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CONVINUS Global Mobility Alert CW 38_2020_english

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CONVINUS Global Mobility Alert CW

e p t e m b e r 2 0 2 0 S s s u e C W 3 8 I IN THE MEASURES PERMIT AREA WORK SAUDIA ARABIA: SOFTENING ENTRY REQUIREMENTS OF EUROPEAN UNION: IS IMPORTANT FACTUALEMPLOYER SOCIAL SECURITY COVERAGE FOR FREE SERVICE OF: A GLOBAL MOBILITY SOLUTIONS CONVINUS 70, 8001 ZURICH, SWITZERLAND TALSTRASSE / INFO@CONVINUS.COM WWW.CONVINUS.COM EUROPEAN UNION: TRIPS MADE MORE BUSINESS BY ADDITIONAL DIFFICULT & QUARANTINE REGISTRATIONS REGULATIONS News from the world of global mobility Due to COVID-19, the "Shanghai Foreign Expert Bureau" has introduced a new online system for permit applications. All applications (including the application documents) can now be submitted online without personal appearance. The standard processing time for A-category permits has been reduced from 10 to 8 working days and from 15 to 13 working days for B and C-category permits. The maximum validity period for category A permits has been increased to 5 years. However, the validity period is limited to one year if the permit was linked to the condition of paying a certain salary. The validity period for category B permits has been increased to two years. In addition, among other things, an extract from the criminal CHINA: STREAMLINES SHANGHAI record is no longer required for a change of the employer and for expatriates. Above all, to strengthen social distancing, a physical examination will no longer be required in the future. Regardless of Covid-19, business trips lasting several days are already subject to mandatory reporting requirements (depending on the activity) under the EU Directive on posted workers. To contain the pandemic, however, many authorities are now requiring additional registration efforts before travelers cross the border. The UK, Belgium, Spain, and Greece, for example, have introduced digital forms that must be filled out. The information requested includes contact details and information on the time of crossing the border- In some cases further details on travel itinerary, accommodation or emergency contacts must also be provided. In addition, country-specific quarantine regulations must be taken into account, which are based on the country's current "red list" and are updated continuously. The fact that not only entire countries but also certain regions are named as risk areas makes the situation increasingly complex. Saudi Arabia imposed significant entry restrictions in the context of the pandemic on March 15, 2020. These are expected to be completely lifted for Saudi nationals at the beginning of next year. The exact date has not yet been communicated. As of September 15, 2020, citizens of Saudi Arabia and the GCC member states (Gulf Cooperation Council) will be allowed to enter and leave Saudi Arabia. Expatriates with valid visas of certain categories will be allowed to enter Saudi Arabia; however, whether they will be allowed to enter and leave the country is not yet clear from the softening regulations. Persons entering the country must take a COVID 19 test within 48 hours of entry and ANNOUNCED provide the proof of a negative result. Further regulations are still pending. When it comes to international employment relationships it is not always evident which company will be regarded as the employer. However, the question - which company needs to be considered as the employer - might be of essential importance for the social security subordination when the employee works in two or more countries. The European Court of Justice has now ruled that the purely labor-law connection to an employer is not sufficient for determining the social security subordination. Rather, the factual/ economic employer must be taken into account in order to determine which company will be considered as the employer for social security purposes and in which country the employee will be ultimately subject to social security. In addition, the European Court of Justice has specified that the definition of the employer for social security purposes must be interpreted uniformly for all EU member states and may not be based solely on national legislation.

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