Navigating cross-border mergers and acquisitions (M&A) can be a complex journey filled with legal, cultural and logistical challenges. For international companies and advisors, understanding the nuances of asset carve-outs and workforce transitions is critical.
Employer of Record (EOR) solutions play a pivotal role in ensuring smooth transitions, particularly when dealing with “orphaned employees” or tight timelines. This guide provides a step-by-step walkthrough of the M&A process. We highlight starting points, outline key milestones and discuss how a reliable EOR provider can facilitate seamless talent transitions.
EOR: supporting M&A deals
An EOR enables businesses to manage a workforce in foreign markets without establishing a legal entity. In the context of M&A—especially asset carve-outs—an EOR serves as a bridge. This allows companies to inherit or engage employees compliantly and efficiently, even if they do not have an entity in the target country.
Here’s how an EOR can support cross-border M&A:
- Rapid Onboarding: In situations with tight completion timelines, EORs can prepare and align employee contracts ahead of deadlines to ensure seamless transfer.
- Compliant Workforce Management: EORs construct localized employment contracts, administer payroll, and manage benefits in alignment with local laws.
- Flexibility: They can serve as a short-term solution until an entity is established or as a cost-efficient long-term strategy.
- Risk Mitigation: By managing HR transitions, EORs minimize risks such as employee disputes or compliance issues.
EOR as a solution to carve-out challenges
An EOR addresses carve-out-specific challenges through:
In asset carve-outs, where employees often face uncertainty and fear, EORs provide continuity. At the same time, they can efficiently address compensation, communication and cultural adaptation challenges.
- Localized HR Expertise: Tailored contracts, culturally appropriate communication and local language support can all facilitate talent transitions.
- Two-Step Transfer Process: Risks can be mitigated through resignation and rehire models.
- Comprehensive Employee Support: An EOR provider can facilitate transparent discussions about changes in benefits and employment terms.
Countdown to transitioning talent: step-by-step
While the timeline for transitioning employees post-M&A can vary, GoGlobal has successfully partnered with clients to complete this process in just 55 days under ideal circumstances.
Below is a countdown of key milestones illustrating how the GoGlobal team enables seamless, quick workforce transitions. At the same, compliance and talent retention are prioritized throughout the process.
55 Days to Start: Confirm Workforce Details
The journey begins with a comprehensive review of workforce parameters. This step includes:
- Confirming the number of employees involved.
- Reviewing existing contracts, compensation, and benefits.
- Identifying specific considerations such as employees on leave (e.g., maternity or long-term sick leave) that might affect timelines.
50 Days to Start: Sign the Master Service Agreement (MSA)
With workforce details confirmed, the next step is to formalize the partnership by signing the MSA. GoGlobal assigns a dedicated project team, including a Project Manager. This team oversees the transition process and maintains clear communication with all stakeholders.
45 Days to Start: Gap Analysis and Transition Planning
At this stage, GoGlobal conducts a Gap Analysis to compare the existing employment terms against local regulations and GoGlobal’s standards. This includes:
- Identifying discrepancies in contracts and benefits.
- Proposing tailored solutions, including benefits mapping, upgrades and, where applicable, ‘grandfathering’ certain terms.
- Accounting for country-specific challenges to provide sufficient time for talent to consider and accept offers.
40 Days to Start: Finalize Transition Plans
Transition plans are discussed and agreed upon for each worker. This step aims to align all stakeholders on the process. At this time, any lingering challenges—such as local labor law requirements or cultural nuances—are addressed.
36 Days to Start: Prepare Employee Communication
Employee communication materials are finalized to provide clear and transparent updates on the transition. These materials help manage concerns and foster trust during the changeover.
30 Days to Start: Employee Meetings
Individual meetings are held with employees to explain their new employment terms, answer questions and address any uncertainties. This personalized approach helps facilitate smooth acceptance of the transition.
29 Days to Start: Draft and Share Contracts
New employment contracts, tailored to local regulations and employee expectations, are sent out for review. In compliance with local laws, employees are given sufficient time to review and return their signed agreements.
7 Days to Start: Finalize Contracts and Complete Onboarding
The final contracts are signed, and the onboarding process is completed. This includes:
- Employee registration with local authorities.
- Benefits enrollment tailored to the new structure.
- Any necessary assistance with resignation and rehire, particularly in cases where a two-step transfer process is used to mitigate risks.
Final Step: Employees Start Under the New Structure
With all contracts finalized and onboarding complete, employees officially begin their roles under the new structure. Under normal circumstances, the transition is seamless and the business can continue operations without disruption.
What makes the 55-day timeline possible?
Achieving a successful M&A workforce transition in 55 days requires meticulous coordination and preparation. Key factors include:
- Complete and Accurate Information: All required workforce details must be consolidated and readily available. This includes employee data, existing contracts and benefits.
- Proactive Risk Management: Addressing potential challenges, like employees on leave or country-specific regulations, early in the process helps support the timeline.
- Compliance with Local Laws: Offering workers adequate time to consider offers prevents delays and upholds compliance. GoGlobal’s expertise in local employment laws mitigates risks and keeps the process on track.
- Efficient Communication: Clear, transparent messaging keeps employees informed and reassured throughout the transition.
Racing against the clock
M&A deals almost always operate on tight deadlines, making precise planning and execution essential. It’s more than just a process—it’s a race against the clock, where every moment matters.
Cross-border deals, particularly asset carve-outs, introduce unique challenges that demand expertise and precision. Engaging a qualified EOR can simplify what might otherwise be a complex process, providing a structured, compliant and employee-focused solution.
With local knowledge and a methodical approach, an EOR can help businesses navigate workforce transitions smoothly, maintaining operational continuity and key talent retention throughout the process.
Contact us to learn more about how our dedicated M&A Solutions team can help support businesses in cross-border deals.