International mobility (including secondments, migrant workers, territorial jurisdiction)

China: Implementation Measures for Foreign Talent Visas (R Visas)

On 28 November 2017, the State Administration of Foreign Experts Affairs (SAFEA), the Ministry of Foreign Affairs (MFA) and the Ministry of Public Security (MPS) jointly issued the Implementation Measures for Foreign Talent Visas (Measures). The Measures provide the standards … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia

UK: jurisdiction clause in settlement agreement did not prevent proceedings where employee domiciled

The Commercial Court has ruled that a Dutch jurisdiction clause in a settlement agreement waiving claims on termination did not prevent an employer suing the employee in the member state in which he was domiciled (England) in respect of alleged … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK

UK: Whistleblowing – rulings on claims against colleagues working abroad, the importance of the employer’s and whistleblower’s motivation, and scope of remedy for detriment

In its first ruling on the issue, the EAT has ruled that an employee can bring a whistleblowing detriment claim in an English employment tribunal against their colleagues working overseas provided the “substantial connection” test (previously only applied to claims … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Whistleblowing

Indonesia: Compliance Check – Short Term Business Travellers

An increase in the incidence of inspections by the immigration authorities to workplaces reviewing the legality of the immigration status of foreign workers and business travellers means now is the time to review your mobility arrangements and ensure compliance.

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia

Australia: Establishing an Australian Modern Slavery Act and its impact on Australian Business

Australia’s Joint Standing Committee on Foreign Affairs, Defence and Trade (‘Committee’) has handed down its final report in its inquiry into establishing a Modern Slavery Act in Australia. The inquiry included consideration of the Australian Government’s announcement in August 2017 … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Australia

UK: Brexit negotiators agree sufficient progress made on rights of EU citizens in UK

The rights of EU citizens is one of the three issues on which sufficient progress was required before the Brexit negotiations with the EU could move onto Britain’s future relationship.  The Joint Report of the negotiators issued in early December confirms … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK

UK: Supreme Court confirms the limited scope of state and diplomatic immunity from employment claims

In two judgments handed down on 18 October 2017, the Supreme Court (the “Court”) has allowed certain employment claims made by foreign nationals employed as domestic workers at the embassies of foreign states and a diplomat’s residence to proceed despite … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK

UK: Brexit – UK government gives assurances to EU citizens in the UK

The rights of EU citizens currently in the UK were the subject of considerable focus last week, in light of concerns as to whether the Home Office will be able to handle applications from the estimated three million EU citizens … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK

UK: New Resources

New presidential guidance has been issued in relation to how employment tribunals should calculate pensions loss and awards for injury to feelings in discrimination cases, available here. There are three bands for injury to feelings, with a usual minimum of … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

Hong Kong: Immigration win for same-sex couple

In a landmark ruling, the Court of Appeal held that the Immigration Department’s visa policy, insofar as it denies same-sex couples eligibility for consideration for a dependant visa, breaches the right to equality enshrined in article 25 of the Basic … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Workplace flexibility and family-friendly rights