Outsourcing is often a major part of business strategy whether within a single jurisdiction or to an offshore provider and whether from one jurisdiction or from many. All outsourcing agreements involve labour law issues which need specific labour law expertise and local jurisdiction knowledge. We have extensive experience advising on and managing the labour law issues of outsourcing projects with global outsourcing clients, having conducted over 40 such projects.
We provide advice on all aspects of an outsourcing transactions:
TUPE advice in many relevant European jurisdictions and similar protectionist legislation around the world
- providing support for RFP pitches for outsourcing projects such as the recruitment and termination costs to enable a client accurately to price an outsourcing proposal
- providing local labour law advice on market entry for new outsourcing centres
- reviewing and advising on cross-border data protection and privacy issues on outsourcing projects including compliance with local data protection and data transfer laws particularly in Europe, the Middle East and Asia
- negotiating and drafting all labour law and data protection/privacy provisions on commercial outsourcing projects, including TUPE clauses, indemnities and warranties and provisions for the transfer of data, benefits and employees
- providing sound commercial and strategic advice on various aspects of outsourcing transactions, for example the implications of taking on employees under TUPE or terminating TUPE protected employees or the handling and transfer of data, particularly where the client’s existing documents do not have adequate local legal compliance