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2024年9月5日
Work/Life – 14 / 117 观点
Work/Life - international employment news update
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Issue 104
Welcome to the latest edition of our international employment news update.
In this edition we look at:
- Uber fined GBP245 million over driver data failings.
- 10 pitfalls when hiring and firing a Managing Director in Germany.
- Foreign employees in France: new employer obligations.
- UK crackdown on illegal workers intensifies.
- UK shake-up to drive homegrown talent.
- Spain is the best country for remote workers.
- Domestic wages are catching up with Czech salaries.
- Recruitment consultant wins GBP12,000 after 'Avatar' comment.
- New Spanish law on equal representation of men and women.
Our strategic alliance with leading Spanish law firm ECIJA means clients looking to do business in Spain, Portugal and Latin America are supported by one of the best multidisciplinary law firms in the legal sector with a well-established reputation for innovation and success. Furthermore, this alliance enriches our newsletter as ECIJA regularly contributes insightful content, broadening our insight on legal matters.
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Uber fined GBP245 million over driver data failings
The Dutch Data Protection Authority has imposed a EUR290 million fine on Uber, citing that the ride-hailing company transferred personal details of European drivers to the United States without adequate protection measures in place. According to the watchdog, these data transfers occurred over a period exceeding two years and constituted a serious breach of GDPR. Although this case was initiated by complaints from 170 French Uber drivers, it was adjudicated by the Dutch authority since Uber’s European headquarters are located in the Netherlands. In response, Uber announced its intention to appeal against what it called a 'flawed' decision and an 'extraordinary' fine, deeming both as 'completely unjustified.'
10 pitfalls when hiring and firing a Managing Director in Germany
Navigating the complexities of hiring and firing a Managing Director in Germany can be challenging. This key role carries distinct legal and corporate implications, from structuring the right service agreement to ensuring compliance with tax and employment laws. Understanding these nuances is crucial to avoid potential pitfalls that could impact your business.
Foreign employees in France: new employer obligations
On 9 July 2024, a decree was issued to bring into effect the Immigration Law dated 26 January 2024. The law was established with the aim of 'better controlling immigration and improving integration' in France. This decree introduces additional conditions for issuing work permits to employers. Starting from 1 September 2024, employers found guilty of facilitating unauthorised entry or residence of foreign workers in France; offences against the human person; or engaging in forgery or use of forged documents will be prohibited from obtaining work permits for any foreign employees. Furthermore, this decree enforces an administrative fine introduced by the Immigration Law under which employers could face penalties up to EUR20,750 per unauthorised foreign worker employed or for utilising services from companies that employ unauthorised foreign workers.
UK crackdown on illegal workers intensifies
In a significant enforcement operation, immigration officers detained 75 workers during a week-long crackdown on businesses employing staff illegally. The Home Office reported that enforcement teams visited 225 businesses, resulting in 122 civil penalties related to illegal employment practices. Home Secretary Yvette Cooper stated: 'It is completely wrong that dodgy employers can work hand-in-glove with the smuggling gangs who risk people's lives.' Numerous targeted premises, particularly car washes, were discovered exploiting workers by keeping them in 'squalid' conditions and compensating them below the minimum wage. Businesses found employing illegal workers face fines of up to GBP45,000 per worker for first offences and GBP60,000 for repeat offenders. Stronger enforcement measures and a single enforcement agency for labour law compliance are expected to be announced in Autumn 2024.
UK shake-up to drive homegrown talent
Seema Malhotra, Minister of Immigration, has outlined the new UK Government's commitment to reforming the immigration system to prioritise domestic professionals, particularly in engineering and IT. 'The real challenge for the economy and the immigration system is to deal with the root cause compelling so many businesses to recruit internationally.' Malhotra argues the previous government neglected to enhance UK skills; she highlights that work visas for overseas recruits in engineering doubled while apprenticeships nearly halved. To mitigate this reliance on foreign labour, the Migration Advisory Committee is to explore potential measures such as increasing salary thresholds for overseas hires.
Spain is the best country for remote workers
A new report from Global Citizen Solutions, an advisory firm, has reviewed relocation programmes in 65 countries and ranks Spain as the best country for remote work. Spain's position can be attributed to several factors: a start-up law aimed at boosting its entrepreneurial ecosystem; zero taxation on foreign-earned income; affordability; high-speed internet availability; and an environment said to be conducive to technology and innovation.
Domestic wages are catching up with Czech salaries
Amidst economic challenges, Hungary is witnessing a notable increase in average gross wages, progressively narrowing the gap with those in the Czech Republic. Within the Visegrád countries - comprising Poland, the Czech Republic, Slovakia, and Hungary - Poland currently leads in terms of average gross wages. Slovakia remains at the lower end of these rankings.
Recruitment consultant wins GBP12,000 after 'Avatar' comment
Jasmine Fubara, a recruitment consultant, has been awarded GBP12,515 after experiencing racial harassment at Certus Recruitment Group. During an interview, a manager compared her braids to characters from the film Avatar, which she perceived as racially offensive. The employment tribunal determined that Certus fostered a 'toxic environment,' noting that Fubara endured additional derogatory comments such as being asked if she was listening to 'ghetto music.' Judge Mark Emery stated: 'We accept that the harassment was not deliberate, but there was a culture issue within [Certus] which caused [Fubara] distress throughout her employment.' Fubara represented herself during the case and lost other claims concerning disability discrimination and sick-pay deductions.
New Spanish law on equal representation of men and women
In August 2024, the Organic Law 2/2024 on equal representation and balanced presence of men and women was published. Aimed at fostering a more equal society, this legislation introduces modifications designed to ensure gender balance across various sectors. It implements the EU Directive 2022/2381 on improving gender balance amongst directors of listed companies and seeks to guarantee real and effective equality. Equal representation and a balanced presence is considered to be a situation in which persons of each gender do not exceed 60% and are not lower than 40% in a particular area. The Act is applicable to public entities and bodies, unions, employer’s associations, and professional associations/bodies.
