France: Recent and Upcoming Labour Reforms
Several important employment law reforms have come into force recently or will come into force shortly, both at the EU and French level. Below are some of the changes to expect for 2019: ...
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Compliance Check: Indonesia – Hiring Local Employees Without A Local Entity
There are complicated rules which govern when and how a foreign entity can operate in Indonesia without establishing a local entity. Companies should pay particular attention to employment structures in such circumstances. ...
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Brexit: updated “no deal” guidance for EEA citizens
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…
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Compliance Check: Indonesia – New Rules for Foreign Workers
Indonesia’s Ministry of Manpower ("MOM") has issued a new regulation, MOM Regulation No. 10 of 2018 on Procedures for the Utilisation of Foreign Workers ("Reg 10/2018"), which implements President Regulation No. 20 of 2018 on Expatriate Utilisation ("PR 20/2018"). Employers…
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UK: employment law and migration on a deal/no-deal Brexit
The last few weeks have seen a flurry of publications providing a slightly clearer picture of the employment and immigration consequences of a Brexit deal or no-deal. In addition to the final text of the draft Withdrawal Agreement setting out the arrangements…
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Compliance Check: Vietnam – Hiring Local Employees Without a Local Entity
There are complicated rules which govern when and how a foreign entity can operate in Vietnam without establishing a local entity. Companies should pay particular attention to employment structures in such circumstances. ...
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Recruitment and protection of talent: a boardroom issue for pharma
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…
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UK: Government’s white paper on future relationship and technical notes in the event of a Brexit no-deal
Over the summer the Government published its white paper on the future UK-EU relationship post transitional period, covering a wide range of issues including immigration and employment. On immigration, the Government stated that it recognises the importance of moving and…
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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…
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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…
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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…
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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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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…
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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…
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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…
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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…
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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…
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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…
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UK: Employees overseas – territorial scope of collective redundancy obligations
The EAT has confirmed that the obligation to consult about collective redundancies applies where the employees assigned to an establishment have a sufficiently strong connection to Great Britain and British employment law; it is not the connection of the establishment…
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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…
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UK: Queen’s Speech and Brexit developments
The Queen's Speech on 21 June 2017 set out the government's programme for the next two years and was inevitably dominated by Brexit-related legislation. The principal bill will be the European Union (Withdrawal) Bill, subsequently published on 13 July 2017,…
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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…
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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…
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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.…
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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…
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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…
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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,…
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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…
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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…
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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%…
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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…
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Hong Kong: Which laws apply in cross-border employment?
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…
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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…
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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…
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UK: Immigration Act introduces new offence from 12 July 2016
The Immigration Act 2016 has also recently been enacted. With effect from 12 July 2016, there will be a new offence of working in the UK illegally and the current criminal offence of knowingly hiring an illegal worker will be extended to…
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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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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…
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Indonesia: New ministerial regulation on requirements for employment expatriates
On 23 October 2015, the Ministry of Manpower issued a new ministerial regulation (No. 35 of 2015) which amends and clarifies certain requirements under Regulation 16 concerning the procedures to employ foreign workers in Indonesia. Regulation 35 relaxes some of…
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Key contacts
Alison Brown
Global Head of Practice (EPI)
+44 20 7466 2427
Emma Rohsler
Regional Head of Practice (EMEA)
+33 1 53 57 72 35
Miles Bastick
Regional Head of Practice (APAC)
+61 2 9225 5722
Andrew Taggart
Head of Employment (UK)
+44 20 7466 2434
Fatim Jumabhoy
Partner, Singapore
+65 68689822
Barbara Roth
Partner, New York
+1 917 542 7858