UK: ECJ cases raise doubts over the inclusion of regular voluntary overtime in holiday pay calculations and over record-keeping requirements

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

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Court of Appeal confirms broad approach to permissible equal pay comparators and procedural requirements

The Court of Appeal has given two rulings in the long-running equal value claim against Asda, in both cases ruling on preliminary points in favour of the store workers claiming equal pay with distribution depot workers. The claims will now proceed to determine whether the roles are of equal value and, if so, whether the employer has a ‘genuine material factor’ defence (ie, a reason for the pay difference which is not tainted by sex discrimination). Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

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.

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Cross-border, Jurisdiction: UK

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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Filed under Uncategorized

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

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Filed under Jurisdiction: Asia, Terms of employment contracts

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.

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Filed under Business sales/transfers, Jurisdiction: Asia

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

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

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.

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia, Workplace culture, diversity and discrimination (including bullying and harassment)

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

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

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.

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Filed under Data protection and privacy, Jurisdiction: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)