The Latest News on ‘No-deal’ Brexit, Jobs Ban for H-4 Visa Spouses, Employees Rights and EMA Expats
The Netherlands; Brexit
Dutch might prefer ‘No-deal’ Brexit to further delay – minister
The certainty of being worse off can be better than ongoing uncertainty without any new prospect
The Dutch might prefer a ‘no-deal’ Brexit on Oct. 31 to continuing uncertainty about when and how Britain will leave the European Union, Foreign Trade Minister Sigrid Kaag said.
In Kaag’s opinion “There comes a point where the certainty of being worse off can be better than ongoing uncertainty without any new prospect”.
An erratic Brexit without a transition agreement to mitigate the economic shock could cost the Netherlands significant costs, as the UK is its third largest trading partner after Germany and Belgium.
On the other hand, according to Dutch statistics office, British investment in the Netherlands has more than quadrupled to 80 billion euros ($ 88 billion) since the British voted to leave the European Union in 2016.
USA
Jobs ban for H-4 visa spouses of H-1B holders in USA
Some U.S. workers would benefit from this proposed rule by having a better chance at obtaining jobs
Spouses of H-1B workers who are on their way to getting green cards are allowed to use their H-4 visas to work in the USA since 2015, when the administration of former President Barack Obama published a new rule, allowing them to be employed.
Since the end of 2017, the Ministry of Homeland Security has committed to revoke this permit. In an online notice last fall, the Department of Homeland Security announced a planned ban: “Some U.S. workers would benefit from this proposed rule by having a better chance at obtaining jobs that some of the population of the H-4 workers currently hold.”
This week, a Department of Justice lawyer wrote on behalf of Homeland Security to a federal appeals court hearing the challenge to the Obama-era work authorization. The letter noted that the White House’s Office of Information and Regulatory Affairs has held eight meetings with “interested parties” to discuss it.
Citizenship and Immigration Services, is continuing to work on the rule, and it remains under White House review, the letter said.
Details of the planned ban won’t become publicly available until the rule is published in the Federal Register, immigration-law firm Fragomen noted in a blog post.
Read more on www.mercurynews.com
Germany
Do employees have a right to half days’ leave in Germany?
Regional German labor courts have considered whether employees are entitled to half days’ leave and come to different conclusions.
Background
In the legal dispute, an employee had sued his employer for half a day’s leave. The plaintiff was granted half days’ leave in previous years. The average number of half days of leave granted was eight or ten per year. In August 2017, the employer unexpectedly informed the employee that it would not grant him more than six half days’ leave per year in the future. In his complaint before the Labor Court Heilbronn, the employee sought a ruling that the employer must grant him ten or at least eight half days’ leave with a notice period of one day per year.
One Court’s Decision
The Higher Labor Court Baden-Württemberg rejected the complaint and made it clear that the Federal Vacation Act did not establish any legal claim to half days’ (or other fractions of days’) leave.
The judges pointed out that according to the Federal Vacation Act, leave is to be granted sequentially. Exceptions can be made only when urgent company reasons or personal reasons relating to the employee make a division necessary.
Another Court’s Decision
In its judgment of September 21, 2015, the Higher Labor Court Hamburg had in principle confirmed the legality of such a claim by an employee.
Conclusion
As a result of diverging decisions by different higher labor courts, it remains unclear for employers whether they must fulfil an employee’s wish to be granted half days’ leave. This legal issue has not yet been clarified by the Federal Labor Court.
The Netherlands
Half of EMA expats chose Amsterdam as home
The EMA moved its offices from London to Amsterdam in March due to the approaching Brexit
Of the 514 European Medicines Agency (EMA) employees who have so far moved to the Netherlands, half have decided to live in Amsterdam. 256 of these expats now call Amsterdam home, and 258 decided to live in other parts of the country, according to data released by the municipality of Amsterdam.
The EMA moved its offices from London to Amsterdam in March due to the approaching Brexit.
Most of the EMA expats’ children are attending international schools. Only 26 were registered for local education at a nearby primary school.
A total of 772 EMA employees are expected to relocate to the Netherlands with or without family. According to the municipality, currently 192 expats are working on moving to the Netherlands. When or whether another 66 will be moved is not yet clear.
Brazil; Switzerland
Social security agreement between Brazil and Switzerland
On 1 October 2019, the Brazil – Switzerland Social Security Agreement (2014) will enter into force. The agreement generally applies from 1 October 2019.
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