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

New regulations on equality plans and equal pay between men and women

On 14 October Spain’s Official State Journal (BOE) published two new Royal Decrees on equality: Royal Decree 902/2020, of 13 October, on equal pay between women and men (RD 902/2020) and Royal Decree 901/2020, of 13 October, which regulates equality plans and their registration and which modifies Royal Decree 713/2010, of 28 May, on the … Read more

UK: court ruling on non-compete, repudiatory breach, job notification clause and disclosure obligations

The High Court has enforced a six month notice/garden leave period and a six month post-termination non-compete covenant against a senior broker, rejecting his claims that the employer had committed various repudiatory breaches releasing him from those provisions. The broker alleged that instances of unacceptable behaviour, a failure to deal with his complaints about these, … Read more

UK: dismissal for pay disclosure unfair where no express duty of confidentiality

Employers wishing to ensure employees keep salary information confidential should ensure that it is included expressly within a contractual confidentiality obligation.  Disciplinary policies should also make clear that external (or internal, if appropriate) disclosure without the employer’s permission is misconduct. The EAT in Jagex Ltd v McCambridge confirmed that a duty to keep pay information … 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