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cityguru
cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13325
Experience:  Senior lawyer with 30 years experience
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Hello, I am exploring taking a new role with a Taiwanese company.

Resolved Question:

Hello, I am exploring taking a new role with a Taiwanese company. I live and work in England, they are based in Taiwan with other offices around the world i.e. US, India, Australia etc. There is no legal entity in the UK for this company. I would be employed to generate business before opening an office in the near future. The employment contract would be with Taiwan.

Can I create my own company and have an employment contract between that company and the Taiwan HQ?

How do I make the employment contract enforceable in the UK? If possible at all.

Thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  cityguru replied 3 years ago.
Hi thanks for your question. if you are employed in the UK then Uk employment protection legislation will apply to your employment. Your difficulty is that if they have no presence here then you would have to go to Taiwan to enforce the contract. That problem exists whether you set up your own company or not. If you used a contracting company then you would have no employment protection rights either because the contract with Taiwan would be between companies. You can get the Taiwan company to agree to English jurisdiction but if they have no presence here you still have to enforce in Taiwan.

Best thing to be honest is to get them to deposit some money here that you can draw against so you have some recourse if they default.

Customer: replied 3 years ago.
Thanks. If I did decide to go down the route of setting up my own company, can you have an employment contract between two companies or does it have to be between a company and an individual?
Expert:  cityguru replied 3 years ago.
No you cannot have an employment agreement between companies. The nature of employment is a relationship with an individual. You can have a contract to deliver the services
and provide that they will be delivered by an individual but it is not an employment contract in the sense of giving any employment protection rights . It is just a commercial arrangement. You would have rights against your own company but that is not much help!

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