Tag Archives: migrant workers

UK: Employees overseas – need for caution in using standard employment contracts

The fact that an employee working overseas is on an employment contract governed by English law is a relevant factor in determining whether he can bring an unfair dismissal claim in England, even if it was simply a standard contract … Continue reading

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

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 The MIL repealed the 2012 Foreign Investment Law (the "FIL").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)

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

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

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

UK: Government announcements – workers’ rights post Brexit, employee representation on boards, employment of foreign workers, and review of modern employment practices

At the Conservative Party conference, Theresa May announced plans to repeal the 1972 European Communities Act, which gives direct effect to EU law in the UK, and to transpose all existing EU laws into domestic legislation. She also promised that … 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: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: No race discrimination claim where vulnerable migrant workers abused due to immigration status

The Supreme Court in Taiwo v Olaigbe and Onu v Akwiwu has ruled that less favourable treatment due to a vulnerable immigration status was not direct race discrimination;  immigration status is not expressly a protected characteristic and cannot be equated … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

Singapore: Measures tightening the rules on hiring foreign workers

The Ministry of Manpower has announced measures to ensure fair employment opportunities for Singaporeans, including two main proposals:

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

UK: Race discrimination – care needed over instructions on language to be used in the workplace

The recent EAT ruling in Kelly v Covance Laboratories serves as a reminder of the discrimination risks inherent in prohibiting employees from speaking in their native (non-English) language. In this case, the employee's claim that an instruction not to use … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)