Asia Employment, Pensions and Incentives Update May 2020

Our Asia Employment, Pensions and Incentives update this month looks at: the new measures in South Korea introducing paid emergency childcare leave to ease the burden on working parents; the Employment Adjustment Subsidy in Japan, intended to try and prevent employers from resorting to immediate redundancies; in Thailand, the new data protection rules and how … Read more

China: How to Approach Employee Dismissals

Under PRC law, an employment contract can be terminated in three main ways, namely resignation by the employee, unilateral termination by the employer, or mutual separation. While resignation by the employee is generally straightforward, while other paths to termination must be manged carefully to mitigate risk. We recap the key points to consider with each … Read more

China: Guidance on what a “major change in objective circumstances” means

A recent judicial interpretation (Interpretation) issued jointly by the Supreme People’s Court and the Labour Dispute Arbitration Committee in Beijing provides timely clarification (among other things) of what is meant by the term “major change of objective circumstances” in the context of redundancy for corporations with operations in Beijing (and, potentially, other parts of China). Read more

Hong Kong: The labour policy promises of the new Chief Executive

On 26 March 2017, Carrie Lam Cheng Yuet-ngor was elected as the city's next (and first female) chief executive, after winning 777 votes from a 1,194-member election committee. In a 520-page manifesto, Carrie Lam set out her policy campaign including, briefly, her views on how the government under her leadership would address certain topical labour … Read more

Singapore: Mandatory retrenchment notifications from 1 January 2017

From 1 January 2017, employers will be required to notify the Ministry of Manpower of certain retrenchments. Employers should take note of this mandatory requirement, as currently the Tripartite Guidelines on Managing Excess Manpower and Responsible  retrenchment only encourage employers to notify of any retrenchments. Read more

Asia: redundancy notifications

The current global economic slowdown has meant that companies have started to look at redundancies as a cost-saving measure. This month, we take a look at the requirements relating to redundancy notifications in Singapore, Malaysia, Indonesia, Hong Kong, China, Japan and Thailand. Read more

Asia: Mutual separations and exiting employees

HR practitioners and in-house counsel have often had to think about mutual separations as a way to 'exit' employees. This month, we take a look at some frequently-asked questions in Singapore, Hong Kong, Japan, China, Indonesia and Thailand. Read more

Malaysia: Punitive damages in unfair dismissal cases

What happens when an employer dismisses an employee on the grounds of redundancy, but is later unable to prove that there was a genuine redundancy in that position? What if the employer is also found to have engaged in bad faith when dismissing the employee in question? These issues were considered by the Industrial Court … Read more

PRC: Draft Rules issued on employee redundancy

Employee redundancies have become more common in recent times. In response, the Chinese Ministry of Human Resources and Social Security has issued the draft Rules regarding Employee Redundancy by Enterprises (the "Draft"). The Draft was issued on 31 December 2014. Read more