Legislation & Compliance Archives | Novative https://www.novative.com/en/category/legislation-compliance/ Global HR & Payroll Solutions Tue, 19 Jan 2021 11:22:42 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.1 https://www.novative.com/wp-content/uploads/2018/10/A_novative.png Legislation & Compliance Archives | Novative https://www.novative.com/en/category/legislation-compliance/ 32 32 USA Employment Law 2021 Updates & Changes | Novative https://www.novative.com/en/usa-employment-law-2021-updates-changes-novative/ https://www.novative.com/en/usa-employment-law-2021-updates-changes-novative/#comments Tue, 19 Jan 2021 11:06:27 +0000 https://www.novative.com/?p=17494 The post USA Employment Law 2021 Updates & Changes | Novative appeared first on Novative.

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USA Employment Legislation Update 2021

The new calendar year brings new employment law updates and changes. In 2021 many states enacted these changes; employee leave policies. Policies ended or extended because of the COVID-19 pandemic. Some states put in place steps to improve diversity in the workplace.

Here is a roundup of some changes.

Federal employment law changes in 2021

Here are three federal employment laws that may affect your company.

  • Mandated Federal minimum wage remains at $7.25/hr. However, check State legislation for Minimum wage increases in states where you have employees.
  • 2021 W-2 form changes for security. Employers now have the option to display the last four digits of the employee’s social security number. This is to try and reduce identity theft.
  • Due to the COVID-19 Pandemic The Equal Employment Opportunity Commission (EEOC) was postponed. EEOC has announced that the data collections are now on schedule to open in 2021.

What States are raising the Minimum Wage in 2021?

25 states are raising their minimum wage in 2021. These states are Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Illinois, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, South Dakota, Vermont, Virginia and Washington.

In most of these states, the minimum wage will rise on January 1, 2021. However, in Connecticut, Florida, Nevada, Oregon and Virginia, the rise will occur later in the year. Minimum Wage Rates by State 2021.

Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act signed on the 27th of December 2020. The legislation provides further relief for those hit economically by COVID-19.

Qualified Leave Tax Credits Extended

As of January 1, 2021, certain US employees will no longer be able to take advantage of expanded paid leave benefits. Which was placed by the Family First Coronavirus Response Act (FFCRA). A federal law enacted in response to the COVID-19 pandemic and expired December 31, 2020. The full FFCRA law was not extended into 2021. However, employers have the option to elect to continue allowing employees to take unused FFCRA paid sick and family leave. They receive the federal tax credit through 31st March 2021.

Employee Retention Credit Extended and Expanded

The Employee Retention Credit under the CARES Act encouraged businesses to keep employees on their payroll. The refundable tax credit was 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19. The Consolidated Appropriations Act, 2021 extends and expands the availability of the CARES Act employee retention tax credit through June 30, 2021. However, certain provisions of the Act apply only after December 31, 2020.

Repayment Period for Deferred Employee Social Security Tax Extended

Employers could defer Social Security withholding for employees share of social security tax on wages paid September 1st 2020 to December 31st 2020 with language to be paid back by April 20th 2021. However, this has now been extended to December 31st, 2021.

 

USA employmemt law 2021

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UK Employment Legislation Update 2021 https://www.novative.com/en/uk-employment-legislation-2021/ https://www.novative.com/en/uk-employment-legislation-2021/#respond Tue, 05 Jan 2021 14:59:39 +0000 https://www.novative.com/?p=16117 The post UK Employment Legislation Update 2021 appeared first on Novative.

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UK Employment Legislation 2021 | What is in Store for 2021?

 
Here is a round-up of UK employment legislation 2021 developments.
 

New Immigration Law Enforced

Effective 1st January 2021
 
From the 1st January 2021, arrangements under the new immigration system take effect. They now apply equally to EU and non-EU citizens. Click here for further details.
 

National Living Wage and National Living Wage Increase

Effective 1st April 2021
 
The National Living Wage (NLW) rises to £8.91. This is inline with the Chancellor’s autumn statement on 25th November 2020. The age at which workers become entitled to the NLW also drops by two years to 23.
 
For a full breakdown of the rates, Statutory Rates.
 

