Asia: Mandatory Employment Policies

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies in addition to such work rules.

Country Are there any mandatory employment- related policies which an employer must establish?
Singapore

Yes. Employers are required to establish a data protection policy.

Malaysia

No.

The Philippines

Yes. Employers are required to establish the following:

  1. an Anti-Sexual Harassment Policy;
  2. a Drug-Free Workplace Program;
  3. a Family Welfare Program;
  4. a Tuberculosis Prevention and Control Policy and Program; and
  5. an HIV and AIDS Prevention and Control Policy and Workplace Program.
Hong Kong

Yes. Employers are required to establish a data protection policy.

PRC

Besides work rules, no.

South Korea

Yes. Besides work rules, employers are required to establish the following:

  1. Labour Management Council (LMC) rules, if there are 30 or more employees; and
  2. a Personal Information Management Policy.
Taiwan

Yes. Besides work rules, employers are required to establish the following:

  1. (i) Anti-Sexual Harassment Rules; and
  2. (ii) Safety and Health Work Rules.
Australia

No, except that employers in New South Wales and the Australian Capital Territory must establish a workplace surveillance policy if employee surveillance takes place.

Indonesia

Besides company regulations, no.

Japan

Depending on the content of the work rules, policies in relation to matters such as leave and wages may also be legally required. In order to comply with data protection obligations, it may also be necessary to put in place a data management policy.

Thailand

Besides work rules, no.

If you would like further information on this topic, please contact Fatim Jumabhoy.

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Filed under Data protection and privacy, Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

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