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Date: | Mon, 27 Sep 2010 14:41:21 -0700 |
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The biggest issues relating to expatriate (records relating to relocation of
employees from their home country to a host country) and inpatriate (relocation
records held in the host country of employees from other countries) records are
related to taxes. Next up will be immigration and work permit issues. In
addition, there are contractual issues with the employee and third parties
engaged in the process of relocation. Generally, the applicable retention period
starts with the end of the assignment. For some employees, they may be under one
relocation agreement or another for a considerable part of their career. If each
assignment is covered by a separate agreement that does not amend prior
agreements, each assignment could be retained separately.
These records may include contracts for the sale of real property, so if a
company is liable for taxes from such sale, this will need to be taken into
consideration.
Generally, the longest retention period will relate to contracts, so a typical
retention period would be ten years after termination of the contract. However,
if the transaction involved the acquisition or disposition of a company asset
(say property or a vehicle), you should look to the applicable tax laws. There
are often records of payments to third parties (or the employee) in the files,
so those records may be governed under standard accounting retention periods.
Immigration records and work permits will vary from country to country and are
generally the most critical of inpatriate records.
The employee's contract is often very critical as it will contain clauses
dealing with repatriation in the event that the employee is dismissed or laid
off. In addition, an employee may have some liability to reimburse the employer
for relocation costs should the employee voluntarily resign.
It's my experience that these records are generally maintained separately from
the master personnel file because they relate to a specialized process and often
need to be referenced several times during the assignment in order to update
work permits and so forth.
Patrick Cunningham, CRM, FAI
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