Extension of IR35 to the Private Sector

Effective 6th April 2021
 
The IR35 rules prevent contractors working through Personal Service Companies (PCS). IR35 rules are to prevent contractors performing similar roles to permanent employees, but paying less tax and NICs. In 2000, contractors themselves assessed whether IR35 applied to them. In April 2017, it switched to the employer’s responsibility in the public sector. Those organisations became liable for deducting the right amount of tax and NICs from fees paid to the contractors’ PSCs.
 
From 6 April 2021, this responsibility applies to all private sector employers that in a tax year have:
 
  • more than 50 employees
  • an annual turnover over £10.2 million
  • a balance sheet worth over £5.1 million.
 
The extension of the rules to the private sector was due to take effect from 6th April 2020 but delayed due to the COVID-19 crisis.
 
New guidance from HMRC:
 

Extending Pregnancy Protection from Redundancy

Date TBC
 
An employee that is on maternity leave, adoption or shared parent leave now has new rights in threatened with redundancy. These employees now have the right to an offer of a suitable alternative vacancy if possible.
 
The government is proposing to extend this protection to:
  • Pregnant employees when they have told their employers
  • employees returning from maternity or adoption leave within the previous six months
  • parents returning from shared parental leave.

 

Do you struggle to keep up-to-date with legislative developments and worry about compliance?

Outsourcing your HR and Payroll could be a good option for your company.
Our team of HR and Payroll experts will ensure your company is compliant at all times.

UK Employment Legislation

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Novative Achieves ISO 27001 Accreditation https://www.novative.com/en/novative-achieves-iso-27001-accreditation/ Wed, 01 Apr 2020 12:39:25 +0000 https://www.novative.com/?p=9591 ISO 27001 Accreditation Novative have been successfully ISO 20022 accredited for sometime. ISO 20022 is a single standardisation approach (methodology, process, repository) to be used by all financial standards initiatives. We are now delighted to announce we have achieved ISO 27001.   What is ISO 27001? ISO/IEC 27001:2013 specifies the requirements for establishing, implementing, maintaining…

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ISO 27001 Accreditation

Novative have been successfully ISO 20022 accredited for sometime. ISO 20022 is a single standardisation approach (methodology, process, repository) to be used by all financial standards initiatives.

We are now delighted to announce we have achieved ISO 27001.

 

What is ISO 27001?

ISO/IEC 27001:2013 specifies the requirements for establishing, implementing, maintaining and continually improving an information security management system. Within the context of the organization. It also includes requirements for the assessment and treatment of information security risks tailored to the needs of the organization. The requirements set out in ISO/IEC 27001:2013 are generic and are intended to be applicable to all organizations, regardless of type, size or nature.

 

What Does This Mean For Novative?iso27001

For Novative as a business, the certification means it allows us to guarantee our people, clients and business partners, with the assurance that we are managing the security of information to industry best-practice standards.

 

 

 

 

“This is a huge achievement for the Novative team. Information security has always been of the utmost importance to us, especially in our industry and for our clients. This certification cements our commitment to providing the best possible security for information. A massive congratulations to the Novative team and everyone involved.”

Khaled Sassi CEO

 

This is a great achievement for Novative and moving forwards provides our clients with peace of mind we are using best-practice when it comes to data security.

To find out more please head here.

 

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UK Employment Legislation Update 2020 https://www.novative.com/en/uk-employment-legislation-update-2020/ Wed, 08 Jan 2020 12:40:24 +0000 https://www.novative.com/?p=9112 UK Employment Legislation | What is in Store for 2020?   Here is a round-up of some of the UK employment legislation developments for 2020.   Good Work Plan: Amendments to Agency Workers Rules Effective: April 6th 2020   The ‘Good Work Plan’ was published in December 2018. The Government committed to abolishing a rule…

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UK Employment Legislation | What is in Store for 2020?

 
Here is a round-up of some of the UK employment legislation developments for 2020.
 

Good Work Plan: Amendments to Agency Workers Rules

Effective: April 6th 2020
 
The ‘Good Work Plan’ was published in December 2018. The Government committed to abolishing a rule known as the ‘Swedish Derogation’. Which governed the use of agency workers.
The ‘Swedish Derogation’ allowed agencies to opt-out of equalising the pay of the agency staff with the permanent workforce when they had been with the same employer for more than 12 weeks, provided they paid the agency workers between assignments.
 
