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

Brexit and EU citizens’ rights – UK proposals and action points for employers

The UK Government has published its proposals for safeguarding the position of EU citizens living in the UK post Brexit (link).  Settling the future of citizens exercising their right of free movement and providing legal certainty for EU citizens in … Continue reading

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

Myanmar: New investment law

The Myanmar legislature enacted the Myanmar Investment Law (the "MIL") late last year. The MIL repealed the 2012 Foreign Investment Law (the "FIL"). In relation to the MIL, the Myanmar Ministry of Planning and Finance has drafted the Myanmar Investment … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Remuneration (including bonus and incentive plans)

Singapore: Illegal workers – High Court holds employer liable for injuries to illegal worker

In Md Shohel Md Khobir Uddin v Chen Yongbiao and another [2017] SGHC 109, the Singapore High Court (SGHC) awarded an individual working illegally 80% of the damages claimed for personal injuries suffered as a result of an employers' negligence. … Continue reading

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

PRC: Is Hiring Expatriates Becoming More Difficult?

PRC authorities have launched New Work Permit Rules in April 2017. Consistent with the PRC authorities' attitude to "welcome high-end, control mid-level and restrict low-end expatriates" (鼓励高端,控制一般,限制低端), the New Work Permit Rules on the one hand streamline the expatriate work … Continue reading

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

France: New obligation in relation to the social security coverage of employees seconded to work in France

In principle, an employee is covered by the social security regime which is applicable in the country where he is carrying out his work – ie, employees working in France should in principle be covered by the French social security … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: France, Remuneration (including bonus and incentive plans)

Hong Kong: The labour policy promises of the new Chief Executive

On 26 March 2017, Carrie Lam Cheng Yuet-ngor was elected as the city's next (and first female) chief executive, after winning 777 votes from a 1,194-member election committee. In a 520-page manifesto, Carrie Lam set out her policy campaign including, … Continue reading

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

UK: April 2017 changes – apprenticeship levy, tribunal compensation limits, national minimum wage, statutory benefits and immigration skills charge

From 6 April 2017 UK employers with an annual pay bill of or over £3 million will be required to pay an apprenticeship levy at a rate equivalent to 0.5% of their payroll costs, subject to an offset allowance of … Continue reading

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

UK: Jurisdiction – claims for EU-derived rights may only be brought in the UK if working within the EU

In Wittenberg v Sunset Personnel Services the EAT has reiterated its view, originally given in Hasan v Shell International (see our blog post), that EU-derived rights such as working time or discrimination protections can be enforced in the UK, despite … Continue reading

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

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK

Asia: Human rights – modern slavery and labour issues

Concerns in relation to “modern slavery” are increasingly important for businesses to recognise. This is especially so in Asia, where poor enforcement mechanisms and unfamiliarity with employee rights often result in exploitative working conditions. What can companies do to ensure … Continue reading

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