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

Omnibus law insights: Are the labour reforms really pro-employer?

On 5 October 2020, Indonesia’s Parliament passed the Omnibus Law (2020 Job Creation Law), introducing significant amendments in a range of areas, including Indonesia’s laws on investment, employment, immigration, environmental standards, business licensing and building permits. The law is now awaiting the signature of the President. If the President fails to sign the law within … Read more

Asia Employment, Pensions and Incentives Update September 2020

Our Asia Employment, Pensions and Incentives update this month covers: the changes to labour laws in Karnataka, in India, to help ease the burden on employers and attract new investment; our Compliance Check, which considers the updated requirements for safe measures in the workplace in Singapore; an article on employer obligations in relation to sexual … Read more

Australia: Inquiry into the Victorian On-Demand Workforce – Report

Last week, the Inquiry into the Victorian On-Demand Workforce released its report into the ‘on-demand’ workforce in the Victorian labour market (the Report). This inquiry was commissioned by the Victorian Government in 2018 following widespread concern over the wages and conditions offered to workers in the gig economy. Overall, the Report finds that that many … Read more

Asia Employment, Pensions and Incentives Update July 2020

As we hit mid year, the employment landscape across Asia has started to move away from only focussing on Covid-19 related emergency measures. Our Asia Employment, Pensions and Incentives update this month looks at: the recent decision in Malaysia in Ahmad Zahriv AIMS Cyberjaya Sdn BHd in relation to fixed term employment contracts; the restrictions … Read more

Australia: Labour Hire Licensing Update – July 2020

Further to our previous updates, there have been two updates to the ACT and SA labour hire licensing (LHL) legislation that have passed Parliament recently, but have not yet commenced. The SA Parliament passed the Labour Hire Licensing (Miscellaneous) Amendment Act 2020 (the SA Act) which introduces significant changes to the LHL scheme in SA. … Read more

Australia: In the Rossato decision, the Court confirms overall relationship is still critical in determining casual employment; rejects ‘double dipping’ argument

In the long awaited decision of WorkPac Pty Ltd v Rossato [2020] FCAFC 84, the Full Federal Court finds ‘casual’ WorkPac employee entitled to leave and holiday payments. Background Robert Rossato was employed by labour hire company WorkPac Pty Ltd (WorkPac) as a casual coal mining worker across companies within the Glencore Group from 28 … Read more

UK: employment law changes April 2020

The following changes came into force in April: From 6 April 2020 employees are entitled to two weeks’ statutory parental bereavement leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.  There is also a right to statutory pay for those with 26 weeks’ service.  Employers will need … Read more

UK: no vicarious liability for actions of genuinely self-employed contractor

The Supreme Court has ruled in Barclays Bank plc v Various Claimants that employers will not be vicariously liable for the actions of a self-employed person whom they have engaged, if the individual is genuinely in business on their own account. It overruled the Court of Appeal and found that Barclays Bank was not vicariously … Read more