Concurrent Session Method Legs and Regs Around the World. Fiona Coombe, Director, Legal & Regulatory Research, Staffing Industry Analysts

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1 THURS, OCT 9 3:15 PM MONTEGO AF Concurrent Session Method Legs and Regs Around the World Fiona Coombe, Director, Legal & Regulatory Research, Staffing Industry Analysts

2 DIGITAL SURVEYS Legs and Regs Around the World Don t forget to rate this session as you exit.

3 Global challenges: managing risk #1 Biggest long term concerns of buyers Regulation, legal risks and compliance Skills shortages Organisation and management of resources Affordable Care Act Keeping bill rates within budget Worker quality Speed Source: Contingent Buyers Survey 2014

4 Global INSIGHT 17 March 2014 Understanding Contingent Workforce Risk and Developing a Global Risk Assessment Framework John Nurthen, Executive Director International Development Key Recommendations: Follow the four step guide in our Global Risk Assessment Framework to better understand and deal with contingent workforce risk around the world. 1. Identify standard types of risk on a thematic basis, which apply in most countries to a greater or lesser degree, and then 2. Prioritize those risks based on the extent of your exposure to material risk country by country, and then 3. Formulate a risk response, drawing on generic cross border solutions (but structured to allow local country variation), and then 4. Control and monitor your risk. Don't make too many assumptions about risk and don't expect to dump all risk on your suppliers or expect them to solve all your problems immediately. Getting proper risk management in place worldwide takes time. Start with the countries where you have the biggest risks, which will usually be where you have the most contingent workers. As well as providing a Framework, this Insight contains examples of how a Global Risk Assessment Framework can be applied directly in three important but highly diverse countries; the UK, Germany and India. A generic approach to global risk assessment drawn from lessons in commonly requested countries and recent global programs launched by various major global hirers Confidential Report NOT for Distribution 2014 by Crain Communications Inc. All rights reserved. PROPRIETARY DATA, DO NOT DISTRIBUTE OUTSIDE YOUR ORGANIZATION. Your company s use of this report precludes distribution of its contents, in whole or in part, to other companies or individuals outside your organization in any form electronic, written or verbal without the express written permission of Staffing Industry Analysts. It is your organization s responsibility to maintain and protect the confidentiality of this report. Staffing Industry Analysts New Broad Street House 35 New Broad Street London EC2M1NH +44 (0)

5 Why is a global framework needed?

6 Common types of risk: employment Tax liability Employee benefits Employment rights: holiday, overtime, leave Discrimination Health and safety Workers compensation Data protection Adapting supply models Immigration Bribery and corruption Intellectual property rights

7 Global framework methodology Step 1. Risk Identification Step 2. Risk Assessment and Prioritization Step 3. Risk Response a) Standardize. b) Adapt. c) Apportion Step 4. Control and Monitor

8 Global framework methodology: Step 1 Step 1. Risk Identification: E.g. Contingent workforce strategy Identify all potential risks on a thematic basis which identifies those types of risk which apply in most countries to a greater or lesser degree. (This will differ for each organisation). Strategic Operational Compliance and legal Reporting and internal buy in Safeguarding assets and resources Personal

9 Global framework methodology: Step 1 Step 1. Risk Identification: E.g. Contingent workforce strategy Identify potential local risks dependent on: Type of country mature/young labour market; protectionist/free trade; bureaucratic/free market; tradition of class action lawsuits/individual litigation; high/low levels of education; aging/young workforce Type of industry sector unionised; highly regulated; safety critical; security conscious; knowledge/skill reliant Type of worker Employee; Independent contractor; (limited company or self employed); SOW; leased/dispatched employee; user/supplier employee; agency worker

10 Step 2: Risk Assessment and Prioritization Matrix Template Genuine (SOW) Independent Contractors Independent Contractors (not SOW) Temporary Agency Workers/ leased/benched employees Direct consultants e.g. sourced via New Media Worker misclassification tax penalties and hirer liable for tax underpayment re leased employees Co-employment Outsourcing regulation Pay/Benefits Equality Public Perception Supplier Legal/Regulatory Breach Bribery and Corruption Health & Safety Immigration Hirer specific concerns Unique local country risk (if any)

11 Global framework methodology: Step 2 Step 2. Risk Assessment and Prioritization Use a matrix to map the various solutions against the types of risk Color code risks against the impact and therefore, attractiveness of each solution

12 Step 2: Risk Assessment & Prioritization Matrix Extract/Example United Kingdom Genuine (SOW) Independent Contractors Independent Contractors (not SOW) Temporary Agency Workers/ leased/benched employees Direct consultants e.g. sourced via New Media Worker misclassification tax penalties and hirer liable for tax underpayment re leased employees Low: personal service company NB Tax debt transfer risk if worker is "helped" to set up his personal service company or operates as a sole trader Low: personal service company NB Tax debt transfer risk if worker is "helped" to set up his personal service company or operates as a sole trader Low: if workers engaged via genuine umbrella/peo NB Possible threat to tax schemes used by umbrella companies in Low: If clear evidence of genuine self-employment and acceptance by tax authorities Co-employment Low: unless previously directly employed Low because of tax advantages of independent tax status but higher risk if worker forced out of employment or if worker's tax status is attacked by tax authorities such that worker has nothing to lose by asserting employment rights Low but higher risk if worker forced out of employment to work via umbrella/peo whose arrangements are a sham. Low risk assuming worker not forced to work on this basis and assuming worker is paid well Equal pay/benefits liabilities? Not applicable Low because of tax advantages of independent tax status but higher risk if worker forced out of employment or if worker's tax status is attacked by tax authorities such that worker has nothing to lose by asserting employment rights Equal pay - AWR. Pensions Act compliance is difficult Low risk assuming worker not forced to work on this basis and assuming worker is paid well Public perception Acceptable in UK (apart from public authorities) Tax authorities and media awareness of false self-employment and tax avoidance/evasion possible new legislation Media, unions and government focus on lower paid agency workers in some sectors (retail/food/agriculture) and failed PEO/umbrella tax schemes possible new legislation in Tax authorities and media awareness of false self-employment and tax avoidance/evasion possible new legislation Local regulatory/licencing issues for staffing company? Not applicable No licensing but regulatory regime is light touch No licensing but regulatory regime is light touch Not applicable

13 Global framework methodology: Step 3 Step 3. Risk Response a) Standardize consider what standard solutions will eliminate most risk b) Adapt Collaborate with local advisers on terms and conditions; timetable; activities; support networks i.e. technology, training, legal services, interpretation, key relationships c) Apportion Agree the resources available and appropriate for managing the risk

14 Global framework methodology: Step 4 Step 4. Control and Monitor Assign responsibility management and suppliers Set up controls and reporting lines Monitor and audit the length of the supply chain Introduce penalties, if necessary Keep up to date with local laws and regulation Regularly review the need for, and appropriateness of practices and procedures

15 Summary Don t make assumptions about the type or level of risk. Use the framework to identify solutions, and risks by theme and type Categorize solutions according to levels of risk Apportion risk and responsibility in a fair and equitable way Keep under review

16 DIGITAL SURVEYS Legs and Regs Around the World Don t forget to rate this session as you exit.

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