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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
On 12 May 2021, Spain’s Official State Journal (Boletín Oficial del Estado, or BOE) published Royal Decree-Law 9/2021, of 11 May, which amends the recast Spanish Workers’ Statute Law, approved by Legislative Royal Decree 2/2015, of 23 October, which guarantees the labour rights of people who deliver for digital platforms (RDL 9/2021 or the Riders … Read more
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
In this Q and A Session, Herbert Smith Freehills Employment and Incentive specialists from the United States and the United Kingdom forecast the expected developments and pressing risks facing financial sector employers in 2021. Tyler Hendry, David Palmer and Tess Lumsdaine will be hosting a webinar to explore these issues in more detail on February … Read more
Businesses hiring agency workers must provide them with the same information about relevant vacancies as direct employees, but do not have to allow agency workers to apply for those vacancies on the same terms. The Agency Workers Regulations 2010 give agency workers a right, from day one of an assignment, to be informed by the … Read more
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
In a judicial review claim brought by the IWGB union on behalf of gig economy workers, the High Court has ruled that UK domestic law does not properly implement the EU Health and Safety Framework Directive and the Personal Protective Equipment Directive in that it limits some protections to employees rather than the broader category … Read more
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
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
