Jurisdiction: Asia

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

China: Termination of employment for violation of professional ethics

A recent Interpretation issued jointly by Beijing Higher People’s Court and the Beijing Labor Dispute Arbitration Commission on 24 April 2017 suggests that, in Beijing, it may be possible to terminate an employee for a violation of professional ethics. However, … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

Hong Kong: When can an employee’s out of work activities impact their employment?

In a recent case involving the Equal Opportunities Commission (the EOC), the Hong Kong Court of First Instance (the CFI) considered whether an employee’s activities at a private event outside of working hours could justify disciplinary action and could be … Continue reading

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Filed under Jurisdiction: Asia

Korea: Compliance Check – Subcontract and Dispatch Arrangements

A significant decision has been released by a First Instance Court in Korea, holding that workers who had been dispatched from a service company were not dispatch workers but were in fact working under an illegal dispatch arrangement. The Korean … Continue reading

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

Asia: Post-employment covenants

Although often included in employment contracts, the enforceability of post-employment non-competition obligations can vary greatly from jurisdiction to jurisdiction.

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

Hong Kong: Apology legislation – unlocking the power of “sorry”

By its very nature, the relationship between employer and employee is unique. Employment provides not only financial rewards, but can be a source of social status and a measure of self-worth. It is hardly surprising then, that when a dispute … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia

Singapore: Focus on fixed-term employees

On 31 July 2017 the Tripartite Alliance issued the Tripartite Standard on Employment of Term Contract Employees (First Standard), (Tripartite Standards). The Tripartite Standards are the first of five new standards seek to encourage fair and progressive labour practices in … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

Thailand: Amendments to the Labour Protection Act

The draft amendment to the Labour Protection Act (the LPA) has now been approved by the National Legislative Assembly on 29 June 2017, and is awaiting Royal Assent to be given by the King. Once the Royal Assent is given, … Continue reading

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

Indonesia: Compliance check – Do you have a wage structure and scale in place?

Earlier this year, the Ministry of Manpower issued another important regulation regarding wage structures and scales with publication of the Minister of Manpower Regulation No. 1 of 2017 (Regulation 1/2017). Regulation 1 /2017 revokes the previous regulation, Manpower Regulation No. … Continue reading

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