Asia Employment, Pensions and Incentives Update: March 2024

Our e-bulletin this month begins with a look at a recent Singapore case where the court took into account the Tripartite Guidelines on Wrongful Dismissals in finding that an employer lacked sufficient cause in dismissing a pregnant employee under section 84(1)(b) of the Employment Act. Click here to read a summary of the case. Over … Read more

Asia Employment, Pensions and Incentives Update: February 2024

Our February e-bulletin begins with a look at a recent Hong Kong case, Hum Matthew Ta v Allied Way Security Management Limited  [2024] HKDC 134. The court dismissed an employee’s claim for wrongful dismissal against his former employer, finding that the employee’s unauthorised absence from work provided a valid reason for summary dismissal. Click here … Read more

ASIA: POST EMPLOYMENT RESTRAINTS

ASIA: POST EMPLOYMENT RESTRAINTS Post-employment restraints often cover non-competition with the former employer, non-solicitation of the former employer’s employees, and non-solicitation of the former employer’s clients, customers and vendors. This month, we consider the enforceability of such clauses across the region. Questions Singapore Hong Kong PRC Thailand Indonesia Are post-employment restraints enforceable? Post-employment restraints are … Read more

HONG KONG: UNAUTHORISED ABSENCE BY AN EMPLOYEE MAY JUSTIFY A SUMMARY DISMISSAL

The District Court in Hum Matthew Ta v Allied Way Security Management Limited [2024] HKDC 134 recently dismissed an employee’s claim for wrongful dismissal against his former employer. The employee claimed that his employment had been terminated and, on that basis, decided not to return to work. The Court found that the employer did not … Read more

Asia: Retirement-related obligations

Asia’s diverse landscape, with its unique retirement-related obligations in each jurisdiction, poses challenges in formulating a harmonised retirement policy. This article explores the statutory retirement ages and re-employment obligations across Asia, offering a guide to understanding the intricacies of the region’s retirement landscape. Questions Singapore PRC Japan Hong Kong South Korea Taiwan Is there a … Read more

Hong Kong: navigating the rapidly changing working world – what to consider when varying contractual terms

From our recent Future of Work Report 2023: Balancing Acts, we can see that the commercial landscape continues to evolve rapidly, and employers may find themselves confronted with changes ranging from technological advancements in AI to organisational restructuring. In these circumstances, employers may need to amend existing employees’ employment contracts to effectively manage their operations … Read more

Asia Employment, Pensions and Incentives Update: October 2023

This month’s update covers the following: We look at a recent Singapore case where an employer was found liable for wrongful termination, but was entitled to recover relocation benefits paid to an employee who failed to relocate. Click here to read a summary of the case. Over in Mainland China, the local authorities in Shanghai … Read more

Asia Employment, Pensions and Incentives Update: August 2023

This month’s update covers the following: We look at recent updates in major cities across Mainland China, including changes in contribution bases for social insurance and housing fund in Beijing, extrajudicial commentary on specific employment issues in Shanghai and the implementation rules on the application of employment contract law in Tianjin. Click here to see … Read more