Employment and pensions

International Business Immigration Newsletter | November 2017

Published on 21st Nov 2017

Welcome to the latest edition of Osborne Clarke’s International Business Immigration Newsletter.

In this edition we focus on foreign employers posting workers in Belgium, The Spanish Golden visa scheme which became one of the most successful schemes in the EU, and employment of non-EU citizens in Germany.

We also take a look at the recent CJEU judgments in the Ryanair case and about the A1 form.

Finally, we continue monitoring the impact of Brexit, and include in this edition insights on how Brexit could affect EU nationals in the UK.

We hope you enjoy these articles. If you would like to discuss any of the topics raised, please contact one of our experts, whose contact details are below.

Belgium | Foreign employers posting employees to Belgium must appoint a liaison officer

With effect from 1 October 2017, foreign employers who post workers to Belgium are now required to appoint a liaison officer (an individual) in Belgium to act as a contact person with the Belgian labour inspectorate. Non-compliance is punishable by a criminal fine of EUR 400 – 4,000 or by an administrative fine of EUR 200 – 2,000.

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Belgium | CJEU rules that A1 social security form is binding towards all EU social security authorities or courts of the other Members States

On 27 April 2017, the Court of Justice of the European Union ruled that an that an A1 form (previously E101 certificate) is binding on all EU social security authorities or court which aims at facilitating the freedom of movements and services.

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Belgium | The Ryanair cases, the sequel

Following our previous update on this case, in a ruling dated 14 September 2017, the Court of Justice of the European Union confirmed that employees who are simultaneously occupied in two or more Member States may bring their claims before the labour courts of the Member State in which they perform the majority of their duties towards their employer. In circumstances where employees are members of an aircrew assigned to or employed by an airline, the concept of “place where the employee habitually carries out his work” cannot be equated with the definition of “home base” within the meaning of the relevant EU regulation.

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Germany | Temporary agency workers: the employment of non-EU citizens in Germany

In the last few years, banks and financial services companies in particular, but also IT companies, have been ramping up their use of contingent workers. This is related to the fact that many projects are temporary and don’t require the companies to build permanent core capability.

In Germany, the use of temporary agency workers follows the rules of the Act on Temporary Agency Work. Businesses and individuals need to ensure they know the rules around when non-EU citizens are permitted to work as temporary workers.


Spain | Spanish Golden Visa raised €2,157 million in 2016

The Spanish Golden Visa scheme, which came into force in 2013, has recently become one of the most successful, compared to similar visa schemes provided by other EU jurisdictions. Under the scheme, foreign citizens who make a significant capital investment can obtain a residence permit for a period of 2 years, which will be renewable every 5 years.

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UK | How could Brexit affect EU Nationals in the UK?

Since the UK government served its Article 50 notice in March 2017, the Home Office has provided assurances that EU nationals in the UK will not at this stage need to make any application to confirm their stay in the UK. This does not, however, mean that they will not need to do anything in relation to the UK’s full exit from the EU, currently due to be on 29 March 2019.

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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