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Cross Border Employer Blog

The UK government recently announced a new Job Support Scheme, which will replace the UK Coronavirus Job Retention Scheme (the “Furlough Scheme”) upon its expiration on October 31, 2020. The Furlough Scheme has been in place since March 2020 to help employers cover up to 80% of the wages for employees who would otherwise have been laid off, up to a maximum of £2,500 per month. 

With students across the country returning to remote or socially distanced schooling, many things are looking very different in 2020 – and immigration is no exception. Earlier this year, employers and visa-dependent employees eagerly awaited the first iteration of a pre-filing H-1B cap registration process. Rather than the usual process of submitting a full H-1B petition during the first week of April, the new registration process allowed employers to register their H-1B cap beneficiaries online with a $10 registration fee per employee. U.S. Citizenship & Immigration Services (USCIS) conducted a random lottery in late March and notified the lucky employers of their registration selections. These employers could then file H-1B cap petitions with USCIS between April and June.

A UK employment tribunal has decisively expanded years of ambiguity surrounding the definition of “gender-reassignment” in the Equality Act to include non-binary gender identities.

After months of closed borders, China is beginning to reopen to certain travelers from Europe. While recreational travel is still prohibited, some European employers may now be able to send their people to China. Read on for a summary of what employers and travelers need to know about China’s reopening.

Because of the prolonged COVID-related travel restrictions, an increasing number of employers are receiving requests from their employees to work remotely, sometimes from another state or even another country. It is not just a question of whether an employee’s work can be performed remotely. Before saying “yes,” an employer must consider the legal and tax implications of such an arrangement. This article outlines issues employers should consider when an employee is expected to temporarily work from another state or a foreign country.

In a landmark ruling, a Beijing court ruled in favor of a transgender employee against her employer, a Chinese e-commerce company, interpreting China’s anti-discrimination laws to include protection based on sexual orientation and gender expression. This is the first time that a transgender employee has won a job discrimination case in China, paving the way for more similar cases to be brought in the future.

In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers.

In June 2020, Hong Kong passed the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 (“Amendment”), amending the Sex Discrimination Ordinance (SDO), the Race Discrimination Ordinance (RDO), the Disability Discrimination Ordinance (DDO), and the Family Status Discrimination Ordinance (FSDO). Read more for a summary of the key changes and suggestions for employers.

In a major announcement on Thursday, July 9, the UK government outlined how the UK Coronavirus Job Retention Scheme will conclude. Also, the government has announced two new initiatives to prevent future unemployment and bring furloughed employees back to work.

In March 2020, Spain implemented an expediente de regulación temporal de empleo (ERTE) in Royal Decree-Law 8/2020 as a response to the COVID-19 pandemic. The ERTE is a scheme that allows companies to temporarily lay off staff or cut hours, while allowing these workers to obtain compensation. Under the scheme, employment contracts are not terminated but merely “suspended” on the grounds of force majeure.  

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