Hong Kong: Court of Appeal confirms that standby days are not days off

The holiday season is soon approaching and excitement is bubbling with many in Hong Kong planning to travel and celebrate with loved ones. Many employers are putting in place logistical arrangements and coordinating work cover over the holidays which involve putting employees on standby to work if needed – read on for our discussion about … Read more

Asia Employment, Pensions and Incentives Update: November 2022

The November update covers the following: an update on the new Digital Personal Data Protection Bill, 2022 in India. As the name suggests, the bill only covers processing of digital personal data. Consider the implications of the bill on employee data here. in Mainland China, we take a look at some examples of non-compete clauses which have been held to … Read more

Asia Employment, Pensions and Incentives Update: October 2022

The October update covers the following: an update on equal employment regulations in the PRC, including the recent circular addressing discrimination against employees who recovered from COVID-19. Read the update here. in Singapore, the High Court in Kallivalap Praveen Nair v Glaxosmithkline Consumer Healthcare Pte Ltd [2022] SGHC 261 dismissed an employee’s breach of contract claim relating to his loss … Read more

Hong Kong Safety Snapshots – Confirmation of limits on statutory compensation for internal injuries

The Hong Kong District Court has re-confirmed that ‘internal’ injuries suffered by employees are not compensable under the Employees’ Compensation Ordinance (Cap. 282) (ECO) if they are not caused by an accident that happened at work. This issue arose in a recent Hong Kong District Court decision 馮应培 v CHINA STATE – SHUI ON JOINT VENTURE and Another … Read more

HONG KONG UPDATE: REMOVAL OF MPF OFFSETTING ARRANGEMENTS ON THE WAY

The long-awaited changes, which will abolish the current MPF offsetting arrangements against severance or long service payment, have been published, introduced and passed as one of the first bills for the 2022 legislative session. This article gives an overview of the changes and transitional arrangements. Abolishing the offsetting arrangement Currently, employers are permitted to offset … Read more