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

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 … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

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 … Continue reading

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

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 … Continue reading

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

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

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, … Continue reading

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Filed under Data protection and privacy, Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

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)