Vietnam: Improved Employee Rights Under Draft New Labour Code

In May 2019, a draft amendment to the current Vietnamese labour code (the “Draft No 2“) was submitted to the National Assembly, pending approval in November 2019. If passed, the Draft No 2 would replace the current Labour Code No 10/2012/QH13 (the “Labour Code“). Major changes proposed in the Draft No 2 are explained below. Read more

DIFC end of service gratuity benefit to be replaced

As we recently published here, the Dubai International Financial Centre (“DIFC“) has announced plans to replace its end of service gratuity (“ESG“) scheme with a defined contribution scheme known as the DIFC Employee Workplace Savings (“DEWS“) Trust scheme, which is set to come into force from 1 January 2020. Read more

UK: covert recording by employee may not be gross misconduct

The Employment Appeal Tribunal has ruled that covert recording by an employee will not always be a breach of the implied duty of trust and confidence. It will normally amount to misconduct, but will not automatically be gross misconduct justifying dismissal. Relevant factors will include the purpose of the recording, which “may vary widely from … Read more

UK: right to privacy in relation to personal emails and WhatsApp messages

The European Court of Human Rights in Garamukanwa v United Kingdom has confirmed that the right to privacy can theoretically apply in relation to communications sent from a workplace email address, or which touch on both professional and private matters. However, in this case, the employee did not have a reasonable expectation of privacy in … Read more

Middle East: The new DIFC Employment Law – 16 key changes

As we recently reported here, the new DIFC Employment Law (Employment Law, DIFC Law No. 2 of 2019) was enacted by His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of Dubai, on 30 May 2019. The new law will come into effect … Read more

UK/EU: ECJ ruling highlights the potential for discrimination claims if benefits based on salary are reduced to reflect temporarily reduced pay

In RE v Praxair MRC SAS the European Court of Justice has ruled that the calculation of compensation payments for dismissal and redeployment of an employee on a full-time contract, who was on part-time parental leave (as permitted under French law), must be carried out on the basis of the full-time salary.  Calculating these payments based on … Read more

UK: dismissal for improper proselytising not unfair

In Kuteh v Dartford and Gravesham NHS Trust the Court of Appeal has agreed that the human right to freedom of religion did not make it unfair for an employer to dismiss a nurse for improperly proselytising to patients and failing to follow a lawful management instruction to stop initiating conversations with patients about religion. … Read more