Protection of posted workers, self-employed and remote employees in Latvia

Legal news from bnt attorneys in CEE

New legal amendments in Latvia will ensure effective labour protection.

The Labour Protection Law has been substantially amended. The changes concern the safety and health protection of remote employees as well as of self-employed persons.

In the case of remote employment, a risk assessment of the work environment must be carried out for the type of work if carried out in different places; in turn, the employer does not have to check each workplace in person. Under the principle of integrity of privacy, visiting a home as a designated workplace is only allowed with the employee’s consent. The employee must cooperate with the employer in assessing the risks of the working environment.

In future the self-employed will have to follow the general principles of labour protection, as far as this is consistent with the nature of the work to be carried out.

Read the complete article here. 

An article from BEITEN BURKHARDT

The coronavirus continues to spread and more and more companies are affected. To ensure that you are well prepared for the questions of your employees and that the company gets through the next weeks and months safely, the most important topics will be dealt with here. After all, information and the right communication are the best means against uncertainty among employees.

Read the complete article here. 

An update from bnt attorneys in CEE

Which of the prepared measures would be most significant for employers?

In connection with the current situation in Slovakia we bring you an overview of the prepared governmental measures to mitigate the economic impact of the COVID-19 pandemic on entrepreneurs and their employees. Below is a brief overview of the measures that would be most significant for employers.

1. Exemption of wages from social and health contributions and from income tax

The exemption of wages from social and health contributions and from income tax for employees who cannot work because of government measures. The measure is aimed at employers who have had to close down their businesses or have lost orders due to the government's decision.

Read the complete update here. 

An article from Brand & Partner

28 January 2020, the new edition of the Labour Code came into force in Belarus. The Labour Code has been subjected to many changes and amendments. Let us address the most important ones.

Hiring

1. There have been added extra requirements that regulate employment agreements.

Now each page of an employment agreement and annexes to it must be numbered and signed by the parties. Previously, an employment agreement was only to be made in writing in two original copies and signed by both parties.

2. The time period for documenting the act of hiring has been shortened.

The actual authorization for work must be documented no later than on the day following the day of authorization for work. In other words, an employment agreement must be signed and a CEO hiring order must be issued within this time period.

Previously, this period used to be three days following the employee's request for documenting the act of employment.

Read the complete article here

A special edition of the China Briefing magazine by Dezan Shira & Associates

Businesses across China were disrupted early this year due to the novel Covid-19 outbreak. The nature of this outbreak has led to some fast-thinking on the part of business organizations throughout the world – who have had to balance the quarantine conditions imposed with the need to resume normal work processes and await resumption of supplies. In this special edition of China Briefing magazine, we identify key concerns for business managers during such crises, including: 

• managing a remote workforce,
• using IT solutions to navigate business operations more efficiently and securely,
• addressing the legal risks in case contractual obligations are not satisfied.

Get your copy here. 

A special update from Dezan Shira & Associates

• Vietnam on March 9 suspended the visa waiver program for 8 additional countries: Denmark, Norway, Finland, Sweden, the UK, Germany, France, and Spain amid growing concerns of the COVID-19 outbreak.
• Beginning March 3, Italian nationals will no longer be granted visa-free entry into Vietnam in response to the COVID-19 outbreak. In addition, ethnic Vietnamese from South Korean and Italy will longer be granted visa-free entry from March 8.
• Vietnam’s labor ministry announced that it will stop issuing new work permits to foreigners who come from areas hit by COVID-19.
• Vietnam stopped issuing visas for Chinese tourists on January 30 as a temporary measure. Foreign visitors who have visited mainland China (including transit) in the past 14 days from arrival will also be denied entry into Vietnam.

Read the complete update here. 

ASEAN briefing is produced by Dezan Shira & Associates

• In January 2020, Singapore launched the Tech@SG program, which helps local tech companies recruit highly-skilled foreign talents.
• Companies that qualify are eligible to receive up to 10 new Employment Passes (EPs), valid for two years.
• Companies must pass the eligibility criteria, such as digital or technology-based products or services as part of their core business.
• Foreign workers must also pass the eligibility criteria, which includes having a salary of SG3,600 (US$2,590).

