Hong Kong: Recovering bonuses from employees – part 2

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

Asia Employment, Pensions and Incentives Update August 2020

Our Asia Employment, Pensions and Incentives update this month looks at: the recent decision of the Industrial Court in Malaysia, which considered what amounts to sexual harassment, taking into account local culture and sensitivities; the legal issues regarding employers revoking offers of employment after they have been accepted in the PRC; a new Decree issued … Read more

Asia Employment, Pensions and Incentives Update July 2020

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

Asia Employment, Pensions and Incentives Update June 2020

As workplaces are slowly beginning to re-open, new challenges arise for employment law and HR teams. Our Asia Employment, Pensions and Incentives update this month looks at: the various measures introduced by the Department of Labour and Employment measures introduced in the Philippines, to preserve employment during the Covid-19 pandemic the conflicting views around whether the … Read more

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

UK: High Court rulings on duty of care to protect against economic loss

In Rihan v Ernst & Young (Global) Ltd, the High Court awarded a former partner of Ernst & Young (EY) damages exceeding $11 million, broadly equating to past and future earnings for the rest of his career. The claimant, Mr Rihan, was a whistleblower who publicly disclosed suspected irregularities arising out of an audit for … Read more

UK: employment law changes April 2020

The following changes came into force in April: From 6 April 2020 employees are entitled to two weeks’ statutory parental bereavement leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.  There is also a right to statutory pay for those with 26 weeks’ service.  Employers will need … Read more

Asia Employment, Pensions and Incentives Update March 2020

Our Asia Employment, Pensions and Incentives update this month looks at: our live webinar that discussed the continued impact of COVID-19 across the region and some of the challenges faced by businesses and organisations; In Indonesia, the proposals outlined in the draft Omnibus Bill on Job Creation, including among other things, widespread changes to termination … Read more

Asia Employment, Pensions and Incentives Update December 2019

Our final Asia Employment, Pensions and Incentives update for 2019 looks at: the changes to immigration policies in China, that came into effect 1 August 2019 and relax the requirements for highly-skilled foreign workers and students which had previously been in place; in Malaysia, the amendments outlined in the Industrial Relations Bill which while not … Read more