May 2014

Issue link: http://ailahub.aila.org/i/304305

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Lifestyle 9 What's Trending 9 Inter Alia 9 Get Connected 9 Member Advantage 9 Contact Us sponsor: about us: 8 CMB REGIONAL CENTERS cmb regional centers Practice Pointers w Immigration & Crimes w Immigration & Health care u going global w business immigration w behind the case by Noah Klug A s an immigration practitioner in Australia, this author oen helps American companies with the process of establishing an entity here, obtaining the appropriate work visas, advising on relevant employment law issues, and serving as their general adviser in relation to any legal maers that may arise as they begin to do business here. is article will provide a basic overview of the various issues involved with transferring staff to Australia. Before taking the first step in the process, this author recommends geing to know the business culture of the Australian market. Understanding the business culture is very important because superficial appearances can be deceiving. Clients should pretend as though they are opening an office in China and to make the necessary effort to learn the culture. e article, "Australia – Culture, Customs and Etiquee," is a good resource to help clients begin to understand the business cultural differences between the United States and Australia. Establishing the Legal Entity e first step involves establishing a legal entity in Australia. e process is not particularly difficult, and, unlike in America, there are not many structures from which to choose. In nearly all cases, the entity will simply be a proprietary limited company, or "Pty Ltd," for short. e company will need to obtain an Australian Business Number (ABN), which is the equivalent of the federal employer identification number (FEIN) in the United States. If the business is family-owned, then a family trust structure may be an option. Potential tax benefits of using a family trust structure include the ability to arbitrage tax between family members. At least one of the directors of the company must be a resident in Australia. He or she need not be a citizen. For example, an individual holding a 457 work visa would qualify. Learning the Employment Laws Employment law is much more regulated and proscriptive in Australia than in the United States. Employees almost always have lengthy, formal employment agreements, not just a simple offer leer, as is oen the case in the United States. No "at-will employment" here! e government is generally very pro-employee, making it fairly easy for employees to bring claims against their employers for the "unfair dismissal" or "adverse action" that the employer may take against the employee for aempting to exercise a workplace right or because of an aribute of the employee, such as race, color, sex, sexual orientation, age, religion, political opinion, etc. All employees are guaranteed the 10 National Employment Standards, which notably include, among other requirements: at least four weeks' annual leave per year, 10 days' paid personal/carer's leave, and a maximum 38-hour work week (plus additional reasonable hours). ere also is a requirement here that all employers Transferring Personnel to the Land Down Under Working in Trinidad and Tobago BACKTRACK next uw

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