International Employment and Mobility Law

The United States and China announced an agreement on November 10, 2014 whereby visitors to both countries will now be able to apply for 10-year multiple entry visas.  Previously visitors to both countries could only apply for visas for up to one year.  This was especially burdensome to frequent business travels.
Continue Reading U.S. and China Strike Visa Deal

On January 1, 2014, new dismissal rules under Belgian law took effect.  These changes will require a complete review of your company’s Belgian employment contracts and policies.  The following is a short summary of the main changes.
Continue Reading This Past Quarter’s Notable, International Employment Law Changes And What To Look For Down the Road: Belgium

By Brian Arbetter and Terese Connolly 

China has a new employment law. This new law significantly impacts an employer who does not directly employ its own workers, but instead uses agencies such as FESCO or third party staffing companies, also known as labor dispatching agencies. At the end of 2012, the Standing Committee of the National People’s Congress adopted the Decision on the Revision of the Labor Contract Law of the People’s Republic of China (“Amendment”). The Amendment will take effect July 1st of this year. The intent of the Amendment is to offer better protection to workers employed by labor dispatching agencies.

Labor dispatching is a common method of employment where a worker enters into an employment contract with a labor dispatch agency and is then dispatched to work in another company – commonly referred to as the “host company”. This type of employment arrangement has proved problematic because many of the dispatched workers are not paid wages commensurate with their work as compared to their direct hire, permanent employee counterparts. Additionally, the dispatched workers’ health and safety rights are not well protected. The Amendment tackles this problem by requiring employers to hire the majority of their workforce directly and by strictly controlling the number of dispatched laborers. Moreover, the Amendment clearly states that all employers shall stick to the principle of “equal pay for equal work”.Continue Reading China Enacts New Employment Law Affecting Employers Who Do Not Directly Employ Their Workers

By Brian Arbetter and Terese Connolly

Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs, increased flexibility in hiring and payment of wages, the addition of the concepts of diversity, nondiscrimination and anti-harassment, and parental leave rights.

Previously, companies entering Mexico would set up two entities, one of which would be used to outsource employment to avoid paying worker benefits, including avoiding Mexico’s mandatory 10% employee profiting sharing requirement. Now, among other requirements, employers may only outsource employees if the outsourced employees perform work of a specialized character. In other words, under the new FLL, companies will need to evaluate the way they are structured or risk paying all employees (outsourced or otherwise) all employment related liabilities (such as notice requirements, severance payments, profit-sharing and social security).Continue Reading Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know