Tag Archives: outsourcing

UK: Collective bargaining – no obligation on ‘de facto’ employer; risks of direct negotiation with employees

In Independent Workers Union of Great Britain v University of London the Central Arbitration Committee has decided that a union representing employees of an outsourcing company was not entitled to collectively bargain directly with the university to whom their services … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK

Asia: The Role of Unions

Unions are becoming increasingly prevalent across Asia. Here we take a look at which aspects of the employment relationship unions may be involved in Singapore, Hong Kong, the People's Republic of China, Thailand, Indonesia, South Korea and Japan.

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia

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% … Continue reading

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Filed under Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK

Thailand: Outsourced workers’ protection

Sub-contracting arrangements have often been favoured by business operators in Thailand to address fluctuating workforce needs and reduce labour costs. In 2008, following a string of complaints by outsourced workers alleging exploitation at the hands of business operators, a new … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia

Indonesia: Update on outsourcing

In our April e-bulletin, we provided an update on recent regulatory developments in Indonesia that limit outsourcing by companies by restricting the occupations in which outsourcing may be implemented. Here we consider how Ministry of Manpower Regulation 19 of 2012 (Regulation … Continue reading

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Filed under Jurisdiction: Asia

UK: TUPE – Government plans for reform and the impact on outsourcings

One of the key issues on any outsourcing is what happens to the employees involved in the service.  The answer will be determined largely by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).  Government plans to reform TUPE … Continue reading

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Filed under Business sales/transfers, Jurisdiction: UK

Indonesia: Update on outsourcing

A recent regulation issued and enacted by the Minister of Manpower provides some clarification on when outsourcing activities may be implemented and requires outsourcing companies in certain circumstances to guarantee continuity of work for fixed term outsourced employees.

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Filed under Jurisdiction: Asia

Case law developments on outsourcing and contract labour in Indonesia and Korea

The ability to use atypical workers through outsourcing or labour hire as a device for employers to avoid employment costs and liabilities is becoming more limited in Asia through increased regulation and also through case law developments. In Indonesia, outsourcing … Continue reading

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