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CELIA ALLIANCE
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August 2022
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CELIA Alliance Newsletter
for
International HR
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Welcome to the latest CELIA Alliance newsletter
The August edition of the CELIA International newsletter offers insightful and practical updates to those with corporate HR and legal responsibilities. It highlights key multidisciplinary issues including corporate immigration, legal, and tax developments across the home states of the Alliance’s member firms from May to July 2022.
The Alliance firm contributors share their
expertise
and analysis to help you stay on top of developments.
To keep up to date on international corporate HR and legal responsibilities with commentary from local experts, please follow Celia Alliance on LinkedIn.
Your suggestions, thoughts and comments on the articles are always welcome. As always do email us with your feedback.
We hope you enjoy reading the articles
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CELIA is an alliance of international law and
professional services firms offering a broad array of expertise dedicated to helping international
organizations make the most of their people. With established global relationships, Alliance members
can
assist wherever your people are situated.
To receive analysis and insights into
significant
international changes affecting HR internationally, please subscribe.
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ARTICLES
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China -
Clarifies Cross Border
China - China Clarifies Cross Border Data Transfer Rules
In November 2021, China introduced their core personal data protection regulations: the Personal Information Protection Law (PIPL). The PIPL applies to personal information, which is information that may be used to identify natural persons.
Article 73 of the PIPL uses the term “personal information processing entity” to refer to an “organisation or individual that independently determines the purposes and means for processing of personal information”. This is comparable to the Data Controller role recognised under the General Data Protection Regulation (GDPR).
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France -
Inbound Expatriate Regime
5 things foreign employers should know about the French inbound expatriate regime
The inbound expatriates tax regime as provided for by Article 155 B of the French
tax Code is one of the most efficient tax exemption mechanisms currently in force under French tax law. Beneficiaries of such regime who
transfer their tax residence to France are allowed to reduce their taxable professional income up to 50% (exemption of the impatriation
premium and of the remuneration for days worked abroad), and may benefit from a 50% rebate on their passive income. This, however, is
provided certain conditions are met.Here are 5 things foreign employers should know about this regime:
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France -
Employment Law
“The Macron scale” has been approved by the French Supreme Court.
After Emmanuel
Macron’s election in 2017, a scale of damages, also known as the “Macron scale” (“barème
Macron”), was introduced into French employment law.
The Macron scale provides that, in the case of unfair dismissal, an employee can only be
awarded between a given minimum and maximum amount of damages, which will vary dependant on
the size of the company and the employee’s seniority. The scale does not apply when the
dismissal
is void.
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Germany -
Employment Law
Employers to ensure written employment particulars are given of face fines
of up to EUR 2,000 per employee
In June 2022, a
new law is expected to be passed in Germany implementing the EU Directive 2019/1152 into
national law. The new law supplements existing German law which already provides for the
right of employees to a written record of the essential working conditions by introducing a
fine of up to EUR 2,000 per employee in the event that the employer does not provide the
specified written information.
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Italy -
Legal update
New Italian entry visa and work permit for digital nomads and remote
workers
The Italian Law
no. 25 of 28th March 2022 has introduced a new entry visa and work permit which allows
extra-EU citizens to enter and stay in Italy in order to carry out their working activity,
in remote work, from the Italian territory (“Digital Nomads Work Permit”).Both self-employed
individuals and employees of foreign companies, which are not established in Italy, can
apply
for the Digital Nomads Work Permit,
provided that the self-employed worker or the employee:
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Netherlands - Tax Relief
Dutch Government has announced its intention to limit tax relief on the
30%-ruling.
Dutch Government
has announced its intention to limit tax relief on the 30%-ruling.
The Dutch Government intends to introduce a maximum calculation base for the 30% tax free
allowance as from 2024,which will be based on the maximum remuneration for public officers
and officials (in 2022, this was set at EUR 216,000 p.a). The announcement also details a
transition period of three years for employees who already benefit from the ruling.
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Spain -
Work Permit
Spain - Fast-Track Work Permits For Audio-Visual Industry
For the Spanish
government, the audio-visual industry is of strategic importance to its economy because of
its global nature, its capacity to generate employment and its potential for modernization
through digitalization. To this end, the fast-track work permit for those employed in the
audio-visual sector has been introduced as a way of attracting investment.
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UK -
Right to Work
Right to Work Checks have changed from April 2022
In March 2020
Right to Work checks in the UK were temporarily adjusted due to the COVID-19 pandemic. This
was to make it easier for employers to carry out checks.
A business must conduct checks before employing someone. If a person’s right to work is also
time-limited,
a follow-up check shortly before it is due to come to an end should be conducted.
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CELIA
GLOBAL HR NEWS
Our News allows
you to search
all our articles on international law and tax issues - whether you are looking for specific
information or
just want to keep up
to date with developments in international HR. You can search by topic, country or date. It
also has links
to other sites across the world which we think you may find useful as well as details of
some upcoming
international HR
events.
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HOW WE CAN HELP
CELIA is an
alliance of
international professional services firms offering expert multi-disciplinary legal and tax
services
dedicated to helping
international organisations make the most of their people. See our brochures for full
details of our
multi-disciplinary services and how we can help you with your general international HR
needs, your
international assignment
programmes, or your move into new territories.
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CELIA Alliance members who have contributed to this newsletter are:
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For further information or if you have any queries relating to the content of this communication
please contact us.
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