Jurisdiction: Asia

China: Labour authorities tighten enforcement activities

The Chinese government recently issued three sets of measures to strengthen labour law enforcement in China. These measures are aimed at cracking down on material violations of labour laws and regulations and improving compliance by employers. Companies need to pay … Continue reading

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Filed under Employment law reforms, Jurisdiction: Asia

Asia: UK Modern Slavery Act 2015

The UK Modern Slavery Act 2015 (Act) requires certain businesses to prepare and publish a slavery and trafficking statement for each financial year from the year ending 31 March 2016. This may impact organisations in Asia where, for example, the … Continue reading

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Filed under Jurisdiction: Asia

Hong Kong: Damages for injury to feelings and exemplary damages

As a general rule, employees bringing a claim for damages against their employer will need to demonstrate that they have suffered financial loss as a result of the alleged wrongdoing. In some cases, however, an employee may also be able … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Asia

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in … Continue reading

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Filed under Contracts of employment, Jurisdiction: Asia, Termination of employment

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

Hong Kong: MIC Regime – Implications for HR

On 16 December 2016, the Securities and Futures Commission (SFC) issued a circular which introduces new measures to heighten the individual accountability of senior management of licensed corporations (LCs), through the designation of one or more Managers in Charge (MIC) … Continue reading

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Filed under Jurisdiction: Asia

Malaysia: Limit of liability for fixed-term contracts

In the case of Malayan Banking Berhad v Mahkamah Perusahaan Malaysia & Anor [2016] MLRHU 1, the High Court in Malaysia ruled that, in an action for unfair dismissal, a fixed-term contract employee may only claim back wages in relation … Continue reading

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Filed under Contracts of employment, Jurisdiction: Asia

Singapore: Compliance check – New requirement for EP holders with directorships

The Singapore Ministry of Manpower (MOM) has recently introduced a new requirement for Employment Pass (EP) holders to obtain a Letter of Consent from the MOM before they are able to take up external directorships with other entities. Is your … Continue reading

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Filed under Jurisdiction: Asia

Singapore: Amendments to the Retirement and Re-employment Act

On 9 January 2017, the Parliament of Singapore passed the Retirement and Re-employment (Amendment) Bill 2016 (Bill). The Bill abolished employers' right to reduce the salary of workers who reach the age of 60, and introduced a provision which exempts … Continue reading

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Filed under Jurisdiction: Asia, Remuneration

Hong Kong: Categorising individuals as contractors or employees

As budgets tighten and approved headcounts lowered, employers are increasingly looking for creative ways to engage staff to meet demands. In this context, hiring workers as contractors rather than employees has often been popular, but is not without risk. Earlier … Continue reading

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Filed under Employment status, Jurisdiction: Asia