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

UK: ECJ confirms scope of holiday carry over requirement

Caselaw has established that workers must be permitted to carry over statutory holiday entitlement to a new leave year where they have been unable or unwilling to take it due to sick leave. The ECJ has now confirmed that this only applies to the 4 week entitlement provided for by the EU Working Time Directive, … Read more

Abu Dhabi Global Market issues new employment regulations

The Abu Dhabi Global Market (“ADGM”) has issued new employment regulations (the “New Regulations”), which will come into effect on 1 January 2020 and repeal the existing 2015 employment regulations (the “2015 Regulations”). The New Regulations can be read in full here. This follows hot on the heels of the introduction of a new employment … Read more

Asia Employment, Pensions and Incentives Update November 2019

This month’s update looks at: the rise of “patahara” (paternity related harassment) in Japan, in particular the most recent legal challenge considering this issue; in Singapore, the Government’s upcoming plans to increase the retirement age and re-employment age and what employers need to do to prepare; the Indonesian government’s proposal to reform the existing labour … Read more

Asia Employment, Pensions and Incentives Update October 2019

The October monthly update looks at: in Singapore, the upcoming changes to compensation limit increases in the Work Injury Compensation Act; a recent regulation that widens the number of available positions that expatriate workers can hold in Indonesia; a Hong Kong District Court decision that considered whether conduct justifying summary dismissal can act as a … Read more

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 Ltd  confirms the position that employment relationships can be implied based … Read more

UK: Court of Appeal ruling on calculation of holiday pay for part-year workers

The Court of Appeal has agreed with the EAT decision in Brazel v The Harper Trust that employers must calculate holiday pay for term-time (or other casual) workers using the normal rate of pay averaged over the 12 weeks prior to holiday being taken, in accordance with the express wording of the Working Time Regulations. … 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