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Kev_Wright  
#1 Posted : 11 April 2019 13:11:16(UTC)
Rank: New forum user
Kev_Wright

Hi, 

Looking for some guidance on what responsibility an employer has regarding personnel they have contracted to work overseas! I am aware that a duty of care is required when an employee is sent overseas but wondered if the same applies if its a self employed person being sent (Contracted by the company)? What is required by the company, if anything?

Secondly does the above apply if the company is based in the UK but foreign registered? 

Ian Bell2  
#2 Posted : 11 April 2019 13:23:17(UTC)
Rank: Super forum user
Ian Bell2

Are they employees i.e. working under a contract of employment? Or contracted under a contract for service? i.e. a separate legal & commerical entity. 

Kev_Wright  
#3 Posted : 11 April 2019 13:30:28(UTC)
Rank: New forum user
Kev_Wright

Yes working under a contract of employment, but these persons are multi national i.e could be travelling from Germany to work in France!

AcornsConsult  
#4 Posted : 11 April 2019 13:35:42(UTC)
Rank: Forum user
AcornsConsult

Originally Posted by: Kev_Wright Go to Quoted Post
Looking for some guidance on what responsibility an employer has regarding personnel they have contracted to work overseas! I am aware that a duty of care is required when an employee is sent overseas but wondered if the same applies if its a self employed person being sent (Contracted by the company)? What is required by the company, if anything?

Secondly does the above apply if the company is based in the UK but foreign registered?

I'm a little confused.  Has our slef employed person now contracted to the. company based in the UK or based elsewhere?  
AFAIK, if I am self-employed and deicee to accept wotjfor a non-UK company outside the UK, then its all down to me and that country's H&S systyems.   If i am sent by a UK based company then I am subject of the UK system in addition to those of the non-UK country.  
We have mention fo German and France - are thse UK, French, or Germany or other based employees?
Kev_Wright  
#5 Posted : 11 April 2019 13:53:36(UTC)
Rank: New forum user
Kev_Wright

It's a UK based company but registered to Bermuda, there are several persons (Self employed) that we sub-contract to carry out work in various world wide places. They could be German nationals that we send to France for an example!

A Kurdziel  
#6 Posted : 12 April 2019 09:10:44(UTC)
Rank: Super forum user
A Kurdziel

Generally the local laws apply so a French person working for a British based Bermudan company in Germany would have to work under German H&S laws, cos they are in Germany. The UK Health and Safety at Work Act does not apply to activities taking place overseas (except oil/gas rigs on the UK continental shelf)

Civil law is more complicated. If the person was to be injured there is the question of how they could be compensated. Ideally it would be written into the contract, saying for example take UK law applies or Bermuda law (if you are unlucky). In France and Germany that are compensation schemes which do not go through courts and are paid for by employer’s contributions. There might an agreement between French and Germany allowing people to claim against their home scheme for injuries in a neighbouring country (this is just guess but it seems likely). They guys you are sending abroad are classed as self-employed so they might not be part of such a scheme ( I am not sure how compo works for self-employed people in Europe) .They could sue in the UK if they could demonstrate that the decision to send them somewhere hazardous was taken in the UK and so that might end up being the venue for a legal action for damages.

I did say this might be complicated; I was wrong this is really complicated!

Kev_Wright  
#7 Posted : 12 April 2019 10:28:06(UTC)
Rank: New forum user
Kev_Wright

Thanks A Kurziel, its not an easy one to explain. :-)

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