Unpaid internships are often seen as a way of providing valuable industry experience to students. However, there has been an increasing global focus on whether such arrangements also enable the exploitation of individuals to perform unpaid work. In Hong Kong,… Read more

There are complicated rules which govern when and how a foreign entity can operate in Vietnam without establishing a local entity. Companies should pay particular attention to employment structures in such circumstances. ... Read more

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

In the 2018 Policy Address on 10 October 2018, the Chief Executive of the HKSAR Carrie Lam announced several key proposals in respect of benefits available to employees under Hong Kong law. ... Read more

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

In part two of our comparative table here, we consider whether employers may offer benefits to LGBTI employees and their spouses/partners in Thailand, Indonesia and Japan. Read more

In part one of our comparative table here, we consider whether employers may offer benefits to LGBTI employees and their spouses/partners in Singapore, Hong Kong and China. Read more

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

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

The Act On The Promotion Of Worker Participation and Cooperation ("Act") requires that companies and their employees consult with each other in order to promote a harmonious work environment by establishing Labour Management Councils ("LMC"). This article examines what this… Read more

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such… Read more

This month, we consider whether employers can conduct background checks by way of social media/internet searches on prospective employees, focussing on the position in Singapore, Hong Kong, Japan and South Korea. ... Read more

Under the Personal Information Protection Act ("PIPA") any company which handles personal data will be deemed a 'data handler' and must comply with strict requirements. This includes employee personal data. ... Read more

Despite clear rules requiring both employers and employees to contribute to state social insurance schemes, many companies still remain in breach. In a crackdown intended to increase compliance, the tax authority will now be overseeing social insurance contributions. ... Read more

Human rights continue to keep the pressure on Thailand's fishing industry, as forced labour and exploitation claims get increasing exposure. Human rights groups continue to report of coercive labour practices in Thailand, in particular, in the fishing industry. In 2015,… Read more

A recent decision of the Industrial Court of Malaysia has confirmed the position that in a claim for unfair dismissal, the primary remedy is reinstatement. If an employee does not seek reinstatement, the court has no further jurisdiction over the… Read more

The Hong Kong Competition Commission (the "Commission") recently released an advisory bulletin indicating that it has encountered a number of situations where businesses have engaged in employment-related practices which may give rise to competition concerns. Our employment and competition teams… Read more

Effective remuneration and incentive models are crucial to ensuring that management teams and key personnel are incentivised to stay with the business and contribute to its on-going success. This is a particular concern for investors following an acquisition. There are… Read more

This month we consider some common questions when considering the dismissal of poor performing employees. First off we look at the position in key jurisdictions in North Asia. ... Read more

On 28 November 2017, the State Administration of Foreign Experts Affairs (SAFEA), the Ministry of Foreign Affairs (MFA) and the Ministry of Public Security (MPS) jointly issued the Implementation Measures for Foreign Talent Visas (Measures). The Measures provide the standards… Read more

On 14 September 2017, the Tokyo District Court interpreted and applied the meaning of "unreasonable differences" to the benefits enjoyed by permanent and fixed term employees at Japan Post. The decision provides guidance on which benefits are exclusively available to… Read more

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these requirements will apply to certain individuals who are subject to the oversight of financial services regulators such as… Read more

We continue our review of the different obligations employers have around the region in relation to collecting, using and storing employee data by looking at some further common issues. ... Read more

The National Assembly has approved amendments to the Labour Standards Act to reduce the total working hours over a 7 day period from 68 hours to 52 hours. This change further demonstrates the government's crackdown on long working hours, and… Read more

By way of the Maharashtra Shops and Establishments Act, 2017, the state of Maharashtra has adopted the Central Government's model legislation intended to increase the ease of doing business and boosting employment opportunities for women. The Act represents significant reform… Read more

The Philippines Government has been stepping up its efforts to crack down "labor-contracting" to protect workers' rights, as evidenced by the increase in its monitoring and enforcement actions. It is necessary for companies to ensure that service contractors and sub-contractors… Read more

Following a public consultation on the review of the Singapore Employment Act (the "EA"), the Ministry of Manpower ("MOM") announced on 5 March 2018 that amendments to the EA will be implemented effective 1 April 2019. ... Read more

Certain employers operating in Korea are required to have a Labor Management Council (LMC). The purpose of the LMC is to promote harmonious relations between companies and their employees by providing a consultative body utilised by both employees and the… Read more

An organisation's obligations in respect of managing personal information vary greatly from country to country. We consider the different obligations employers have around the region in relation to collecting, using and storing employee data. ... Read more

Under PRC law, an employment contract can be terminated in three main ways, namely resignation by the employee, unilateral termination by the employer, or mutual separation. While resignation by the employee is generally straightforward, while other paths to termination must… Read more