In January 2020, Singapore’s government launched the Tech@SG program, which aims to help Singapore-based technology companies recruit highly-skilled foreign talent, and expand in the region.

Read the complete article here. 

China Briefing is produced by Dezan Shira & Associates

Questions for HR related to the coronavirus outbreak

Q1. If an employee is infected with the novel coronavirus pneumonia, does the company have the right to terminate the labor relationship with the employee?

According to Article 42 of the PRC Labor Contract Law, “Under any of the following circumstances, the employer shall not terminate a labor contract pursuant to the provisions of Article 40 and Article 41…during the stipulated medical treatment period of an employee suffering from illness or non-work-related injury.”

Article 40 clarifies three circumstances where the company is able to terminate the employee who does not commit a breach of internal rules and policies. Article 41 stipulates details concerning economic redundancy. Therefore, if your employee is infected with the novel coronavirus pneumonia and he/she is either at home or in hospital, by law they are classed as being under medical treatment, and the company is unable to terminate the labor relationship with this employee.

Read the complete article here. 

A briefing by Dezan Shira & Associates

This publication, designed to introduce the fundamentals of investing in Singapore, was compiled by the experts at Dezan Shira & Associates, a specialist foreign direct investment practice, providing corporate establishment, business intelligence, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in emerging Asia.

Doing Business in Singapore 2020 covers the following:

• Corporate establishment;
• Tax and Accounting; and
• Human Resources and Payroll.

Read the complete briefing here. 

Newsletter India from Roedl & Partner

1.     Payment of Wages Act, 1936 now applies to all shops and commercial establishments in the state of Karnataka. This implies that employers must now meet all compliances prescribed under the Payment of Wages Act including timely payment of wages, fixing of wage-periods and so on. Non-compliances may result in penal consequences.

2.     The Bombay High Court has clarified that not every director of a company shall be held criminally liable for alleged violations resulting from non-compliances under the Bombay Shop and Establishments Act, 1948.

Read the complete update here. 

News Updates from CT Executive Search 

Make in India is the name of the programme launched by the Indian government, whose aim is to facilitate investment, foster innovation, enhance skill development, protect intellectual property and build the best in class manufacturing infrastructure in the country.

This was also the theme of the roundtable that was hosted by Hunt Partners in November, 2019. Christian Tegethoff, Managing Director, CT Executive Search was one of the corporate leaders who led the discussion at the roundtable. Mr. Tegethoff shed more light on how German corporations ensure sustainability of talent. Employee-centric policies were among the strategies mentioned with regard to talent retention. Corporate leaders present at the roundtable also discussed opportunities and drawbacks related to talent recruitment, development, and retention in India. In the end, everyone agreed that India offers a wealth of opportunities to both foreign and local companies looking to do business there.

Read the complete update from Hunt Partners here.

An article by bnt attorneys in CEE

As of 2020 more inspections and tougher penalties are expected.

An announcement by the Ministry of Finance in November revealed that from 2020 Hungarian companies can expect intensified tax inspection.

Increased control will affect companies which employ staff under self-employed status instead of an employment relationship, harming both the employee (less pension) and the central budget (unpaid tax and contributions). These false contracts of employment will be sanctioned with a mandatory fine as detailed below.

At the same time, changes are also expected in labour inspections. According to the draft act on the website of the parliament, the labour authority’s powers are to be extended. This means that inspectors would be allowed to watch and copy video tapes found in the workplace and data about people entering and leaving.

Read the complete article here. 

Vietnam Briefing is produced by Dezan Shira & Associates

One of Vietnam’s advantages making it a preferred destination for investors is its competitive minimum wages as compared to other countries in the region.

This is despite Vietnam increasing its minimum wage rates every year. This year Vietnam increased its minimum wage by an average of 5.7 percent. The new rates came into effect in January and range from US$132 to US$190 depending on the region.

Read the complete article here. 

Interview with Suresh Raina, Partner, Hunt Partners

Which specifics define the Indian market? What are the implications for managing businesses in India?

To succeed in India one has to have a long-term view, in face of multiple local challenges such as regulatory bottlenecks, fluctuating demand, and many times even degrowth as we are witnessing presently. Companies often fall victim to short rotation cycles that inhibit the execution of long-term strategy.

