Asia Employment, Pensions and Incentives Update October 2020

Our Asia Employment, Pensions and Incentives update this month covers: our Compliance Check in Singapore, looking at the subtle changes to the Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment; our dual-language article on the differences in limitation periods between civil cases and labour disputes in the PRC; the recent case of Yung Wai … Read more

Hong Kong: Executive double-hatting and deemed employment risks

Having executives work across group companies is common as it can allow operational and cost efficiencies while keeping the underlying employment relationships simple. In its recent decision in Yung Wai Tak Abraham William v Natural Daily (NZ) Holdings Ltd [2020] HKCFI 2067, the Court of First Instance of the High Court (“CFI”) found a group List Co … Read more

Hong Kong: Resignation, Repudiation or Dismissal?

In the recent decision of Lam Sin Yi Sindy v Leung King Wai William [2020] HKCFI 2525, the plaintiff challenged her former employer’s treatment of the termination of employment as a resignation. The decision is a useful reminder of the legal principles in relation to valid notice of termination and the perils of accepting a resignation given … Read more

Asia Employment, Pensions and Incentives Update June 2020

As workplaces are slowly beginning to re-open, new challenges arise for employment law and HR teams. Our Asia Employment, Pensions and Incentives update this month looks at: the various measures introduced by the Department of Labour and Employment measures introduced in the Philippines, to preserve employment during the Covid-19 pandemic the conflicting views around whether the … Read more

UK: tribunal can order disclosure of documents by party outside Great Britain

The EAT has ruled for the first time that an employment tribunal in Great Britain can order disclosure of documents by a party who is outside Great Britain, even though the relevant tribunal rule only provides that the tribunal “may order any person in Great Britain to disclose documents or information”. The EAT rejected the … Read more

UK: Law Commission recommends extension of employment tribunal jurisdictions

The Law Commission report ‘Employment Law Hearing Structures’ has made a number of recommendations extending the powers and jurisdiction of employment tribunals.  Although the Law Commission has no power to change the law, its recommendations are expected to be considered by the Government in due course. The recommendations include: widening employment tribunals’ jurisdiction to include … Read more

Asia Employment, Pensions and Incentives Update February 2020

Our Asia Employment, Pensions and Incentives update this month looks at: the initial public holiday changes and subsequent extensions issued by various provinces in China, following the outbreak of Novel Coronavirus; an overview of changes to various employment legislation in South Korea, including changes to the Equal Employment Opportunity and Work-Family Balance Assistance Act, the … Read more

Asia Employment, Pensions and Incentives Update December 2019

Our final Asia Employment, Pensions and Incentives update for 2019 looks at: the changes to immigration policies in China, that came into effect 1 August 2019 and relax the requirements for highly-skilled foreign workers and students which had previously been in place; in Malaysia, the amendments outlined in the Industrial Relations Bill which while not … Read more