee prior to taking up the Assignment Partnership Institution refers to the university or organisation in the Host Country where the Assignee will be based Short-Term International Assignment refers to assignments that are between one and twelve months in duration The University refers to Lancaster University. 4 Principles 4.1 This Framework is designed to enable any employee to be assigned from the UK to any Host Country in the world. 4.2 The Framework only applies to assignments of a temporary nature, and where the Assignee is expected to repatriate to the UK at the end of the Assignment Period. 4.3 It is intended that any Assignee shall neither suffer financial detriment nor make undue financial gain through accepting an international assignment. 4.4 Whilst on an Assignment the Assignee s salary and benefits will be maintained at home location levels; independent of any allowances or reimbursements associated with the Assignment. 4.5 Assignees will continue to be eligible for membership of the University s pension schemes, in accordance with their standard terms and conditions of employment. Page 4 of 16

5 5 Identifying International Assignments 5.1 Where the University identifies a need for work to be undertaken outside the UK, the relevant Head of Department/manager should consider the most suitable arrangements to enable the work to be performed. 5.2 Options include an international assignment involving an existing University employee, reallocation of existing employees based at one of our International Teaching Partner universities, recruitment of a new member of staff at the Partner University and the use of consultants or agency staff. 5.3 Heads of Department/managers should propose an international assignment only where there is a business case for it. An international assignment may be proposed for a number of purposes, including: the introduction of new partnerships; enhanced or increased academic programmes; temporary cover for planned absence; planned career development of employees; to carry out a specific task of limited duration A cost of living analysis should be carried out as part of the business case. The information from the analysis will inform and determine the details of the Assignment including but not limited to the duration, timing, pay, benefits and conditions, in line with levels of assignments. 6 Selection Process 6.1 The University will consider employees for an international assignment in a fair and non-discriminatory manner. Candidates will be selected on the basis of technical and professional skills, UK and international experience, anticipated contributions to the successful development of the partnership(s) and effect on career development. 6.2 If there are a number of employees who are suitable for consideration for an international assignment then the University will follow its normal processes in line with the University s Recruitment Framework. However, there may be occasions where a selection process for an overseas assignment is not required because the University has identified an individual with a particular skill and/or competence, and approaches him/her to discuss the Assignment. 6.3 Other than where individuals are employed by the University specifically to work overseas, it is not intended that staff normally employed at the Bailrigg Campus will be required to go overseas, without appropriate consultation and notice of assignment. Page 5 of 16

6 7 Employment status 7.1 The Assignee will remain employed by Lancaster University during the Assignment, and his/her terms and conditions of employment will continue to apply, save for any terms that are amended by the Letter of Assignment for the Assignment Period only. 7.2 The University will issue a Letter of Assignment, which will contain specific terms applying to the Assignment, for example details of the Partnership Institution position, role, responsibilities, job description, duration, intended start date and any other variation to the substantive contract for the Assignment Period. The effect of this letter will be to vary the existing terms and conditions of employment for the Assignment Period. 8 Dependants 8.1 For short-term international assignments it is expected that these will not be accompanied by dependants. 9 Annual Leave and Public Holidays 9.1 Assignees shall accrue annual leave at the Home Location accrual rates. 9.2 In general, Assignees will recognise the public holidays in the Host Country, and use accrued leave for these absences. 9.3 If a UK public holiday falls during the Assignment Period and this is not a recognized public holiday in the Host Country, the employee is expected to work on such a public holiday (unless agreed annual leave is to be taken) and will receive time in lieu of any UK public holidays worked. 10 Conduct Whilst On Assignment 10.1 Assignees are required to comply with all laws in the Host Country. Assignees will be provided with relevant information during the Assignment orientation process but it is ultimately the Assignee s responsibility to ensure they are aware of and meet their home and Host Country s legal obligations. The University will not be held responsible for the Assignee s failure to adhere to legal requirements in the Host Country During the Assignment, the Assignee should comply with all applicable laws and regulations of the Host Country, and with all relevant policies and procedures of the Partnership Institution This includes full compliance with immigration and tax laws. Other areas where Assignees may frequently face legal requirements include, but are not limited to driver licensing, vehicle insurance, import and export regulations, and social security regulation. Page 6 of 16

