Australia: Labour Hire Licensing Update – December 2019

Further to our previous updates, there have been a number of recent developments to licensing schemes in Western Australia, South Australia and Victoria. Most notably: Victoria: The Victorian Labour Hire Authority has announced that where a completed application is submitted to the Authority before midnight on 31 December 2019 and there is no evidence of non-compliance, … Read more

UK: first instance tribunal decision that ‘workers’ covered by TUPE

An employment tribunal has ruled that ‘workers’, ie those who are not employed or self-employed but work under a contract personally to do work, qualify for protection under the Transfer of Undertakings (Protection of Employment) Regulations 2006. TUPE implements the EU Acquired Rights Directive, which provides for the transfer of rights and obligations arising from … Read more

Future of Work: Adapting to the democratised workplace

The new world of work: report warns of an unprecedented rise in workplace activism Across all sectors and geographies workers are becoming more vocal in articulating their views – about the workplace, their employer and about wider social issues – and increasingly holding organisations to account, enabled and amplified by social media. This trend is … Read more

Asia Employment, Pensions and Incentives Update November 2019

This month’s update looks at: the rise of “patahara” (paternity related harassment) in Japan, in particular the most recent legal challenge considering this issue; in Singapore, the Government’s upcoming plans to increase the retirement age and re-employment age and what employers need to do to prepare; the Indonesian government’s proposal to reform the existing labour … Read more

UK: Supreme Court extends whistleblowing protection to non-workers and highlights potential to challenge ‘status’ requirements for other rights

The Supreme Court has ruled that UK whistleblowing laws must be read as providing protection against detriment to whistleblowers who do not satisfy the express requirement to be a ‘worker’, in this case judicial office-holders, in order to comply with the European Convention of Human Rights. Article 14 of that Convention makes it unlawful to … Read more

Asia Employment, Pensions and Incentives Update October 2019

The October monthly update looks at: in Singapore, the upcoming changes to compensation limit increases in the Work Injury Compensation Act; a recent regulation that widens the number of available positions that expatriate workers can hold in Indonesia; a Hong Kong District Court decision that considered whether conduct justifying summary dismissal can act as a … Read more

Asia Employment, Pensions and Incentives Update September 2019

This month our update looks at: changes to the minimum wage requirements in India which starts to simplify the complex wage provisions, and guarantees minimum wage payments to all employees; in Singapore the case of Pradeepto Kumar Biswas v East India Capital Management Pte Ltd  confirms the position that employment relationships can be implied based … Read more

Asia Employment, Pensions and Incentives Update August 2019

Our update this month takes a look at the periods of how fixed term contracts are calculated in Cambodia to avoid deemed permanent employment. Read more about that here. Over in Japan, combatting power harassment continues to be an important objective for the National Diet. We consider the latest legislative changes here. India has introduced … Read more