Category: Cross-border

Brexit: updated “no deal” guidance for EEA citizens

5 February, 2019

On 28 January 2019 the UK Government published guidance for EEA and Swiss citizens arriving in the UK after 29 March 2019 in the event of a “no deal” Brexit. Individuals will still be able to enter the UK to… Read more

Recruitment and protection of talent: a boardroom issue for pharma

12 September, 2018

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such… Read more

EU: Data Use – Protecting a critical resource

9 February, 2018

Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data… Read more

UK: Surveillance – European decisions highlight right to privacy in the workplace

7 February, 2018

Two recent decisions – along with the imminent implementation of the GDPR - highlight the importance for employers of reviewing monitoring practices and policies. In Antović and Mirković v Montenegro, the European Court of Human Rights (ECHR) ruled that it… Read more

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

30 June, 2017

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… Read more

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

17 February, 2017

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… Read more

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

17 February, 2017

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%… Read more

Hong Kong: Which laws apply in cross-border employment?

29 October, 2016

The Macau Judicial Base Court recently held that Macau law (not Hong Kong law) governed an employment relationship between a Hong Kong citizen and his Hong Kong based employer, notwithstanding that the employment contract clearly stated that Hong Kong law… Read more

Europe: Developments in EU laws on trade secrets and data protection

24 June, 2016

The Trade Secrets Directive was passed by the Council of Europe on 27 May 2016. It will come into force 20 days after its publication in the EU Official Journal and member states will then have a two year window… Read more

UK: Herbert Smith Freehills global survey reveals labour is both driver and challenge for cross-border M&A

29 April, 2016

Labour and employment law issues are a significant factor for cross-border deals, according to Herbert Smith Freehills’ new M&A report, ‘Beyond borders: the future of dealmaking’. ... Read more

EU developments: trade secrets and data protection

29 April, 2016

On 14 April the European Parliament voted to approve the new Trade Secrets Directive aimed at harmonising the definition and protection of trade secrets and undisclosed know-how across Europe. The Council is expected to approve the Directive this month and… Read more

Europe: Developments in EU laws on trade secrets and data protection

2 March, 2016

The European Parliament and EU Council have agreed the terms of a Trade Secrets Directive that aims to harmonise the definition and protection of trade secrets and undisclosed know-how across Europe. Once approved and adopted, the Directive could take effect… Read more

EU: Compromise reached on General Data Protection Regulation

9 February, 2016

After almost four years of debate, the European Commission, Parliament and Council finally reached political agreement on the proposed General Data Protection Regulation (the "GDPR") in December 2015. The final official text of the GDPR has yet to be released… Read more

EU: Data protection – proposed EU-US Privacy Shield

9 February, 2016

The EU Commission and the US have agreed on a new framework to facilitate the transfer of EU personal data to the US, the EU-US Privacy Shield, following the ECJ ruling that the old Safe Harbour framework was invalid (see… Read more

EU: ECJ privacy ruling not a green light for employer snooping despite media headlines

9 February, 2016

A recent ruling of the European Court of Human Rights should be viewed as a reminder to employers to exercise caution before monitoring their employees' use of internet and messaging services whilst at work. Media headlines framing the ruling as… Read more

EU: Will the new Trade Secrets Directive create a unified approach across the EU?

22 January, 2016

EU: Article published on jurisdiction rules applying to claims against directors

18 December, 2015

A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against directors who are also employees of a company. ... Read more

Europe: European Court of Justice declares US Safe Harbour invalid

20 November, 2015

The EU Data Protection Directive imposes restrictions on the transfer of personal data outside the EU, with transfers permitted only if the relevant country provides an adequate level of protection or if the recipient entity can demonstrate it provides adequate… Read more

UK: Statutory holiday – recalculation of entitlement to reflect change to hours need not be retrospective

16 November, 2015

The ECJ has confirmed that, when a worker increases their hours during the leave year, the statutory leave entitlement going forward must be recalculated based on the new increased hours, but any leave that has already accrued does not need… Read more

UK: Indirect discrimination – those who suffer alongside a disadvantaged group may bring claims

6 August, 2015

The ECJ has ruled that the EU concept of indirect discrimination permits claims to be brought by individuals who are not actually part of the protected group disadvantaged by a policy, if they “suffer alongside” that group. ... Read more

EU: Trade Secrets Directive slowly progresses through European Parliament

8 May, 2015

The EU "Trade Secrets Directive" is gradually making its way through the European Parliament. The Committee on Legal Affairs (JURI) has yet to adopt a draft Report on the proposal; an indicative plenary sitting date for first reading/single reading has… Read more

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

30 April, 2015

We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal… Read more

UK: Jurisdiction – scope for suing non-EU employers in UK extended by recast Brussels Regulation

10 February, 2015

The recast Brussels Regulation introduced significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings from 10 January 2015. One change of particular importance in the employment law sphere is that an employer domiciled outside… Read more

