Hong Kong HR Investigation Insights: suspension or administrative leave?

Where there is an ongoing investigation into the alleged misconduct of an employee, the employer wish to suspend an employee’s duties until the investigation is concluded. In Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance (“CFI”) clarified the scope of an employer’s right under the Employment Ordinance … Read more

UK: Supreme Court landmark ruling that contractual terms are not the starting point for determining worker status – instead, a purposive approach to the legislation should be taken

On Friday the Supreme Court upheld the Employment Tribunal’s 2016 ruling in favour of two test claimants that, as Uber drivers, they were ‘limb (b)’ workers entitled to statutory holiday and minimum wage rights for their working time (including all the time spent in the agreed territory, logged into the app and ready and willing … Read more

Asia Employment, Pensions and Incentives Update November 2020

Our Asia Employment, Pensions and Incentives update this month covers: the updated requirements on stay permits and visitor visas in Indonesia following the easing of immigration restrictions on 1 October 2020; the grounds on which an employer can seek the dissolution of a trade union in Thailand and whether doing so amounts to an unfair … Read more

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

Indonesia 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