APAC: Probationary Periods

Our Asia comparative article this month considers the use of probationary periods across the region – see the comparison here. Read more

Japan: Improving the Treatment of Non Regular Workers

While Japan has seen an increase in the number of non-regular workers (part-time, fixed-term or dispatched workers), the terms and conditions of employment have traditionally been inferior to those offered to regular employees. Japan has recently amended the Act on… Read more

Vietnam: Changes to Labour Regulations

On 15 December 2018, Decree No. 148/2018/ND-CP ("Decree No. 148") came into effect. Decree No. 148 introduced amendments to Decree No. 05/2015/ND-CP, the legislation designed to provide guidance on the implementation of the Labor Code. The key changes are explained… Read more

Thailand: Proposed Amendments to the Labour Protection Act

On 21 September 2018, the Minister of Labour announced the National Legislative Assembly's ("NLA") in principle approval of the draft amendment ("Draft Amendment") to the Labour Protection Act B.E. 2541 (1998) ("Act"). Key changes and implications for employers are discussed… 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… Read more

Cambodia: Compliance Check – Mandatory Seniority Payments

Employees on undetermined duration contracts in Cambodia have previously been entitled to indemnity for dismissal payments upon termination by an employer (save in cases of serious misconduct). With effect from 1 January 2019, the indemnity will be replaced by a… Read more

Japan: Increased Protection for Fixed Term Employees

In an earlier bulletin, we looked at a landmark Tokyo District Court decision that clarified the circumstances under which benefits given to permanent employees but not to fixed term employees could amount to "unreasonable differences" in labour conditions, which are… Read more

Australia: Petroleum and gas industry faces changes

In anticipation of amendments to the Petroleum and Gas (Production and Safety) Act 2004 (Qld) (Act), companies covered by the Act should begin turning their minds to current appointments and potential changes they may wish to implement, particularly taking into… Read more

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in… Read more

Malaysia: Limit of liability for fixed-term contracts

In the case of Malayan Banking Berhad v Mahkamah Perusahaan Malaysia & Anor [2016] MLRHU 1, the High Court in Malaysia ruled that, in an action for unfair dismissal, a fixed-term contract employee may only claim back wages in relation… Read more

Hong Kong: Which laws apply in cross-border employment?

The Macau Judicial Base Court recently held that Macau law (not Hong Kong law) governed an employment relationship between a Hong Kong citizen and his Hong Kong based employer, notwithstanding that the employment contract clearly stated that Hong Kong law… Read more

Singapore: Compliance check – contract workers

The Singapore Ministry of Manpower has recently issued new guidelines in relation to contract workers as part of the drive to protect such workers from abuse. With a growing emphasis on such protection in Asia, employers should ensure that they… Read more

UK: Zero hours workers – remedies now available

On 11 January 2016 individuals on zero hours contracts were finally given a legal remedy where their employer penalises them for breaching an (unenforceable) exclusivity term in their contract. (Exclusivity clauses in such contracts were made unenforceable on 26 May… Read more

Hong Kong: Contracts (Rights of Third Parties) Ordinance

The Contracts (Rights of Third Parties) Ordinance will come into effect on 1 January 2016 and, subject to limited exceptions, will apply to contracts entered into from that date. The Ordinance provides an exception to the doctrine of privity of… Read more