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Nimble057  
#1 Posted : 25 October 2015 11:48:03(UTC)
Rank: Forum user
Nimble057

The Situation: 20 Expat workers - working on Business visas (So not officially working under local labour laws; despite doing 50 hours) as consultants. A Middle east branch of a huge UK company as the employer. Given we're not classed as "working'' legally locally having trouble pulling policy together. Do they fall under UK or local law? Surely not local law as we're not working; but being told that the ME branch is separate to the UK one. Yet the big boss is based in the UK and is the man to sign the contracts with the client. My question is how do I establish if I should be applying UK legislation (At least to the ex pat workers)? Seem to be going round in circles here internally with them and its driving me mad especially with some of the highly dubious things i'm seeing with regards to how safe the lads are ''off work'' Any advice greatly appreciated
RayRapp  
#2 Posted : 25 October 2015 20:15:30(UTC)
Rank: Super forum user
RayRapp

UK health and safety law has no standing in other jurisdictions. Therefore the only h&s law which applies is the country of origin regardless of the nationality of workers. Your organisation's policies and procedures should apply regardless of the country you are working in. However there may be some special measures applied to take into account local or national h&s law of that country. You say you are not officially 'working' but clearly your are so assume some discrepancy with your visa, but I cannot see what relevance that is to your cause. Whatever the case, you need to take up any concerns with your UK employer either in your present country or if no satisfaction with your UK representative. It sounds like to me you and your colleagues were never given a good briefing from the start.
Nimble057  
#3 Posted : 26 October 2015 05:02:25(UTC)
Rank: Forum user
Nimble057

Its a messy situation to say the least; but looking at it since getting out here; it is coming apparent that we're essentially working as UK ''consultants'' as the visa issue is a nightmare. My concern is that the management team here in place don't seem to recognize this. I've done overseas assessments in the past for travelling to parts Europe and here we are in what can only be described as a hostile environment both from a physical and cultural outlook and yet the company would appear to have done nothing at all. Surely the duty of care extends to other territories in this situation?
bob youel  
#4 Posted : 26 October 2015 08:10:25(UTC)
Rank: Super forum user
bob youel

Ray is correct U could argue that a UK employer has a common law duty to their employees irrespective of where they are; 'however' and however is the problem as U are in another country and that countries laws and culture applies and I would argue that U are classed as working as its a business visa and not a tourist visa The lession learnt is that before anybody signs up for work abroad they use common sense about the risks involved so they should do their own pre job research as well as get as much money as possible for the job so that usually means working for a none English employer and 50 hours a week is a short week when U are working abroad best of luck and if U feal really threatened etc. come home
Nimble057  
#5 Posted : 27 October 2015 04:19:21(UTC)
Rank: Forum user
Nimble057

Its a mess I'm trying to untangle - a previous firm I worked for got smashed in similar circumstances. We were send people overseas in Europe & then Nigeria; conducting a decent level of assessment; had a similar issue to this lot where its visa runs home on a 30 day cycle. One of the lads was involved in a car crash out there and had no problems making a huge claim against the firm. The problem is the visa may be classed as Business but it permits no work. Its purely a ''consultancy'' visa for overseas visitors; as such we are UK employees visiting a site overseas when it gets down to the nitty gritty of it; legally we are not permitted to work in the country but its ''overlooked'' where its government contracts. I had been expecting a similar level of assessment if not better; yet there's next to nothing in place as far as I can see to protect the people or the company should it all kick off in country.
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