Jurisdiction: Asia

China: Worker status – Contractors or employees?

In China, it is common for companies to engage independent contractors rather than employees when seeking to limit costs and liability. This approach has become particularly popular in certain service based industries such as hospitality, IT and consumer products sales. … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia

Indonesia: Minimum wage – compliance check

On 16 November 2017, the recently elected Governor of Jakarta stipulated the new provincial minimum wage of DKI Jakarta for 2018 in the amount of IDR 3,648,035.82 (or equivalent to approximately USD 270) through Governor Regulation No. 182 of 2017 … Continue reading

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Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans)

Hong Kong: When can an employer dismiss summarily?

Employers have a range of options at their disposal for dealing with disciplinary matters, from informal verbal warnings through to summary dismissal (i.e. dismissal without notice or payment in lieu). Summary dismissal is not something which should be taken lightly, … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

APAC: Workplace Harassment

The daily allegations of harassment in the press and social media campaigns highlighting the prevalence of harassment around the world should prompt business leaders and HR teams to ensure that they understand their obligations and review whether their internal processes … Continue reading

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Filed under Jurisdiction: Asia, Jurisdiction: Australia, Workplace culture, diversity and discrimination (including bullying and harassment)

Myanmar: Compliance check – New standard contract template

On 28 August 2017, Myanmar’s Ministry of Labour announced a new version of the Standard Employment Contract (SEC) template that must be used when registering employment agreements with local labour offices. Is your company compliant?

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Filed under Jurisdiction: Asia, Terms of employment contracts

Hong Kong: Who owns employees’ work product?

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how … Continue reading

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Filed under Jurisdiction: Asia, Protection of business interests (including restrictive covenants and confidential information)

India: Implementation of the rights of persons with Disabilities Act 2016

The passage of the Rights of Persons with Disabilities Act, 2016 (the Act) and subsequent notification of the Rights of Persons with Disabilities Rules, 2017 (the Rules) is intended to bring Indian legislation in line with the United Nations Convention … Continue reading

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Filed under Jurisdiction: Asia, Workplace culture, diversity and discrimination (including bullying and harassment)

Japan: Conversion of fixed term employees to permanent employment

In a recent article published by the Ministry of Health, Labour and Welfare, the Ministry has clarified its position regarding the entitlement of dispatched workers who are employed on a fixed term basis to be converted to permanent employment upon … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia, Terms of employment contracts

Asia: Pre-employment screening

Pre-employment screening can be a useful tool in ensuring you are hiring the right person for the right role. Here we look at the issues that may arise with asking a candidate about their criminal record in various jurisdictions in … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Asia

Hong Kong: Immigration win for same-sex couple

In a landmark ruling, the Court of Appeal held that the Immigration Department’s visa policy, insofar as it denies same-sex couples eligibility for consideration for a dependant visa, breaches the right to equality enshrined in article 25 of the Basic … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Workplace flexibility and family-friendly rights