From the 6th April 2020, the ‘Swedish Derogation’ will be removed. Agency workers who have achieved the 12-week qualifying period will be entitled to equal pay to workers who are employed directly by the employer Agency workers who currently have the ‘Swedish Derogation’ in their contract must be provided with written notification by the agency that it will no longer affect. This needs to be done on or before the 30th April 2020.

 

New Right to a Written Statement of Terms

Effective: April 6th 2020
 
From the 6th April 2020 ‘written particulars‘ (on basic employment terms and conditions) will be entitled to include workers as well as employees. This will need to be made available from day one of employment (see Part 3 of Employment Rights (Miscellaneous Amendments) Regulations 2019).
 
Currently, employers have up to two months to issue the statement to any employee working for them for more than a month.
 

Holiday Pay Reference Period Adjustment

Effective: April 6th 2020
 
The holiday pay reference period will increase from 12 weeks to 52 weeks from 6th April 2020. The reform is intended to improve the holiday pay for seasonal workers, who tend to lose out over the way it is currently calculated.
 

Tax on Termination Payments

Effective: April 6th 2020
 
Termination payments over the sum of £30,000 will be subject to employer NIC’s this is due to become law on this date, which was delayed from April 2018.
 

IR35 Rules for Private Sector

Effective: April 6th 2020
 
In the October Budget in 2018, former Chancellor Philip Hammond announced the IR35 tax rules will be extended to the private sector from April 2020.
 
IR35 rules are aimed at reducing tax avoidance for off-payroll contractors working through personal service companies (PSC)
 
The rules are aimed at reducing tax avoidance for off-payroll contractors working through personal service companies (PSC). From 6th April 2020, the new rules will apply to private sector businesses with an annual turnover of over £10.2 million or 50 or more employees.
 
HMRC has issued guidance on the new rules, Prepare for changes to the off-payroll working rules (IR35), and draft regulations and further consultation on 11th July 2019.
 
With the Government concentrating on Brexit this year the employment legislation changes are on the back burner. It is clear that once Brexit has taken place a lot of new legislations and changes will take place.
 
If you struggle to keep up-to-date with keeping a legislative eye and worry about compliance, outsourcing your HR and Payroll could be a good option for your company. Our team of HR and Payroll experts will ensure your company is compliant at all times. This is across the globe.

 

 

Feeling Inspired? Learn More

 

 

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New Legislation UK: Improving Management of Employees on Variable Hours https://www.novative.com/en/new-legislation-ivariable-hours-employees/ Mon, 09 Sep 2019 10:24:43 +0000 https://www.novative.com/?p=8552 Ensuring Stability for Atypical Workers New measures are to be introduced by the Government to combat one-sided flexibility and support employees who work variable hours. The new legislation will require employers to put more planning into how they use variable working arrangements. It outlined that all employees will have the right to switch to more…

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Ensuring Stability for Atypical Workers

New measures are to be introduced by the Government to combat one-sided flexibility and support employees who work variable hours. The new legislation will require employers to put more planning into how they use variable working arrangements. It outlined that all employees will have the right to switch to more predictable working patterns.

The Government was also seeking the views from employers on the introduction of reasonable notice of work schedules and compensation when shifts are cancelled without such notice.

These new measures are designed to ensure employees have more stability in their working arrangements when working variable shift patterns.

Research carried out by the CIPD stated that 17% of employers with low paid employees with flexible hours, provided employees with no more than a day’s notice before their shifts. The CIPD also reported that their research on zero-hours contracts showed that most employees were satisfied with their working arrangements. Although 40% said, they received no notice when work was cancelled.
The consultation asks employers what they would define as reasonable notice of work schedules as well as the likely impact a right to a reasonable notice would have on their operations.

It also seeks opinions on if the right to reasonable notice of work schedules should be guaranteed from the start of employment. Or if a certain amount of time should be worked before someone is eligible.

