Comments made in an ECJ judgment on a German working time case have raised doubts as to the correctness of the UK Employment Appeal Tribunal’s rulings that pay during the 4 weeks EU-derived statutory holiday must include an amount for voluntary overtime (if sufficiently regular and paid over a sufficient period). In Hein v Albert Holzkamm, the ECJ noted that remuneration for overtime of an “exceptional and unforeseeable nature” need not be included when calculating holiday pay, but that overtime pay should be included where a worker’s contract obliges them to work overtime “on a broadly regular and predictable basis and the corresponding pay constitutes a significant element of the total remuneration”. Domestic legislation does not need to be interpreted as giving the right that pay received for overtime work be taken into account unless these conditions are satisfied. Continue reading
Brexit: updated “no deal” guidance for EEA citizens
On 28 January 2019 the UK Government published guidance for EEA and Swiss citizens arriving in the UK after 29 March 2019 in the event of a “no deal” Brexit.
Individuals will still be able to enter the UK to visit, work or study, but those who wish to remain for longer than 3 months will need to apply for European Temporary Leave to Remain which will be valid for 3 years only. After this period elapses, these citizens’ right to stay in the UK will be subject to the new immigration system planned to take effect on 1 January 2021.
We have updated our Brexit Legal Guide section on migration with the proposed regime.
The Government has also announced that it is scrapping the £65 fee for eligible EU citizens to apply for settled status.
Asia Employment, Pensions and Incentives Update
Authors: Fatim Jumabhoy, Partner, Singapore, Rebecca Lim, Associate, Singapore, Tess Lumsdaine, Senior Associate, Hong Kong
Happy New Year to all our readers! The new year has gotten off to a great start for our Asia Employment, Pensions and Incentives team with our teams in Singapore and Indonesia gaining a Tier 1 banding in Legal 500 for our labour & employment work. Our teams in Hong Kong, China and Japan were also acknowledged; a big thank you to all our clients for your continued support. Continue reading
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Vietnam: Changes to Labour Regulations
On 15 December 2018, Decree No. 148/2018/ND-CP (“Decree No. 148”) came into effect. Decree No. 148 introduced amendments to Decree No. 05/2015/ND-CP, the legislation designed to provide guidance on the implementation of the Labor Code. The key changes are explained below. Continue reading
Asia Comparative Article: Transfer of Business/Undertaking
This month in our comparative table here, we consider the legal obligations on employers considering a transfer of business/undertaking, focussing on the position in Singapore, Hong Kong and Japan.
Compliance Check: Indonesia – New Rules for Foreign Workers
Indonesia’s Ministry of Manpower (“MOM”) has issued a new regulation, MOM Regulation No. 10 of 2018 on Procedures for the Utilisation of Foreign Workers (“Reg 10/2018”), which implements President Regulation No. 20 of 2018 on Expatriate Utilisation (“PR 20/2018”). Employers employing expatriates working in Indonesia should be mindful of the additional obligations introduced through Reg 10/2018. For further details, you can read our update here. Continue reading
Malaysia: Proposed changes to the Industrial Relations Act 1967
Malaysia’s Ministry of Human Resources has recently proposed amendments to the Industrial Relations Act 1967 (“IRA”) which, if introduced, would result in, amongst others, significant changes to the dispute resolution regime for employment claims in Malaysia.
Hong Kong: Unpaid internship or illegal work?
Unpaid internships are often seen as a way of providing valuable industry experience to students. However, there has been an increasing global focus on whether such arrangements also enable the exploitation of individuals to perform unpaid work. In Hong Kong, while there are exemptions from the application of certain employment related laws which apply to categories of student interns, organisations that wish to host unpaid interns must carefully consider key legislation to ensure compliance. Continue reading
UK: revised Code on right to work checks, consultation on national minimum wage rules, age discrimination guide
- The Home Office has published a revised Code of Practice on preventing illegal working, which reflects the ability for employers to check certain employees’ right to work records solely by online check from 28 January 2019 (see here).
- The Government has published a consultation until 1 March 2019 on possible minor amendments to national minimum wage legislation in relation to salaried hours work and salary sacrifice (see here).
- Acas has published a guide highlighting key areas where age discrimination may happen.