Taiwan: Hiring Disabled Employees

In a bid to increase the diversity of workforces, and increase access to employment for those with disabilities, Taiwan has a quota for the number of disabled employees. We take a look at how this works in practice. ... Read more

Korea: More Changes To The Employment Regime

South Korea continues to overhaul its labour and employment landscape. We look at some upcoming changes to the notice of dismissal provisions and the prohibition of workplace harassment rules – both effective this year. ... Read more

Vietnam: Changes to Labour Regulations

On 15 December 2018, Decree No. 148/2018/ND-CP ("Decree No. 148") came into effect. Decree No. 148 introduced amendments to Decree No. 05/2015/ND-CP, the legislation designed to provide guidance on the implementation of the Labor Code. The key changes are explained… Read more

Compliance Check: Indonesia – New Rules for Foreign Workers

Indonesia’s Ministry of Manpower ("MOM") has issued a new regulation, MOM Regulation No. 10 of 2018 on Procedures for the Utilisation of Foreign Workers ("Reg 10/2018"), which implements President Regulation No. 20 of 2018 on Expatriate Utilisation ("PR 20/2018"). Employers… Read more

Hong Kong: Unpaid internship or illegal work?

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

Thailand: Proposed Amendments to the Labour Protection Act

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

Singapore: Restraint of Trade Provisions

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

Cambodia: Compliance Check – Mandatory Seniority Payments

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

Japan: Increased Protection for Fixed Term Employees

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

South Korea: Labour Management Councils

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

Recruitment and protection of talent: a boardroom issue for pharma

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

APAC: Background Checks

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

Korea: Handling Employee Data

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

Thailand: Respecting Workers’ Rights

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

Asia: Using Incentives to Effectively Retain Key Employees

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

APAC: Dismissal for Poor Performance

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

China: Implementation Measures for Foreign Talent Visas (R Visas)

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

Hong Kong: The Requirement of Being ‘Fit and Proper’

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

South Korea: Compliance Check- Working Hours

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

Philippines: Crack Down on Contracting

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

APAC: Managing Employee Personal Information

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

China: How to Approach Employee Dismissals

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