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, Protection of business interests (including restrictive covenants and confidential information), Termination of employment

Philippines: Compliance Check – Contracting and subcontracting

The Philippines Department of Labor and Employment (“DOLE”) introduced guidelines earlier this year on the prohibition of “labor-only” contracting (ie labour hire). These changes show the continued tightening on the use of third party labor in the Philippines. Is your … Continue reading

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

Hong Kong: Legislative Council to consider reinstatement remedy for unfair dismissal claims

On 25 April 2017, the Employment (Amendment) Bill 2017 was introduced for first reading in the Legislative Council. This Bill follows a similar Bill proposed in 2016 and if passed, will strengthen the Labour Tribunal’s power to make an order … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

Japan: 45 hour overtime cap proposed

On 5 June 2017, the committee deliberating on the proposal to cap overtime made a written submission to the Minister of Health, Labour and Welfare proposing to cap overtime to 45 hours a month, with an annual cap of 360 … Continue reading

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Filed under Jurisdiction: Asia, Workplace flexibility and family-friendly rights, Workplace Health and Safety

China: Guidance on what a “major change in objective circumstances” means

A recent judicial interpretation (Interpretation) issued jointly by the Supreme People’s Court and the Labour Dispute Arbitration Committee in Beijing provides timely clarification (among other things) of what is meant by the term “major change of objective circumstances” in the … Continue reading

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Filed under Jurisdiction: Asia, Redundancy

Thailand: Compliance check on work rules

Under the Thai Labour Protection Act, employers with ten or more employees are required to establish work rules which contain certain prescribed matters. Until recently, employers were required to submit their work rules to the Department of Labour Protection and … Continue reading

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Filed under Jurisdiction: Asia

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 … Continue reading

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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

South Korea: new government announces proposals to increase support for work-life balance

South Korea's new President Moon Jae-In has announced the Government's support for greater work-life balance for Korean employees, including proposals to curb Korea's notoriously long work days, broaden parental leave and ease the burden of childcare costs. Following President Moon … Continue reading

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

Myanmar: New investment law

The Myanmar legislature enacted the Myanmar Investment Law (the "MIL") late last year. The MIL repealed the 2012 Foreign Investment Law (the "FIL"). In relation to the MIL, the Myanmar Ministry of Planning and Finance has drafted the Myanmar Investment … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Remuneration (including bonus and incentive plans)

Singapore: Illegal workers – High Court holds employer liable for injuries to illegal worker

In Md Shohel Md Khobir Uddin v Chen Yongbiao and another [2017] SGHC 109, the Singapore High Court (SGHC) awarded an individual working illegally 80% of the damages claimed for personal injuries suffered as a result of an employers' negligence. … Continue reading

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