The current geopolitical and health situation at the start of 2026 reminds us of an inescapable reality for international companies: employee mobility cannot be improvised.
Between regional instability, economic tensions and persistent health risks, expatriation demands a high level of prevention and protection.
While it represents a strategic lever for growth, it also fully engages the employer’s responsibility, particularly in terms of his safety obligation.
The legal framework: a responsibility that transcends borders
Under French law, employers are bound by an obligation to ensure safety and prevent occupational hazards, as set out in Article L.4121-1 of the Labor Code.
This obligation does not stop at national borders. If an employee is sent abroad as part of his or her contract, the company remains responsible for the employee’s physical and mental health.
A reinforced prevention obligation
Case law has shifted this obligation towards a more preventive approach: employers must be able to demonstrate that they have taken all necessary measures to protect their employees.
This includes :
- Identifying risks in advance of an international assignment
- Informing and training employees before they leave
- Set up appropriate protection systems
- Follow-up throughout the duration of the assignment
Liability confirmed by case law
Several decisions by the French Supreme Court (Cour de cassation) have clarified the scope of the safety obligation in situations of international mobility.
In particular, they confirm that :
- Employers may be held liable if they were aware of a danger (political, health or safety) without having taken the necessary preventive measures.
- Employees on assignment continue to be covered for work-related accidents, including in the context of daily life abroad.
- Psychosocial risks (isolation, burn-out, overload) can engage the company’s responsibility when they are insufficiently anticipated.
These decisions illustrate one constant: failure to anticipate is the main legal risk factor for employers.
Duty of Care: from principle to operational reality
The concept of Duty of Care is now shaping international HR policy.
It is no longer limited to simple health cover, but encompasses all measures designed to guarantee the overall security of expatriate employees.
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Pre-departure risk assessment: an essential step
Any expatriation must be preceded by a structured risk analysis to anticipate the employee’s actual living and working conditions abroad.
This assessment is based in particular on the Document Unique d’Evaluation des Risques (DUER), which must be adapted to the international context and specific features of the destination country.
It must cover all aspects likely to affect the employee’s health and safety. This includes risks linked to the country’s geopolitical and security situation, such as political stability, crime levels or recommendations issued by official authorities. It must also take into account health issues, such as the quality of the local healthcare system, the possible presence of specific diseases and the accessibility of specialized care. Environmental conditions must also be taken into account, whether in terms of climate, pollution or exposure to natural disasters. Last but not least, it is essential to assess the psychosocial risks associated with expatriation, such as isolation, culture shock and the mental burden of moving away and adapting to a new environment.
Health and assistance cover: a cornerstone of the safety obligation
The obligation of security also implies guaranteeing effective access to appropriate care, whatever the country of expatriation.
In practice, local coverage is rarely sufficient.
Companies must ensure that they have :
- International health insurance adapted to the country of destination
- Coverage of actual costs or international standard equivalents
- 24/7 medical repatriation and assistance service
- Support in the event of a medical or security emergency
Specialized international health insurance solutions, such as those offered by industry experts, help meet these compliance and continuity of care requirements.
Mental health and expatriation: an underestimated issue
The psychological dimension of expatriation is now a major risk factor.
Remoteness, loss of reference points and cultural differences can generate :
- Chronic stress
- Social isolation
- Adaptation difficulties
- Risk of burn-out
Prevention must therefore include :
- Pre-departure intercultural preparation
- Regular remote monitoring
- Accessible psychological support systems
- Special attention to expatriate returnees
Duty of care and international companies
Since the introduction of the Duty of Vigilance Act, major corporations have been required to identify and prevent serious human rights, health and safety risks throughout their entire chain of activity.
This indirectly reinforces the obligations linked to international mobility, particularly for multi-subsidiary groups.
In certain situations, liability may also be extended in the event of the parent company’s direct involvement in the operational management of a subsidiary.
Checklist: is your company compliant?
Before you go abroad, make sure you have :
Clear information on the country’s health and safety risks
Appropriate training (safety, intercultural, health)
International health coverage, including assistance and repatriation
Pre-departure medical check-up and medical follow-up if necessary
An operational crisis management and evacuation system
Protecting people to secure international business
Sending an employee abroad is more than just a strategic decision: it’s a major legal, human and organizational commitment.
In 2026, companies are faced with a growing need for prevention and traceability of protection devices.
Anticipating these challenges means protecting our employees, securing our international operations and strengthening our employer brand.
