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

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

Hong Kong: Unpaid internship or illegal work?

Unpaid internships are often seen as a way of providing valuable industry experience to students. However, there has been an increasing global focus on whether such arrangements also enable the exploitation of individuals to perform unpaid work. In Hong Kong, while there are exemptions from the application of certain employment related laws which apply to … Read more

Japan: Differing Conditions Between Permanent and Fixed Term Employees

On 14 September 2017, the Tokyo District Court interpreted and applied the meaning of “unreasonable differences” to the benefits enjoyed by permanent and fixed term employees at Japan Post. The decision provides guidance on which benefits are exclusively available to permanent employees and which benefits, when not provided to both categories of employees equally, will … Read more

India: Maharashtra Adopts Model Shop and Establishments Legislation

By way of the Maharashtra Shops and Establishments Act, 2017, the state of Maharashtra has adopted the Central Government’s model legislation intended to increase the ease of doing business and boosting employment opportunities for women. The Act represents significant reform of the prevailing legislation and employers should take note of the changes to ensure compliance … Read more

Philippines: Crack Down on Contracting

The Philippines Government has been stepping up its efforts to crack down “labor-contracting” to protect workers’ rights, as evidenced by the increase in its monitoring and enforcement actions. It is necessary for companies to ensure that service contractors and sub-contractors are compliant with the rules regulating “labor-contracting” by reviewing their contracting arrangements and employment practices. Read more

China: Worker status – Contractors or employees?

In China, it is common for companies to engage independent contractors rather than employees when seeking to limit costs and liability. This approach has become particularly popular in certain service based industries such as hospitality, IT and consumer products sales. Whilst the independent contractor model is generally permitted under PRC law, companies should be aware … Read more