Our February e-bulletin begins with a look at a recent Hong Kong case, Hum Matthew Ta v Allied Way Security Management Limited  [2024] HKDC 134. The court dismissed an employee’s claim for wrongful dismissal against his former employer, finding that the employee’s unauthorised absence from work provided a valid reason for summary dismissal. Click here to find out more.

Over in Mainland China, we examine the recent amendments to the Company Law, set to take effect on 1 July 2024. Click here to see how the amendments may impact employers. We also consider the new immigration policies aimed at promoting trade and tourism, including visa-free entries. Click here to see a summary of these policies.

Our Compliance Check this month considers the requirements for a foreign entity engaging an employee to perform work in Indonesia. While the employment will generally be subject to Indonesian employment laws, the specific circumstances of the engagement will determine this. Click here to make sure that your company is compliant.

In Singapore, the court in Shopee Singapore Pte Ltd v Lim Teck Yong [2024] SGHC 29 recently rejected an employer’s application for an interim injunction to prevent an employee from working for a competitor and soliciting clients and employees. Click here for a summary of the case.

Our Asia comparative article this month considers the enforceability of post-employment restraints across Singapore, Indonesia, Thailand, Hong Kong and Mainland China. Click here to compare the rules. Continuing on this theme, the Asia Employment, Pensions and Incentives team hosted a webinar on post-employment restraints across Asia. Our lawyers on the ground discussed recent developments and offered practical tips on how to navigate the challenges. If you missed this webinar, click here for the recording.

 

Key Contacts

Fatim Jumabhoy
Fatim Jumabhoy
Managing Partner
+65 6868 9822
Prawidha Murti
Prawidha Murti
Partner, HBT, Jakarta
+62 21 3973 6108
Nonnabhat Paiboon
Nonnabhat Paiboon
Partner
+66 2857 3834
Gillian Miao
Gillian Miao
Counsel, Kewei
+86 21 2322 2325
Veronica So
Veronica So
Senior Associate
+852 21014107
Nurul Ayu Fajarani
Nurul Ayu Fajarani
Associate
+ 65 6868 8056

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.