United States Employment Update: Summer 2019

It’s been a busy summer for employment law changes, and there are a number of upcoming compliance deadlines which may impact your business. These, and other key developments, are outlined below. September 30, 2019 Deadline For Submitting EEO-1 Pay Data By September 30, 2019, employers covered by EEO-1 reporting requirements (generally, employers with 100 or … 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

UK: further developments promised on ‘NDAs’ and sexual harassment law

The Government has confirmed that it is going ahead with its proposals to regulate confidentiality clauses in settlement agreements and employment contracts, largely as set out in its March consultation. The consultation response confirms that, “when Parliamentary time allows”, the Government intends to: legislate to ensure that a confidentiality clause cannot prevent an individual disclosing … Read more

Hong Kong: Extending employment benefits to same-sex couples

On 6 June 2019, the Hong Kong Court of Final Appeal ruled that the Hong Kong Government could not deny spousal benefits to employees because they are in a same-sex marriage. The Court’s decision only applies to the provision of employee benefits to government employees, but it has increased local focus on discrimination based on … 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

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: Court of Appeal confirms that discrimination because of a perceived disability is unlawful

The Court of Appeal has confirmed that direct discrimination on grounds of perceived disability is unlawful. As the statutory definition of disability can include progressive conditions, perceived disability can include where an employee has a condition which currently does not cause a substantial adverse effect on normal day-to-day activities but the employer mistakenly perceives that … Read more