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ExpatriatesLatest NewsImmigrationGlobal HR

HR strategies for global employees in crisis situations

by Andrew Barnett and Liat Zudkewich 4 Dec 2023
by Andrew Barnett and Liat Zudkewich 4 Dec 2023 A flare lights up the sky during fighting in northern Gaza. Photo: Jim Hollander / UPI / Alamy
A flare lights up the sky during fighting in northern Gaza. Photo: Jim Hollander / UPI / Alamy

HR professionals may feel like they have been living in a state of crisis for many years, whether it’s Brexit, Covid-19 or, in recent weeks and years, geopolitical conflict. Andrew Barnett and Liat Zudkewich examine what HR should be doing to assist their global employees in crisis situations.

Navigating crises becomes even more challenging when dealing with a global workforce and myriad immigration considerations that come into play. In such instances, HR professionals must rely on speed and agility to assess their workforce’s needs and implement effective solutions.

Know your people

In crisis situations, knowledge is power and having accurate employee population data is key to making quick and strategic decisions. HR professionals and employers should take the following steps to ensure they have access to quality data:

  • Create and maintain a centralised database of employee immigration information which houses immigration status, visa expiry dates and relevant immigration-related documentation. Consider whether employees input updates on their own into the HR platform or whether your organisation should have an external platform that keeps all this data easily at hand.
  • Make sure data is easily accessible: Information should be readily available via reports, and HR teams should be comfortable and familiar with the key data points.
  • Regularly audit and verify employee data: Partner with an immigration professional to regularly audit the data. Frequent audits can help to identify discrepancies or expiring documents that require attention, allow employers to act fast in a crisis, and lessen the chance of compliance issues.

Knowing the nationalities of your employee population means you can identify where they can easily travel to and continue working to ensure business continuity. For example, a French national on a work permit in Israel or the Palestinian territories would be able to move to any EU country and work.

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Additionally, knowing what visas your employees hold can be very useful when making quick decisions around evacuation and longer-term travel. An Indian national working in Israel may not have many options to move in a crisis, but if they have a valid Schengen or UK visa, all of a sudden, a world of possibilities opens up – at least for travel in the short term.

It is also important to collect key data from employees related to their family members when planning moves during a crisis as the impact of a crisis goes beyond employees. Having family members’ contact details and documents, such as marriage certificates, birth certificates and passports, is critical when making these key decisions. It’s also possible that employees could take advantage of a spouse/partner’s different nationality to relocate as a family.

Follow legal updates

In times of crisis, governments may make rapid changes to immigration laws and policies. Many of these changes take place in real-time with little or no notice to employers or foreign nationals. HR professionals and employers must understand the legal implications of immigration changes and conflict-driven policies to ensure compliance for their global workforce.

Some strategies for HR professionals to remain up to date on legal changes during a conflict include:

  • Consulting with immigration professionals who specialise in global immigration law and mobility strategies to ensure your organisation is in full compliance with all relevant laws and regulations.
  • Educating your HR and legal teams on the legal implications of various immigration scenarios, enabling them to make informed decisions and address challenges swiftly.
  • Staying up to date with immigration law changes, and being prepared to adapt your immigration strategies in response to new legal requirements.
  • Identifying trusted sources and checking them often. Whether it is a law firm client alert, government website, or recognised travel organisation, knowing where to get reliable and updated information is key.

Specific contingency planning

Contingency planning is critical for a comprehensive approach to crisis management. HR professionals should work with their trusted immigration partners to build a roadmap focused on getting employees and their families to safety while ensuring business continuity.

One effective strategy is working with an immigration provider to first identify options for immediate relocation in a crisis. This may include remote work or digital nomad visas. In doing so, don’t let perfection be the enemy of good – it’s true there won’t usually be a one-size-fits-all answer, but there will often be a one-size-fits-most solution, and that must be good enough in an emergency.

For example, when some companies were closing operations in Russia, following the invasion of Ukraine, and wanted to quickly relocate staff to countries where work continuity could be assured, many companies utilised a “standard case” model which assumed all staff and family members were Russian nationals with currently valid documentation.

Where situations deviated from the standard, they needed more tailored assessment, but this model still enabled the move of hundreds of employees seamlessly to Kazakhstan in a short time frame. Having a plan in place will ensure you are ready to act quickly in any crisis.

Pool your resources

Having a crisis management team with clearly delineated responsibilities can help you to consider all potential impacts of a crisis while minimising the burden on a company’s resources. While immigration could be one and a primary consideration, if employees are grounded somewhere for an extended period, they could encounter tax or social security payment issues as well as employment law considerations and a need for additional documents. A crisis management team can also ensure lines of communication remain open to employees and their families and address concerns during periods of uncertainty.

When collaborating with a global workforce, HR professionals must be prepared to manage their workforce’s immigration needs effectively, even in times of conflict or crisis. Maintaining quality data, understanding legal developments, developing comprehensive contingency plans, and pooling resources are essential components of a successful global immigration strategy during times of crisis. By implementing these strategies, employers can successfully navigate the challenges of global immigration, even in uncertain times – and gain the confidence of their employees along the way.

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Andrew Barnett and Liat Zudkewich

Andrew Barnett is a senior manager and solicitor in Fragomen’s European coordination practice in London. He manages a team of experienced immigration professionals who coordinate international transfers and hires into European destinations. Liat Zudkewich is a senior associate in Fragomen’s New York office and works with clients to provide strategic guidance for global business immigration and advises on compliance regulations.

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