Jurisdiction: Asia

Indonesia: Compliance Check – Short Term Business Travellers

An increase in the incidence of inspections by the immigration authorities to workplaces reviewing the legality of the immigration status of foreign workers and business travellers means now is the time to review your mobility arrangements and ensure compliance.

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia

APAC: Individual Liberty Under Workplace Safety Laws

Workplace health and safety laws can often be confusing and the consequences of a breach can be significant. This month our team looks at whether there are penalties and offences under workplace health and safety law which can be imposed … Continue reading

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Filed under Jurisdiction: Asia, Workplace Health and Safety

India: Dismissal of Sexual Harassment Petition

Widespread allegations of sexual harassment in the press and the international “#MeToo” social media campaign have thrown the issue of sexual harassment sharply into focus. This article looks at the recent case in which the High Court of Delhi dismissed … Continue reading

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

Hong Kong: Disclosure of Criminal Convictions

Employers often seek to carry out criminal and other background checks on new employees as part of their pre-hire processes. The discovery of a prior criminal conviction may in some cases result in an offer being withdrawn, or at least … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Asia

Taiwan: Further Changes to the Labor Standards Act

Prompted by criticisms from both employers and employees to its amendments to the Labor Standards Act (the “Act”) in December 2016 (the “first amendments”), the Taiwanese Government proposed further revisions to the Act (the “further amendments”), less than a year … Continue reading

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Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks)

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