Working time rights: statutory holiday and other rest

UK: Supreme Court refuses to hear statutory holiday pay case

The Supreme Court yesterday refused British Gas permission to appeal the Court of Appeal ruling that statutory holiday pay must include results-based commission (Lock v British Gas Trading). This provides employers with final confirmation that the calculation of pay for … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

Taiwan: Compliance checks – changes to Labor Standards Act

On 6 December 2016, a number of amendments to the Labor Standards Act (Act), relating to rest days, national holidays, annual leave, breaks between shifts, pay slips and whistle-blower protections, were passed by the Legislative Yuan in Taiwan. The amendments … Continue reading

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Filed under Jurisdiction: Asia, Whistleblowing, Working time rights: statutory holiday and other rest

UK: Working time – employers must ensure that workers can take rest breaks

Employers should review their working arrangements to ensure they allow workers to take their statutory rest breaks. Rejecting earlier conflicting EAT authority, the EAT in Grange v Abellio took a purposive approach to the Working Time Regulations in ruling that … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

UK: Court of Appeal judgment in Lock confirms holiday pay must include results-based commission

This afternoon, the Court of Appeal released its judgment in the holiday pay case, British Gas Trading v Lock, dismissing the employer's appeal.  It confirmed that words can be read into the Working Time Regulations (to comply with EU law) to provide … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

Asia: Working hours

Rules on working hours vary from jurisdiction to jurisdiction and can be tricky to implement in practice. This month, we take a look at the standard working hours in Singapore, Malaysia, Indonesia, Hong Kong, China, Japan and Thailand.

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Filed under Jurisdiction: Asia, Working time rights: statutory holiday and other rest

Taiwan: Compliance check – Taiwan’s working week

Taiwan moves to enforce two days off a week for employees by legislating a five day work week.  There are currently two proposals being debated by the Legislative Yuan; whichever is ultimately adopted, employers will need to review their working … Continue reading

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Filed under Jurisdiction: Asia, Working time rights: statutory holiday and other rest

UK: Statutory holiday rights during garden leave/other leave and pay

The ECJ has ruled that workers placed on garden leave are not entitled under EU law to pay in lieu of unused holiday they could have taken during the garden leave period (unless they were unable to take it due … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

UK: First instance rulings that statutory holiday pay must reflect voluntary overtime

A couple of first instance employment tribunal judgments have ruled that the calculation of statutory holiday pay (for the 4 weeks' EU-derived holiday) should include an element for voluntary overtime, voluntary standby and voluntary call out payments, provided that the … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest

Hong Kong: Consultation on standard working hours proposals and recommendations for discrimination law reform

The Standard Working Hours Committee has released a discussion paper for public comment on policy options for regulating working hours in Hong Kong. Currently, there is no statutory restriction on the number of working hours for employers aged 18 years … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Asia, Working time rights: statutory holiday and other rest

UK: Date for appeal hearing on holiday pay

The appeal in the holiday pay case Lock v British Gas Trading has been listed to be heard by the Court of Appeal sooner than expected, floating over 11 to 12 July 2016.  A judgment can be expected in the … Continue reading

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Filed under Jurisdiction: UK, Working time rights: statutory holiday and other rest