Our Asia Employment, Pensions and Incentives update this month covers: the updated requirements on stay permits and visitor visas in Indonesia following the easing of immigration restrictions on 1 October 2020; the grounds on which an employer can seek the dissolution of a trade union in Thailand and whether doing so amounts to an unfair … Read more

Updated 12, 13 November 2020 The guidance on the Coronavirus Job Retention Scheme has now been updated to set out the rules under the scheme extension from 1 November 2020; links to the latest versions are available here.  These largely reflect the details already announced and much of the technical detail of the scheme remains … Read more

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

Our Asia Employment, Pensions and Incentives update this month covers: the changes to labour laws in Karnataka, in India, to help ease the burden on employers and attract new investment; our Compliance Check, which considers the updated requirements for safe measures in the workplace in Singapore; an article on employer obligations in relation to sexual … Read more

In a previous article we discussed circumstances where an employer may seek damages against an employee who has engaged in serious misconduct or been seriously negligent at work. In the recent case of Xu Yi Jun v GF Capital (Hong Kong) Ltd [2020] HKCA 663, the Court of Appeal considered whether it is permissible for an employer to withhold … Read more

The Court of Appeal has held that an employer can in principle continue to rely on a valid material factor defence to an equal pay claim for a period after the date of the initial decision – the material factor does not simply evaporate due to the passage of time. It may continue to be … Read more

As we hit mid year, the employment landscape across Asia has started to move away from only focussing on Covid-19 related emergency measures. Our Asia Employment, Pensions and Incentives update this month looks at: the recent decision in Malaysia in Ahmad Zahriv AIMS Cyberjaya Sdn BHd in relation to fixed term employment contracts; the restrictions … Read more

A recent EAT ruling highlights the complexities of calculating pay for statutory holiday.  An employer must pay “normal remuneration” for the 4 weeks’ EU-derived leave, the meaning of which has been the subject of much (and continuing) case law. However, domestic law provides for an additional 1.6 weeks’ holiday and the payment for this is … Read more