Australia: Uncertain times – Labour hire licensing in Queensland

The Labour Hire Licensing Act 2017 (Qld) (Act), which was passed on 7 September 2017, has been proclaimed to commence on 16 April 2018. This means labour hire providers as defined by the Act will have 60 days from that date to lodge their licence application. Continue reading

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

Australia: Safety Snapshot – October 2017

For recent developments and trends in safety, click here and see our latest quarterly Safety Snapshot.

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Filed under Jurisdiction: Australia, Workplace Health and Safety

Myanmar: Compliance check – New standard contract template

On 28 August 2017, Myanmar’s Ministry of Labour announced a new version of the Standard Employment Contract (SEC) template that must be used when registering employment agreements with local labour offices. Is your company compliant?

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Filed under Jurisdiction: Asia, Terms of employment contracts

Hong Kong: Who owns employees’ work product

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how the law can protect an employer’s rights in respect of such intellectual property from misappropriation by an employee after the employment relationship ends.

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Filed under Jurisdiction: Asia, Protection of business interests (including restrictive covenants and confidential information)

India: Implementation of the rights of persons with Disabilities Act 2016

The passage of the Rights of Persons with Disabilities Act, 2016 (the Act) and subsequent notification of the Rights of Persons with Disabilities Rules, 2017 (the Rules) is intended to bring Indian legislation in line with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

The Act and the Rules replace the 1995 legislation and introduce substantial changes to rights and protections of people with disabilities. Employers should take note of the changes in order to avoid falling foul of the provisions, most significantly because private establishments must now observe the requirements in respect of their employees.

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Filed under Jurisdiction: Asia, Workplace culture, diversity and discrimination (including bullying and harassment)

Japan: Conversion of fixed term employees to permanent employment

In a recent article published by the Ministry of Health, Labour and Welfare, the Ministry has clarified its position regarding the entitlement of dispatched workers who are employed on a fixed term basis to be converted to permanent employment upon meeting certain service thresholds. Given this and an expected increase in applications for permanent employment, this article reviews the circumstances in which fixed term employees must be converted to permanent employment.

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

Australia: Whistleblower protection laws – proposed amendments to the Corporations Act

The Government has released draft legislation significantly amending whistleblower laws: Treasury Laws Amendment (Whistleblowers) Bill 2017 (the Bill).

Through a series of interlocking amendments to various Acts, the Bill seeks to consolidate whistleblower protections in the corporate, financial and credit sectors into a single regime under the Corporations Act 2001 (Cth) (the Act).1

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Filed under Jurisdiction: Australia, Whistleblowing

UK: Brexit – UK government gives assurances to EU citizens in the UK

The rights of EU citizens currently in the UK were the subject of considerable focus last week, in light of concerns as to whether the Home Office will be able to handle applications from the estimated three million EU citizens currently here and the position if no Brexit deal is agreed.

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

Australia: Latest data on enterprise bargaining wages trends – June 2017 Quarter

The ‘Trends in Federal Enterprise Bargaining’ report for April-June 2017 was released by the Department of Employment on Friday.

This data is a valuable tool for benchmarking during any enterprise agreement negotiations you have coming up.

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia, Remuneration (including bonus and incentive plans)

UK: The UNISON tribunal fees ruling – has Lord Reed opened the floodgates?

There has been considerable speculation as to the likely effects of the Supreme Court’s decision in R (on the application of UNISON) v Lord Chancellor to declare invalid the Government’s system of tribunal fees. Given the cogent evidence presented by UNISON that this system of fees had resulted in a marked fall in the number of claims, logically the abolition of this system should lead to a marked rise in the number of claims. Anecdotally there is some evidence of a rise in the number of claims in various tribunals but it might perhaps be doubted whether the number of claims will rise to the levels that appertained prior to the introduction of fees.

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK