Vietnam: Changes To Work Permit Regime Applicable To Foreign Employees

On 5 September 2013, the Government of Vietnam adopted Decree 102/2013 on the employment and management of foreign employees working in Vietnam. Decree 102/2013 takes effect from 1 November 2013 and replaces Decree 34/2008 dated 25 March 2008 (as amended by Decree 46/2011 dated 17 June 2011) on the same subject.

Decree 102/2013 contains some significant changes concerning the employment of foreigners and the requirement for work permits. Most notably, it introduces some additional administrative […]

By | October 10th, 2013 ||

Windsor & DOMA: Issues For Cross-Border Employers

On June 26, 2013, the U.S. Supreme Court ruled in U.S. v. Windsor that Section 3 of the Defense of Marriage Act (“DOMA”), which defined “marriage” as strictly between opposite-sex couples and “spouse” as referring only to a person of the opposite sex who is a husband or a wife, was unconstitutional.  Given that there are hundreds of federal statutes and regulations using and giving effect to terms such as “spouse,” “marriage,” and other similar terms, […]

By | October 4th, 2013 ||

Ireland: Objective Grounds Justifying Renewal Of Fixed Term Contract

Section 9 of the Protection of Employees (Fixed Term Workers Act) 2003 (hereinafter FTWA) provides inter alia that an employer cannot have two or more fixed term contracts where the aggregate duration is greater than four years unless there are objective grounds for the renewal. Otherwise it will be read as a contract of indefinite duration (CID). In order to constitute objective grounds it must be “based on considerations other than the status of the employee […]

By | October 1st, 2013 ||