Compensation for Cancelled Shifts

On the issue of compensation for cancelled shifts at short notice, the consultation wanted opinions on what would be viewed as a fair amount of compensation and put forward three suggestions:

• The value of the shift in question
• The ‘worker’s appropriate NMW rate multiplied by their scheduled number of hours that have been cancelled
• A multiple of the ‘worker’s appropriate NMW rate – and if so, what multiple?

One clear thing, employers with atypical employees, will need to put more planning into how they manage their schedules. They will also need proper communication tools to make employees aware of schedules and changes.

NOVA Smart workforce planning software will ensure your company achieves this.

Key Benefits of Workforce Scheduling Software:

• A robust and comprehensive tool that enables you to manage all your workforce planning requirements
• Complete coverage for your businesses rules, policies and regulations
• Help with compliance with employment laws
• Allocation of staff by floor, department or location
• Quick replacement of staff, due to absence
• No repetition of scheduling with automated processes
• Clear overview of staff holidays and absences
• Control of labour costs
• Seamless integration with your existing HR software
• User-friendly interface

We would love to tell you more, so please contact us at info@novative.com or call 0117 959 5311

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Your Payroll and IR35 – Are You Prepared? https://www.novative.com/en/your-payroll-and-ir35/ Mon, 17 Jun 2019 14:28:22 +0000 https://www.novative.com/?p=7953 IR35 is a tax legislation in the UK designed to expose ‘disguised employees’. Disguised Employees are those deemed by Her Majesty’s Revenue and Customs (HMRC) as contractors using a limited company, and if were it not for their limited company intermediary, they would otherwise be employed by their client. IR35 means if caught, they must…

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IR35 is a tax legislation in the UK designed to expose ‘disguised employees’. Disguised Employees are those deemed by Her Majesty’s Revenue and Customs (HMRC) as contractors using a limited company, and if were it not for their limited company intermediary, they would otherwise be employed by their client.

IR35 means if caught, they must pay income tax and National Insurance Contributions (NICs) as if they were employed. The financial impact of IR35 is significant. It can reduce the worker’s net income by up to 25%, costing the typical limited company contractor thousands of pounds in additional income tax and NICs.

There are 900,000 one man/women Limited Companies in the UK; the *Gobal Payrol Association predicts that by 2022/2023 around £1 Billion in taxes and NIC would be lost.

The IR35 was announced in 2000 but has been heavily criticised by tax experts and businesses as it has been seen to be poorly implemented and potentially cause stress on legitimate small businesses.

What is IR35?

IR35 is a tax law, correctly known as the Intermediaries Legislation and came into force in April 2000 as part of the Finance Act. IR35 is named after a press release published by the then Inland Revenue (now HMRC) announcing its creation.

The income tax element of the Intermediaries Legislation has subsequently been integrated into the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), and the NICs element into the Social Security Contributions (Intermediaries) Regulations 2000.

IR35 definitions

What to do if you feel your contractors might be affected

It is always best to seek expert advice, but there is a tool online that you can use to identify if your contractors will be affected – Check employment status for tax tool (CEST).

If you think that IR35 will apply it is essential, you communicate this with the contractor and discuss the next steps.

If IR35 does apply, then the legislation makes provision for paying that extra income tax and NICs.

For future contractors where IR35 applies it is highly advisable to have a company policy for them.

IR35 Timeline

Novative offer expert HR and Payroll outsourcing for the UK. If you need to outsource any part of your processes to Novative then please contact us.

*GPA stated these figures during  ‘IR35 – Are you ready?’ webinar on 13th June.

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UK Payroll Legislation Update https://www.novative.com/en/uk-payroll-legislation-update/ Wed, 06 Mar 2019 09:53:32 +0000 https://www.novative.com/?p=5425 Payroll Legislation update Here is a round-up of some of the UK’s payroll legislation developments for 2019. Itemised Pay Statements From April 6th 2019, new legislation will change how employers in the UK provide payslips to their workforce. UK employers will be required to submit an itemised payslip for all workers on their payroll. In…

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Payroll Legislation update

Here is a round-up of some of the UK’s payroll legislation developments for 2019.