7 10.4 The Assignee should not take to the Host Country any items that are illegal in that country, nor should they take out of the country any items that are restricted or banned. It is the Assignee s responsibility to check these prior to travel The Assignee should comply with the Bribery Act 2010, any other relevant legislation in relation to bribery in the UK and host countries, and the bribery policies adopted by the home and Partnership Institution. By accepting the Assignment, the Assignee agrees to accept and abide by Anti-Bribery legislation in the UK and in the Host Country. 11 Performance and Development Review 11.1 During the Assignment, the University will be responsible for conducting the Assignee's performance appraisals, managing any performance issues and reviewing the Assignee's promotion and development opportunities in accordance with the University's policies. The University will confer with the Partnership Institution where appropriate on these matters. 12 Grievance and Disciplinary Procedures 12.1 The University s standard Disciplinary, Grievance and Capability procedures will apply. The University will confer with the Partnership Institution where appropriate on these matters, taking account of any applicable local laws If an employee s contract of employment is terminated as a result of either the Disciplinary or Capability procedure then the Assignee s Assignment will automatically come to an end and the University has the discretion not to pay the Assignee the benefits and allowances that ordinarily become due on termination of the Assignment. Page 7 of 16

8 SECTION 2: PRE- ASSIGNMENT 13 Visas, Work Permits and Passports 13.1 The Assignee may need to obtain immigration permission before he/she will be permitted to work in the Host Country. The Assignment is conditional on the Assignee obtaining (and thereafter retaining) valid immigration permission to work in the Host Country The University will assist the Assignee [and dependants, where applicable] with the immigration process and will pay for any reasonable costs involved with this process according to fees set by the Host Country. All immigration costs should be preapproved by the HR department in writing in advance of the cost being incurred During the Assignment, it is the Assignee's responsibility to ensure that his/her passport and other immigration documents [and those of his/her dependants, where applicable] are kept up to date and valid. If the Assignee's immigration permission ceases at any time, the University will terminate the Assignment immediately. Provided that the Assignee [and dependants, where applicable] holds the relevant immigration permission to return to the UK, the University will repatriate him/her to the UK If the Assignee does not hold valid immigration permission to return to the UK, the University will discuss the situation with the Assignee, including the possibility of onward assignments and/or termination of employment The University will make every effort to redeploy the Assignee in to a suitable alternative role with the University however there are no guarantees. 14 Medical Examination 14.1 An offer of Assignment is conditional on the Assignee proving to the satisfaction of the University that he/she is fit to travel to and work in the Host Country All Assignees will have a comprehensive pre-travel health consultation with the University s Occupational Health service, which should ideally take place at least six weeks prior to travel, through the normal referral process It is the Assignee's responsibility to ensure that he/she undertakes all appropriate health checks and has any necessary vaccinations before the Assignment commences. The University will reimburse the Assignee for the cost of any vaccinations required by the Assignee [and those of his/her dependants, where applicable], subject to proof of vaccinations. Page 8 of 16

9 15 Pre-Assignment Briefing 15.1 Prior to commencing the Assignment, the Assignee will be invited to attend a briefing, which will be conducted by the Assignee's Head of Department/manager. The purpose of this briefing is to confirm the overall objectives of the Assignment and establish the Assignee's role As part of the Pre-Assignment Briefing process the Assignee s manager will explain the support that the Assignee and any accompanying family members will receive. Practical information about the Host Country and Partnership Institution will also be provided to the Assignee, along with notification of any safety, security, cultural or health issues in the host country of which he/she should be aware. The Assignee should however take their own steps to satisfy themselves of such matters Cultural Awareness and Orientation Where appropriate, the University may provide the Assignee [and his/her dependants, where applicable] with cultural training to help them gain an understanding of the culture and customs of the Host Country. If cultural training is considered necessary, this will be provided as soon as reasonably practicable after the Assignee receives confirmation that the Assignment is to go ahead The University recognises that, where English is not the primary language of the Host Country, it is important for the Assignee to have some knowledge of the local language. Where the University deems language training to be appropriate, it may, where possible, arrange for language tuition for the Assignee [and his/her dependants, where applicable] prior to the start of the Assignment and continuing during the Assignment. Page 9 of 16

