Hong Kong: Executive double-hatting and deemed employment risks

Having executives work across group companies is common as it can allow operational and cost efficiencies while keeping the underlying employment relationships simple. In its recent decision in Yung Wai Tak Abraham William v Natural Daily (NZ) Holdings Ltd [2020] HKCFI 2067, the Court of First Instance of the High Court (“CFI”) found a group List Co … Read more

Hong Kong: Resignation, Repudiation or Dismissal?

In the recent decision of Lam Sin Yi Sindy v Leung King Wai William [2020] HKCFI 2525, the plaintiff challenged her former employer’s treatment of the termination of employment as a resignation. The decision is a useful reminder of the legal principles in relation to valid notice of termination and the perils of accepting a resignation given … Read more

People: New remote work regulations (Spain)

On 23 September 2020, the Spanish Official State Journal (Boletín Oficial del Estado) published Royal Decree-law 28/2020, of 22 September (“RDL 28/2020”), on remote work. The new regulation will enter into effect 20 days after its publication, in all matters relating to the regulation of this form of work. As pointed out in the new … Read more

Asia Employment, Pensions and Incentives Update September 2020

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

UAE Employment Law Round-Up

Over the past few weeks there have been a number of key developments in UAE and DIFC employment law. In this round-up we provide insight on three important updates: Equal Pay; Parental Leave; and the DIFC Court decision on Covid-19 Rule. Click on the image below to find read about these updates.       Read more

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