Itemised Pay Statements

From April 6th 2019, new legislation will change how employers in the UK provide payslips to their workforce. UK employers will be required to submit an itemised payslip for all workers on their payroll. In situations where an employee’s pay fluctuates by reference of time worked, employers must ensure that all employee payslips include the total number of hours they are being paid for. This can be displayed as a single combined amount or as an itemised list illustrating different rates of pay for different hours worked. All payslips must be delivered either on or before the employees pay date.

Find out more here.

Auto-Enrolment Contributions

From April 6th 2019, the minimum contribution for both employers and employees for auto-enrolment will increase. This will see minimum contributions increasing from 5% to 8%. The employer will be required to make a minimum contribution of 3% with the remainder of the balance being made by the employee

Find out more here.

Income Tax Threshold

The income tax threshold will change. The tax-free personal allowance will increase from £11,850 to £12,500.
The threshold for the higher rate of income tax will also increase to £50,000.

Gender Pay Gap Report

All private organisations with 250 or more employees will be required to publish and report on their specific gender gap pay figures.
Reports for public sector organisations must be published by March 31st 2019
Reports for businesses and charities must be published by April 4th 2019
Failure to provide these reports on time and supply accurate data will put employers at risk of facing legal action, leading to court orders and fines.

Find out more here.

Increase In National Minimum Wage

From April 2019 the UK will see an increase in both the National Living Wage and National Minimum Wage.
Increases to national minimum wage for workers will be as follows:

  • Workers aged 25yrs and over will see a rise form £7.83 per hour to £8.21 per hour
  • Workers aged 21 to 24yrs will see a rise from £7.38 to £7.70 per hour
  • Workers aged 18 – 20yrs will see a rise form £5.90 to £6.15 per hour
  • Workers under the age of 18yrs will see a rise from £4.20 to £4.35 per hour.

Apprentices that are under 19 will also see an increase in their hourly rate which will rise from £3.70 to £3.90. This will also apply to apprentices 19 and over, where they are still in the first year of their current apprenticeship.

Find out more here.

Student Loan Recovery

From April 2019 there will be changes to student loan repayments. Currently, the repayment threshold for Plan Type 1 sits at £18,330. This will increase to £18,935. Pan Type 2 will see an increase from £25,000 to £27,725. The percentage of earnings contributions will remain the same at 9%.

Find out more here.

Are you struggling to keep up with Payroll legislation? Maybe it’s time you thought about outsourcing your Payroll to experts. Find out how we can help you stay compliant.

 

Feeling Inspired? Learn More

 

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Advent Calendar Window 13: New Legislation Minimum Wage and Payslips https://www.novative.com/en/new-legislation-minimum-wage-and-payslips/ Thu, 13 Dec 2018 13:00:04 +0000 https://www.novative.com/?p=4028 Welcome to the 13th window of the NOVATIVE advent calendar. Today’s window is looking at two changes to employment law in 2019.   1st April 2019: National Minimum Wage and National Living Wage   The Low Pay Commission (LPC) has recommended that the hourly rates should increase in April 2019: From £7.83 to £8.21 for…

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Welcome to the 13th window of the NOVATIVE advent calendar. Today’s window is looking at two changes to employment law in 2019.

 

1st April 2019: National Minimum Wage and National Living Wage

 

The Low Pay Commission (LPC) has recommended that the hourly rates should increase in April 2019:

  • From £7.83 to £8.21 for workers aged 25 and over (the National Living Wage)
  • From £7.38 to £7.70 for 21-24-year-olds
  • From £5.90 to £6.15 for 18-20-year-olds
  • From £4.20 to £4.35 for 16-17-year-olds
  • From £3.70 to £3.90 for apprentices aged under 19 or in the first year of their apprenticeship.

For more information please go to the GOV.UK website.

 

6th April 2019: Payslip changes

 

Two important changes to the Employment Rights Act 1996, affecting pay slip information, will come into force on 6 April:

  1. Employers must include the total number of hours worked where the pay varies according the hours worked, for example under variable hours or zero hours contracts.
  2. Payslips must be given to ‘workers’ and not just employees.

 

Do You Need Help?