10 SECTION 3: DURING THE ASSIGNMENT 16 Salary and Remuneration 16.1 Basic Salary The University will be responsible for payment of the Assignee's salary, allowances and benefits Basic salary is the employee s basic pay at the point the Assignment commences, without any additions. Basic salary will be maintained during the Assignment and will continue to reflect any adjustments that are made at the Home Location in respect of cost of living or other increments Salary and any allowances will normally continue to be paid via the Home Location payroll Location allowance A Location Allowance will be determined prior to the commencement of as Assignment The Location Allowance is designed to take account of the difference in living conditions compared to those in the Home Country, and to recognize that the Assignee [and his/her dependants, where applicable] will have to make some adjustment to life in an unfamiliar environment. If there are no significant or adverse conditions then the location allowance will be zero The Location Allowance will be paid as a percentage of basic salary Where payable the Location Allowance will be paid monthly at the same time as the Assignee s salary and into the same bank account The University reserves the right to review the location allowance periodically to ensure that it is at an appropriate level. The allowance, therefore, may increase or decrease Subsistence Allowance Any subsistence allowance will be determined prior to the commencement of an assignment Where a subsistence allowance is granted assignees will receive the allowance in the form of a daily rate which may be paid as a per diem or a living away from home allowance. Payment of the per diem precludes the claiming of any personal travel and subsistence costs This allowance is to cover meals and incidental expenses in the Host Country. It is payable for each day or part day in the Host Country but not for days spent on annual leave. Page 10 of 16

11 16.4 Flexible Benefits The Assignment may affect the Assignee's ability to participate in any UK flexible benefits scheme. An Assignment is likely to be a "lifestyle event" requiring notification to the benefit provider. In some cases, it may no longer be possible to provide certain flexible benefits. The University's HR department will discuss with the Assignee the implications of the Assignment on his/her benefits before the start of the Assignment. 17 Tax 17.1 The tax effect of the Assignment on an Assignee s tax position will depend on a number of factors, including the location and length of the Assignment, and ties to the UK Employees who are UK tax residents on Short-Term International Assignments will normally remain tax residents in the Home Country Where deemed appropriate the Assignee will benefit from one hour of tax advice, from the University s appointed tax advisers, in connection with his/her salary, benefits and allowances as part of the induction process of his/her Assignment While it is the Assignee's responsibility to ensure that he/she complies with the requirements of UK Self-Assessment and the tax system in the Host Country, including filing tax forms and paying the correct amount to the appropriate tax authorities, should the Assignee have any questions regarding his/her tax position as a result of the Assignment, he/she should notify the University, which will assist the Assignee or refer any such questions to its appointed Tax Advisers. 18 National Insurance 18.1 The Assignee's responsibility for social security payments in the UK and the Host Country will depend on a number of factors, including the location and length of the Assignment but in most cases it is expected that the Assignees on a short-term International Assignment will remain liable for social security payments in the UK in respect of his/her remuneration from the University Should any questions relating to social security payments in the UK or the Host Country arise as a result of the Assignment, the Assignee should notify the University, which will assist the Assignee or refer any such questions to its appointed Tax Advisers. Page 11 of 16

12 19 Accommodation 19.1 The University will provide the Assignee with assistance in finding accommodation in the Host Country. Depending on the duration of the Assignment this will either be on campus, at a hotel or a serviced apartment. The University will pay the legal and/or estate agency costs associated with securing accommodation in the Host Country The Assignee should not make any housing commitment in the Host Country without first gaining prior approval by the HR department in writing in advance of the cost being incurred. 20 Communication 20.1 The University will provide support to the Assignee throughout the Assignment with the Assignee s Head of Department/manager keeping in regular contact with the Assignee. The Assignee should also contact his/her Head of Department/manager if he/she has any concerns about the Assignment or experiences any problems, and keep the manager informed of progress with the work that he/she is doing. If the Assignee becomes aware of any actual or potential conflict between the duties he/she is working on at the Partnership Institution and the University, the Assignee should report this to his/her manager The Assignee may be required to attend meetings at the University in the Home Location for the purpose of keeping in touch with developments, training and reporting to his/her Head of Department/manager. The University will reimburse the Assignee his/her expenses incurred in attending these meetings in accordance with the University's expenses framework The Assignee should report to his/her partnership manager in respect of day-to-day matters relating to work carried out for the Partnership Institution. However, the Assignee's overall manager will remain his/her manager at Lancaster University. 21 Travel for Home leave 21.1 Where a Short-Term International Assignment is for 6 months or more then the Assignee will be entitled to one home leave airline ticket in the Assignment Period. This will be in accordance with the University s Business Travel Framework. Travel arrangements should be made where possible through the University s central travel service Alternatively, a flight of equivalent value to a flight to the UK may be available. Page 12 of 16