India being a large country, geographically dispersed, diverse teams make it difficult to standardise processes and hence supervision and control are harder to achieve. An important point to note as a call for localizing the processes to suit India is that companies who have built India-specific strategies have responded to business opportunities in India more quickly and successfully in comparison with their global counterparts.

Read the complete interview here.

Article by Christian Tegethoff, Managing Director CT Executive Search

With its population of more than 1.3 billion, India is an important export market for many European companies in the investment and consumer goods sectors. At the same time, the country is developing into a production hub where international companies produce both for the domestic and global markets.

In view of the slowdown in economic growth of 5% (first half of 2019), which is still remarkable compared to the rest of the world, India offers opportunities in a wide variety of areas.

Read the complete article here. 

Article by bnt attorneys in CEE

Invalid agreements of GmbH managing directors are treated according to the principles of defective employment relationships.

When concluding a managing director contract, it may happen that the contract is not effectively concluded. The most common reason for this is probably the representation of the company by a person not entitled to do so. But also violations of a legal prohibition, the immoral nature of the agreement or a challenge, e.g. due to fraudulent deception by the managing director, can lead to the nullity or retroactive cancellation of the employment contract.

Read the complete article here.

Interview with Norman Dentel, CEO, Würth Industrial Services India

How important do you think India is for the global market and particularly for European companies?

India is one of the largest growth markets, and maybe even the largest growth market worldwide. I believe that relationships with international partners will continue to grow in importance for European companies. I even dare to say that European companies without activities in China or India will eventually become obsolete.

Globalization requires growth from every company. If companies do not grow and the margins fail to materialize, shrinkage will set in. Eventually, such companies disappear from the scene. From an economic perspective, this can lead to a conflagration. Unemployment leads to a decline in purchasing power - as a result, more and more companies have problems selling their products.

Read the complete interview here. 

Interview with Rahul Oza, Partner and Branch Manager, Rödl & Partner

India is considered a bureaucratic country with a complicated legal framework. What should companies that want to enter the Indian market consider from a legal perspective?

The market entry requires some preliminary considerations regarding the legal structure. The liaison office, the project office, the branch office, an LLP or a private limited company are usually suitable for foreign companies. All market entry options have different legal and tax implications, which should be carefully examined to avoid negative consequences and liability, for example within the framework of India’s strict permanent establishment policy.

The incorporation of foreign companies in India is generally a formal procedure, which requires a lot of documentation. This is in particular due to the fact that Germany opposed India’s accession to the 1961 Hague Apostille Convention and India was not recognized as a signatory state.

Read the complete interview here. 

An article by Expatriant

It is 2020, and that means many people have made resolutions to change their careers and there is no better time to think about looking internationally for your next job. Working abroad is one of the best career moves for any profession, but some professions are better suited for working internationally. Many people think that finding a job abroad is difficult, or that without knowing the local language you stand little chance of finding a job. It is 2020, and the world is more international than ever before. There are opportunities everywhere, it simply depends on how hard you are willing to look. That being said, careers in education, hospitality,  tourism, nursing, non-profit, business, finance, marketing, and software development are especially well suited to an international career move. Here is an in-depth look at the top expat careers in 2020. 

Read the complete article here. 

ASEAN briefing is produced by Dezan Shira & Associates

• Myanmar has extended visa on arrival access to Austria, Hungary, New Zealand, Czech Republic, and Luxemburg.
• Visitors unable to obtain a visa on arrival can acquire an eVisa, which can be approved within three working days.
• Despite the recent visa extensions, Myanmar is still prioritizing Chinese tourists as it increases its diplomatic ties with China.

As of January 1, 2020, the Ministry of Labor, Immigration and Population have extended the visa-on-arrival (VoA) access to five new countries.

This program will run for a three-year trial period and is part of the government’s Tourism Master Plan, which aims to maximize the tourism industry’s contribution to the national economy.

The new countries included in the list are Austria, Hungary, New Zealand, Czech Republic, and Luxemburg. Myanmar has already extended VoA access to nationals of Australia, Germany, Italy, Russia, Spain, and Switzerland, in October 2019, for a one-year trial period.

