Global employment rights when hiring overseas workers

Australia

Under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, employers, as of June 2023, have increased obligations to accommodate flexible working arrangements. The type of flexibility that can be requested depends on the work the employee performs but could include changes to start and finish times, the ability to work remotely, part-time work or job sharing, splitting shifts, and more.

News just in - In the UK watch out as the government has just announced that the right to request flexible working arrangements will move to a “day one right” from April 2024 – more on this to follow!

 

Philippines

In the UK, employers pay their employees for months which they have worked, so 12 months’ work means 12 months’ pay. In the Philippines, however, employees receive an additional 13th-month salary, which should be equal to one-twelfth of the basic salary earned by the employee within the calendar year. This is a mandatory benefit, although not all employees in the Philippines are entitled to this bonus; for example, those paid solely on a commission basis are exempt. Also, for lower rate taxpayers, month 13 is paid tax free! The idea behind the “13-month rule” was to protect lower income earners.

 

Luxembourg

Working overtime (beyond eight hours per day and 40 hours per week) in Luxembourg is only permitted if one obtains prior authorisation from the Ministre du Travail (Minister of Labour). The total daily working time cannot exceed ten hours per day (two hours of overtime per day). Waivers to the regulations on working hours are available for certain sectors, including agriculture, hospitality, and healthcare.  

 

Norway

There is no statutory minimum wage in Norway. Instead, wages can be determined through collective bargaining agreements between employer associations and labour unions across sectors of the economy. They usually fall within a negotiated national scale. According to research, a regular Norwegian worker who works around 1,700 hours every year, has an average hourly income is 323,5 NOK per hour (or £26).

 

Belgium

Employees can take a ‘career break’ for a determined time period (generally up to one year), during which they receive a paid state allowance. They can return to their previous position after this break.

 

Japan

And finally, in Japan, there is a law (“metabo”), which allows employers to measure the waistline of their employees. Yes, since 2008, every Japanese citizen between 40 and 74 years of age is required to meet specified waistline measurements each year. Those who fail to meet the target are offered counselling and incentives. Plus, businesses can be fined if their workforce does not meet the waistline grade!

 

Do you need legal advice?

If you have any questions about the legal issues or topics covered in this article, especially manager training, please contact Emma O'Connor at [email protected]. Alternatively, find out more on how our team of experts can assist with employment law matters.