13 22 Compassionate Leave 22.1 In the event of the death or serious illness/accident of a member of the Assignee s immediate family (mother, father, brother, sister, son, daughter), the University will provide return air travel to his or her home location. If he or she is accompanied on assignment by dependants this will also apply to his or her spouse/civil partner and any dependant children The Assignee will be granted up to 5 days compassionate leave in these circumstances and, where the flying time is over 12 hours, one day's travel time in each direction. 23 Health and Safety 23.1 Guidance for is provided via the University s Health and Safety department website to ensure the safe management of activities when working overseas. The University has adopted the UCEA health and safety guidance as framework The Head of Department/manager and Assignee will work together to ensure that the guidance is adopted for the duration of assignments, utilising principles of planning, control and review to ensure that foreseeable problems, difficulties or events are identified and courses of actions can be planned to counter these. 24 Access to health and medical provisions 24.1 For Short-Term International Assignments of more than one month, Assignees will be provided with full health and medical insurance via a health care plan. The University will provide the Assignee [and any accompanying dependants] with international health cover during the Assignment. The details of the health and medical insurance will be provided to the Assignee in advance of the Assignment. 25 Emergencies when abroad 25.1 Dependent on the location of the Assignment, the Assignee may need to register him- /herself [and any dependants] with the UK embassy/consulate. In the event of an emergency in the Host Country, the embassy/consulate may deem it appropriate to contact the Assignee and provide advice about appropriate action If at any point during the Assignment, the Assignee is concerned about his/her safety in the Host Country because of a security incident, civil unrest or natural disaster, the Assignee should contact the UK embassy/consulate for advice on the severity of the problem and recommended action. The Assignee should keep their manager at Lancaster University updated as to his/her personal situation In the event that the Assignee experiences an emergency situation during the Assignment, the University may use its discretion to provide the Assignee [and his/her accompanying family members] with access to counselling via the Employee Assistance Programme Page 13 of 16

14 25.4 Assistance is also available to provide guidance on the most appropriate course of action to help you through an emergency. Contact and framework details are available via 26 Insurances 26.1 The University provides travel insurance for all employees who undertake travel on behalf of the University. Guidance and information are available from The Assignee is responsible for maintaining any personal insurance during the Assignment. Before the Assignment, the Assignee should check the effect that moving overseas might have on his/her personal insurances, including relating to UK accommodation, life insurance and critical illness. Page 14 of 16

15 SECTION 4: END OF ASSIGNMENT 27 Debrief meetings 27.1 Prior to the end of the Assignment Period, the Assignee and his/her Partnership Institution manager and Head of Department/manager will meet to conduct a formal evaluation and review of the Assignment. The Assignee's Head of Department/manager will attend the meeting in person or remotely On return to the Home Location, the Assignee s Head of Department/manager will arrange a meeting with the Assignee [and his/her partner if applicable] for the purpose of obtaining feedback on the Assignment, which may be used to assist the University and Partnership Institution to plan future assignments and develop and evaluate relevant policies and procedures. 28 Post-assignment employment 28.1 The University intends that, at the end of the Assignment, the Assignee will return to their substantive post that he/she held in the University before the start of the Assignment on the terms and conditions applying prior to the Assignment If this is not possible, for example, because the role no longer exists or the needs of the organisation have changed, the University will look to redeploy the Assignee into a suitable alternative role. This will be done in line with the University s existing policies for redeployment and consultation. The University will make every effort to find the Assignee a role with the University, but this may not always be possible, and it will discuss the circumstances in full with the Assignee as soon as it is reasonably practicable to do so. 29 Repatriation 29.1 At the end of the Assignment (subject to sections 12 and 30.2), the University will repatriate the Assignee [and his/her dependants, where applicable] to the UK If the Assignee is to undertake a further overseas assignment immediately (the relevant terms of which will be set out in a new Letter of Assignment) the University will apply this Framework to their new Assignment All flights related to the Assignment will be economy class and should be arranged by the Assignee, and where possible, booked through the University s central travel service. Page 15 of 16

16 30 Early termination of Assignment 30.1 If the University or Partnership Institution wishes to end the Assignment before the end of the Assignment Period, they should give the Assignee at least 3 months notice of their intention to do so in writing as set out in the Letter of Assignment Where the Assignment is terminated because of the Assignee's gross misconduct, both the Assignment and the Assignee's employment will terminate with immediate effect without the need for the University to serve notice. In these circumstances, the University reserves the right not to pay the Assignee any repatriation allowances. 31 Resignation from employment 31.1 If the Assignee wishes to terminate his/her employment during the Assignment, he/she should give their normal contractual written notice to their Head of Department/manager. 32 Review 32.1 This Framework does not form part of any employee s contract of employment This Framework will be reviewed as part of the University s HR framework review programme. As a result it may be amended or withdrawn at any time to reflect changes in legislation and/or changing University requirements. Page 16 of 16