Generally, yes, provided subsidiary bears the cost of award.
Written agreement required.
Income Tax:
Withholding and reporting required.
Social Insurance Contributions:
Yes. Employer and employee contributions due and employer must withhold employee portion. Generally not possible to transfer employer contributions to employees for cash settled awards.
Awards paid in cash through local payroll generally have increased plan entitlement risks, as well as other increased labor law risks such as the need to include amount when calculating termination indemnities, obligation to consult works council, etc.
Discrimination against part-time and fixed term employees and on the grounds of certain characteristics (such as age, sex and disability) is generally prohibited.
A valid basis is required to collect, process and transfer personal data.
The EU Data Protection Regulation ("GDPR") became effective in all EU/EEA countries (including the UK at the time) on 25 May 2018. It introduced new requirements and increases the powers of data protection authorities, rights of data subjects and potential penalties for noncompliance.
Accordingly, companies should review their approach to data privacy compliance in the context of equity plan administration and consider on which basis they may be able to rely to collect, process and transfer data.
Registration and notification requirements with local data privacy authorities may also apply.
Although the UK departed the EU on 31 January 2020, the GDPR already had entered into force in the UK. Transfers of personal data from the EU/EEA to the UK are permitted to continue without safeguards as the European Commission has adopted an adequacy decision in respect of the UK.