Happy New Year and Gong Xi Fa Cai to all our clients. We hope you enjoyed a delightful Christmas and New Year’s break, and are eagerly anticipating the upcoming Chinese New Year celebrations.

To kick off our first e-bulletin of the year, the Malaysian Court of Appeal recently ruled that a director, despite their title and shareholding, can also be considered a ‘workman’ if they perform duties akin to those of an employee. This classification would allow them to file a claim for dismissal without just cause or excuse. Click here to find out more. Indonesia introduced a ‘Golden Visa’ scheme last year, offering eligible foreign investors visas lasting up to five or ten years, based on the value of their planned investment in Indonesia. Click here for a summary of the investment requirements.

Over in Mainland China, we look at the draft Interpretation on Issues Concerning the Application of Law in Employment Disputes (II) issued by the Supreme People’s Court, currently open for public consultation. The draft covers issues including the nature of share incentive disputes, limitation periods and retirement.  Click here to read the summary.

Our Compliance Check this month looks at a new filing obligation for local subsidiaries or branches of foreign companies in South Korea regarding stock-based compensation issued to their executives and employees. The obligation became effective on 1 January 2024. Click here to make sure that your company is compliant. Our Asia comparative article this month compares retirement-related obligations across Singapore, PRC, Japan, Hong Kong, South Korea and Taiwan. Click here to compare the rules.

In December, our Kewei office hosted a webinar on sexual harassment in Mainland China, where they shared insights on recent legal developments and judicial practices. If you missed the webinar, click here to access the recording.

We’re also excited to announce that after the Chinese New Year holidays, we will be hosting a regional webinar on a highly requested topic – post-employment restraints. This webinar will feature our employment law experts from our offices in Singapore, Hong Kong, Thailand, and Indonesia. Stay tuned for the invitation.

As ever, do feel free to reach out to me for all your employment law needs across the region. Here’s to a prosperous year ahead!


Disclaimer

Herbert Smith Freehills LLP has a Formal Law Alliance (FLA) with Singapore law firm Prolegis LLC, which provides clients with access to Singapore law advice from Prolegis. The FLA in the name of Herbert Smith Freehills Prolegis allows the two firms to deliver a complementary and seamless legal service.