Read the complete article here. 

India Briefing is produced by Dezan Shira & Associates

• India’s tier-2 cities are developing rapidly and are home to several industrial clusters and startup hubs, particularly in the IT, manufacturing, and export sectors.
• Termed as the “reversal of talent movement”, many urban professionals in India are relocating to tier-2 cities to seek better career opportunities, benefit from lower living costs, and now – access cleaner air.
• Several multinational companies, including HCL, Infosys, Wipro, and Ericsson have expanded their operations in tier-2 cities due to the availability of talent, infrastructure, cheaper real estate, and low cost of setting up.

Tier-2 cities have emerged as a strong base for industrial clusters and startup incubators in India, leading to the emergence of new IT and manufacturing hubs.

Many multinational companies (MNCs) have expanded their operations to these cities due to the increasing availability of talent, low cost of setting up, competitive wage rates, affordable real estate, and lower operational costs.

Further, it is important to note that Indian cities are classified into tiers – tier-1, 2, and 3 – based on their population size, and this may not necessarily indicate their level of economic development.

Read the complete article here. 

An article by Expatriant

According to Owl Lab’s 2019 state of remote work, IT has the highest percentage of remote workers relative to its share of the total workforce. It makes perfect sense that this is the case. Because it is through the power of the internet, and the innovative products developed by the IT industry that enable remote work.

But, if you look at the other industries with the largest relative proportion of remote workers from the study, they are as follows: Customer support (service or success), sales and marketing.

Now you may be thinking, what makes a job a good candidate for moving remote?  Let’s take a look. Flexjob’s post titled “5 Criteria for Turning Office Jobs into Remote Jobs” states that for a job to be a good candidate for going remote it should ensure that the team does not need to be together physically, the technology for enabling them to go remote exists, or the absence of a particular team does not impact other departments.  Having only the required employees in the office saves $11,000 per employee on average.

Read the complete article here. 

ASEAN briefing is produced by Dezan Shira & Associates

• Malaysia adopts a territorial principle of taxation, meaning only incomes which are earned in Malaysia are taxable.
• Expatriates working in Malaysia for more than 60 days but less than 182 days are considered non-tax residents and are subject to a tax rate of 30 percent.
• Foreign workers should seek help from registered local tax advisors to better understand their tax liabilities.

Malaysia uses both progressive and flat rates for personal income tax (PIT), depending on an individual’s duration and type of work in the country. As expatriates may fall into either tax category, it is important to understand Malaysia’s basic tax structure.

The Income Tax Act of 1967 structures personal income taxation in Malaysia, while the government’s annual budget can change the rates and variables for an individual’s taxation.

Read the complete article here.

Vietnam Briefing is produced by Dezan Shira & Associates

• In 2019, the Total Workforce Index (TWI) ranked Vietnam’s labor force 57th out of 76 for regulation, skills availability, cost efficiency, and productivity.
• The report highlighted three deficiencies: low English proficiency, low minimum wages and widening gender pay gap.
• While improvements have been made, more will need to be done as Vietnam becomes more integrated into the global economy.

In the latest 2019 Total Workforce Index (TWI) report by ManpowerGroup, Vietnam ranked 57th out of 76, a slip from its 43rd ranking in 2018. The index evaluates 100 factors in four key categories including regulation, skills availability, cost efficiency, and productivity. The report highlights three major challenges in Vietnam’s labor force: low English proficiency, low wages, and a widening gender pay gap.

Read the complete article here.

India Briefing is produced by Dezan Shira & Associates

India has seen some significant changes in its human resources (HR) industry over the last five years.

New priorities have included creating a diverse workforce, establishing gender parity and pay equality, providing mentorship, and assuring safety at the workplace.

Moreover, companies and start-up enterprises alike now view hiring in more holistic terms while job seekers choose their employers based on a wider criterion than salary growth, particularly in the initial stages of their career.

Also, as India enters 2020 amid an ongoing economic slowdown, HR departments across its corporate landscape will be expected to ensure the most efficient utilization of resources through increasing reliance on technology for recruitment, onboarding, and performance management.

Read the complete article here.