 

Ensure your business is compliant with the law and avoid big repercussions take advantage of our payroll system NOVA Smart and NOVATIVE payroll outsourcing service. Let our payroll experts take care of your payroll, ensuring you are up-to-date with new legislations, and running your payroll efficiently.

 

Learn more

 

 

 

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Advent Calendar Window 12: HR and GDPR https://www.novative.com/en/hr-and-gdpr/ Wed, 12 Dec 2018 13:00:51 +0000 https://www.novative.com/?p=3895 How Has GDPR Effected HR? GDPR (General Data Protection Regulations) was enforced on the 28th May 2018. The regulations replaced the outdated protection rules across Europe, which were first created during the 1990s. GDPR modernised laws that protect the personal information of individuals. HR can play an essential part in ensuring compliance with the GDPR,…

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How Has GDPR Effected HR?

GDPR (General Data Protection Regulations) was enforced on the 28th May 2018. The regulations replaced the outdated protection rules across Europe, which were first created during the 1990s. GDPR modernised laws that protect the personal information of individuals.

HR can play an essential part in ensuring compliance with the GDPR, helping to avoid the massive repercussions.

One challenge for HR professionals, primarily if they deal with job applicants, is assuring an organisation has explicit consent from the data subject. Terms of consent must be clear, and it must be easily given and freely withdrawn at any time.

There must be a clear record of when consent was granted and when it was rescinded. To be sure eliminations of pre-agreed options from companies literature should be removed, to ensure explicit consent i is gained from individuals.

However, this is not the only impact for HR and goes beyond consent at the application stage. HR departments work with all categories of data, not just from current employees but previous and potential ones too.

In this day and age information will come digitally, but paper processes still exist. It is crucial to keep hard copies and deal with non -compliant paperwork immediately. It is advisable for companies to move away from paper and move their processes to digital.

Things for HR departments to be mindful of:

Recruitment
Check mark free iconDo applicants receive clear privacy notice, detailing what their data is being used for?
Check mark free iconIs all the data you collect from applicants needed?

Data Access
Check mark free iconCan data be provided efficiently to individuals that request their data?

Data Retention
Check mark free iconAs part of the data minimisation, do you need all of the data held on file?

Third Parties
Check mark free iconDoes your company work with third parties? Have you checked that they are compliant?

HR departments now face this new pressure of being compliant with GDPR. Inept paper processes need to be abolished, and HR departments need to embrace technology to keep data secure, follow a clear timeline of data consent and requests and use technology to their advantage to keep their organisations within regulation.

If you are looking for an HR software that is compliant with GDPR and will enlighten your HR processes, NOVA Smart has everything you need.

 

Learn more

GDPR

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Advent Calendar Window 4: New Legislation Brexit https://www.novative.com/en/new-legislation-brexit/ Tue, 04 Dec 2018 13:00:13 +0000 https://www.novative.com/?p=3223 New Legislation Brexit Welcome to your fourth window of the NOVATIVE HR advent calendar.     Today we are looking at new regulations surrounding Brexit. Currently, it’s still unclear, what will happen to the laws governing employment and labour movement once the UK leaves the EU. The UK gave notice of its intention to quit…

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New Legislation Brexit

Welcome to your fourth window of the NOVATIVE HR advent calendar.

 

HR Brexit

 

Today we are looking at new regulations surrounding Brexit. Currently, it’s still unclear, what will happen to the laws governing employment and labour movement once the UK leaves the EU.

The UK gave notice of its intention to quit the EU on 29 March 2017. From this point there was a two-year timeframe for negotiating the terms of a member state’s departure under the Lisbon Treaty, making 29 March 2019 the UK’s leaving date. But this date can be extended by agreement.

Both sides agreed in March 2018 to a transitional phrase, lasting from 29 March 2019 until 31 December 2020, during which:

  • Free movement of EU citizens will continue
  • The UK will stay bound by EU trade arrangements while negotiating its own international trade deals.

We head into 2019 still unsure of how Brexit will affect the UK’s employment laws. If you have concerns about keeping up with employment legislation, using NOVATIVE’s HR outsourcing service would be an option for you. Our team of experts will ensure that your company is compliant and will keep you informed of any upcoming changes with plenty of notice so that you can be prepared.

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