Asia Employment, Pensions and Incentives Update September 2019

This month our update looks at: changes to the minimum wage requirements in India which starts to simplify the complex wage provisions, and guarantees minimum wage payments to all employees; in Singapore the case of Pradeepto Kumar Biswas v East India Capital Management Pte LtdĀ  confirms the position that employment relationships can be implied based … Read more

Asia Employment, Pensions and Incentives Update August 2019

Our update this month takes a look at the periods of how fixed term contracts are calculated in Cambodia to avoid deemed permanent employment. Read more about that here. Over in Japan, combatting power harassment continues to be an important objective for the National Diet. We consider the latest legislative changes here. India has introduced … Read more

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

APAC: Long Term Sick Leave

Our Asia comparative article this month compares and contrasts the rules across the region in relation to long term sick leave. This month, we consider the legal obligations on employers in Japan, China and Indonesia. You can access the article here. Read more

UK: consultation on measures to address one-sided flexibility

The Government has published Good Work Plan: Consultation on measures to address one-sided flexibility setting out proposals to introduce new rights for workers to be given reasonable notice of their working hours and to be compensated where their shifts are cancelled or curtailed without reasonable notice. Views are sought by 11 October 2019 on whether … Read more

UK: proposed new right to request workplace modifications

The Government has published Health is everyone’s business: proposals to reduce ill health-related job loss, a consultation closing on 7 October, which proposes a new right for employees to request workplace modifications on health grounds (this would be in addition to the duty to make reasonable adjustments for disabled employees). This would be similar to … Read more

UK: plans for single enforcement body for employment rights; proposals on modern slavery statements

The Government’s consultation, Good Work Plan: establishing a new Single Enforcement Body for employment rights, seeks views by 6 October 2019 on the case for a new single enforcement body, which would cover holiday pay for vulnerable workers, umbrella companies, the national minimum wage, employment agencies, and gangmasters and labour exploitation. The consultation also seeks … Read more

UK: Court of Appeal confirms voluntary overtime to be included in calculation of holiday pay; challenge to limit on historic claims

The Court of Appeal has confirmed that, for the purposes of calculating holiday pay for the 4 week EU-derived entitlement under the Working Time Regulations, voluntary overtime should be included as part of “normal remuneration”, provided it is sufficiently regular and predictable. This was notwithstanding somewhat Delphic comments from the European Court of Justice in … Read more