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

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

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 … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Remuneration (including bonus and incentive plans)

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 … Continue reading

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

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