Europe: EU employers face significant financial risk due to holiday pay ruling

30 January, 2015

In May 2014 the European Court of Justice ruled that pay for statutory holiday entitlement under the EU Working Time Directive must reflect 'normal remuneration' (Lock v British Gas Trading C-539/12). The implications of the ruling (not least a potentially… Read more

Europe: ECJ rules that obese employees may be disabled

19 December, 2014

In a decision on 18 December 2014[1], the European Court of Justice (ECJ) has recognised that obesity can, in certain circumstances, entail limitations amounting to a disability for the purposes of the European Directive 2000/78 establishing a general framework for equal treatment… Read more

Asia Pacific: Paying out of accrued annual leave

5 December, 2014

Where there has been a transfer of employment, we compare the rules in Australia, New Zealand, Singapore, Malaysia and Indonesia in relation to what happens to an employee’s accrued but untaken annual leave. That comparison can be seen here. Read more

Podcast: Data protection laws – Impact on employers (Pan-European Perspective)

19 November, 2014

To register to listen to the recording or download as a podcast please contact Jane Webber who will send you confirmation of your log-in details. Data protection is a key issue particularly for clients operating in multiple jurisdictions. With the background… Read more

EU Gender Directive: Council of Ministers’ Progress Report indicates there is not yet consensus

26 June, 2014

The EU Parliament voted in favour of the draft EU Gender Directive to address gender balance on corporate boards in November 2013 and the Directive then passed to the Council of Ministers. In June 2014, the President of the Council… Read more

Herbert Smith Freehills Asia-Pacific Employment Law Guide 2014

31 March, 2014

Herbert Smith Freehills' global Employment, Pensions and Incentives (EPI) practice is inviting you to the launch of the 2014 edition of our Asia-Pacific Employment Law Guide. Compiled by our network of Herbert Smith Freehills employment lawyers and local counsel, the Guide… Read more

UK: Definition and protection of trade secrets and undisclosed know-how to be harmonised across Europe

10 January, 2014

To counteract a growing problem of trade secret theft and provide a clear and uniform level of protection across the EU, the Commission has approved a proposal for a Directive "on the protection of undisclosed know-how and business information (trade… Read more

EU Gender Directive: EU Parliament votes in favour of the draft Directive

21 November, 2013

Yesterday, 20 November 2013, the EU Parliament voted in favour of the legislative report on the EU Gender Directive which will oblige companies to adopt clear and transparent appointment procedures in order to attain at least 40% female non-executive directors… Read more

Webinar and seminar: Practical tips for managing employee issues in multi-jurisdictional business transfers

13 November, 2013

We invite you to join panel discussions with our transactional and employment lawyers who will share their top tips for managing employee transfers in multi-jurisdictional transactions. The discussions will focus on: key dos and don'ts when transferring employees in various different… Read more

Cross-border guide: Multi-jurisdictional business transfers – employee issues

23 October, 2013

A quick reference guide to law governing employee transfers in 32 key jurisdictions in EMEA, South and Central America and Asia-Pacific: Australia, Brazil, Chile, Colombia, France, Germany, Guinea , Hong Kong, India, Indonesia, Italy, Japan, Malaysia, Myanmar, Mexico, Netherlands, New… Read more

EU Gender Directive: 40% non-executive directors on EU largest listed companies by 2020 – EU Committees vote in favour of draft Directive

14 October, 2013

The EU Committees on Women's Rights and Gender Equality and Legal Affairs voted today in favour of a joint report on the draft EU directive which will require EU-listed companies to ensure, by 2020, that at least 40% of their… Read more

EU: Gender Balance on Company Boards – draft EU Directive “does not go far enough” argues the Committee on Economic and Monetary Affairs

25 September, 2013

As previously reported, the European Commission adopted a proposal for a gender Directive which plans to introduce a 40% “minimum objective” for the proportion of female non-executive directors (“NEDs”) on EU listed companies, and the Directive passed the subsidiarity test… Read more

Asia-Pacific: Governments crack down on the use of agency and temporary workers

13 August, 2013

In the last year, we have seen governments across the Asia-Pacific region tightening their laws and regulations relating to the use of agency (dispatch) and temporary workers. At least in some cases, this is in response to a perceived over-reliance… Read more

European Commission publishes employment and recruitment sector guide: Corporate responsibility to respect human rights

1 July, 2013

The European Commission has published guidance for the employment and recruitment sector on meeting the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights (UNGPs). The guidance sets out the steps required under… Read more

Report: Board minimum quotas for women – Where would male gender discrimination start?

21 June, 2013

Will the increased global focus on gender diversity on corporate boards distort the merit-based appointments process and result in sex discrimination against men in the workplace? Our article, first published in the June 2013 issue of the Newsletter of the International… Read more

View more posts

Key contacts