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Our July update covers the following: In the PRC Supreme People’s Court has published seven guiding employment cases which will be used as reference by people’s courts at all levels when trying similar cases. Click here to read a summary of those cases. In Indonesia, we take a look at guidance issued by the Directorate … Read more
In a recent Hong Kong District Court decision Chow Kai Yan v Kingsway Cars T Service Ltd [2022] HKDC 165, the Court confirmed that an employee who suffered a stroke at work had not sustained an “injury by accident” which would entitle him to statutory compensation under the Employees’ Compensation Ordinance (Cap.282) (ECO). This case … Read more
Fatim Jumabhoy and Shivchand Jhinku focus their predictions on four key areas, particularly as consumer companies grapple with their post-covid positions, including managing employee wellbeing, return to work issues, increasing bullying and harassment claims and the rise in employee activism. They note some surprising trends and research outcomes, including the interdependency between each of the … Read more
Our June update covers the following: a look at the proposed legislation which will enhance the penalties for occupational health and safety offences in Hong Kong, here; the tightening of the rules relating to social security and housing fund contributions in the PRC – see here; in Sri Lanka, the new Personal Data Protection Act … Read more
On 15 June 2022, the Hong Kong Legislative Council passed the Employment (Amendment) Bill 2022 (Bill), which has been introduced by the Hong Kong Government in February 2022 – during the outbreak of the fifth wave of Covid-19 in the city. The Bill will come into force on a date to be gazetted and will … Read more
The long-awaited changes, which will abolish the current MPF offsetting arrangements against severance or long service payment, have been published, introduced and passed as one of the first bills for the 2022 legislative session. This article gives an overview of the changes and transitional arrangements. Abolishing the offsetting arrangement Currently, employers are permitted to offset … Read more
Our May update covers the following: with lockdowns continuing in different provinces of the PRC, we look at the employment implications, and how employers can prepare – see here. in Singapore, the case of Uday Mehra v L Capital Asia Advisors and Others [2022] SGHC 23 considers when it is reasonable for an employee to … Read more
Following the Hong Kong Government’s commitment in the 2017 Policy Address to review the penalty regimes of the relevant occupational safety and health legislations (OSH) in Hong Kong, the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Bill 2022 (Bill) was published on 13 May 2022, with a view to reducing the number of serious … Read more
In a recent District Court decision C v The Chinese University of Hong Kong [2022] HKDC 77, the Court considered whether the University’s decision to discontinue the studies of a student, C, who suffered from mental health conditions, was discriminatory. This case provides helpful guidance on navigating employment decisions, such as whether dismissal or disciplinary … Read more
