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

Singapore: Restraint of Trade Provisions

It is common for employers to include restraint of trade provisions in employment contracts. However, such provisions are generally unenforceable unless it can be shown that there is a legitimate proprietary interest to protect and the restraint goes no further than is reasonably necessary to protect that interest. In Powerdrive Pte Ltd (“Powerdrive”) v Loh … Read more

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such as tech giants, agile biotech start-ups and insurers. In this article we explore how the … Read more

Hong Kong: The Requirement of Being ‘Fit and Proper’

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these requirements will apply to certain individuals who are subject to the oversight of financial services regulators such as the Hong Kong Monetary Authority, the Securities and Futures Commission (SFC) or the Insurance Authority. … Read more

Hong Kong: Who owns employees’ work product?

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how the law can protect an employer’s rights in respect of such intellectual property from misappropriation … Read more

Asia: Post-employment covenants

Although often included in employment contracts, the enforceability of post-employment non-competition obligations can vary greatly from jurisdiction to jurisdiction. Read more

Singapore: Breaches of confidentiality and duties of good faith and fidelity

A recent decision of the Singapore High Court has emphasised the value for employers in taking steps to protect confidential information. In Tempcool Engineering (S) Pte Ltd v Vincent Chong, the primary issue was whether the employees misused confidential information in breach of confidence. The applicable test was found to be whether: (i) the information … Read more

Singapore: Breach of confidentiality and confidence claim

This case revolves around Four Ex-Employees leaving the claimant company, Clearlab SG Pte Ltd ("Clearlab") and joining a rival company, Aquilus Lens International Pte Ltd ("Aquilus"); the key issue is a breach of confidence and the use of confidential information. The claimant also brought claims for: conspiracy, breach of employment contract, breach of fiduciary duty, … Read more

Singapore: Restrictive covenants in employment contracts

In the recent decision of Lek Gwee Noi v Humming Flowers & Gifts Pte Ltd [2014] SGHC 64, the Singapore High Court raised some interesting questions as to what constitutes sufficient legitimate interest to support a non-competition covenant, examined the distinction between the treatment of employment covenants and sale of business covenants and reviewed the … Read more