Strategic companies importing foreign workers is complex

Ricardo Martins , Hyundai Motor Brazil , a company that sends and receives workers between countries for technology transfer



In September 2012 , Hyundai began manufacturing cars at its plant in Piracicaba - SP , the first automaker in the country. The factory currently has more than 2,700 jobs , and up to 0.5 % of them aimed at foreigners who come from other units of the Korean company in the world . At the beginning of the works , in 2011 , the number of immigrants working in São Paulo unit moved between 120 and 130 . Hyundai, however , not only imports but exports hand labor .



" We have a policy of exchange of individuals between units worldwide to accelerate technology transfer . It's part of the plan of sending and receiving professional careers , "says Ricardo Martins , general manager of corporate affairs , government relations and HR Hyundai Motor Brazil , who attended the seminar Immigration Labor in AmCham - Sao Paulo , Friday ( 23 / ​​08 ) ( read more here) .



Such a flow of workers , however, is not without a specific job with the Ministries of Labour and Foreign Affairs , negotiations with unions, labor regulations involving both laws of the country of origin as Brazil, and a number of bureaucratic steps to ensure payments taxes as IR , in Brazil , and the expatriate worker rights such as the right to serve the FGTS even if you are abroad - including in the event of death . " For all this , we keep an expatriate management ," says the executive , adding that among the initial tasks , there are tests and cultural training .



The process



The report shows Martins is a painstaking process for many companies spend to bring foreign professionals in Brazil , considered strategic resource for business development . In recent years , the arrival of expatriates grew and the volume of cases and consultations with the Ministry of Labour as well. The folder itself , through CNIg ( National Immigration Council ) , just changing resolutions to meet increased .



Still, the differences between the laws of two countries can cause conflicts , as the employee who comes to Brazil go on to win more than the chief, who was in the country of origin . This may occur with American workers , for example. In the United States , there is only merit salary increase . Here , beyond that , there is the bargaining .



There are still uncertainties on how to use the time worked in Brazil for retirement in the home country .



" There are professionals in closing contracts here , go to court with grievances [ against these conflicts of laws ] ," said Carolina Davies , a partner in the area of Labor and Social Security law firm Machado , Meyer , Sendacz , opice .



legal minutiae



Even with a good dose of patience legal , these cases are of legal workers with visas to work in the country , depending on the agreed time and the role they will assume . But not always have the professional registration of associations to act in the area , especially if the change does not take here through an employer.



" There are foreign engineers who fail to register and operate in illegality , arranging a Brazilian to sign the work" says Aureo Pasqualeto Figueiredo , director of Professional Relations of CREA - SP ( Regional Council of Engineering and Agronomy of the State of São Paulo ) .



He explains that the foreign proceeding to obtain registration with the body is the same for Brazilian engineers . What can delay or even prevent it is the law, which necessarily needs to be recognized in Brazil or be previously validated by a federal university . " In a universe of 400,000 records , we have few foreign engineers , around five thousand," he says.



Legal difficulties and management aside, experts are in unison in saying that it pays to bring foreigners to work in Brazil . " For the specialist who does not have here , it , yes. And it focuses on the law itself , to authorize the type of professional that does not exist in our market , "said the lawyer Davies Carolina .



" They make a link between the company abroad and here, often with very different languages ​​such as Asian . Costs more [ import them ] , but lacks the knowledge transfer "points Thais Rooster , a partner in the area of Labor and Immigration Pinheiro Neto Advogados .



Source : American Chamber of Commerce