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

INDONESIA: KEY EMPLOYMENT ISSUES WHEN HIRING AN EMPLOYEE WITHOUT A LOCAL ENTITY

It is theoretically possible for a foreign entity to engage an employee to perform work in Indonesia. While the employment will generally be subject to employment laws in Indonesia, the specific circumstances of the engagement will determine that. This update sets out the key employment issues to consider. Whether Indonesian employment law applies to the … Read more

Asia Employment, Pensions and Incentives Update: January 2024

Happy New Year and Gong Xi Fa Cai to all our clients. We hope you enjoyed a delightful Christmas and New Year’s break, and are eagerly anticipating the upcoming Chinese New Year celebrations. To kick off our first e-bulletin of the year, the Malaysian Court of Appeal recently ruled that a director, despite their title … Read more

Indonesia: New Golden Visa scheme for foreign investors

On 22 August 2023, Indonesia introduced its ‘Golden Visa’ scheme. Under Minister of Law and Human Rights (MOLHR) Regulation No. 22 of 2023 on Visas and Stay Permits (Reg 22/2023), foreign investors may be eligible for visas lasting up to five or ten years, depending on the value of their planned investment in Indonesia. Golden … Read more

Indonesia: new regional minimum wage framework

On 10 November 2023, the Government introduced a new regulation amending the regional minimum wage framework.  This is anticipated to increase regional minimum wages that will apply from 2024. The below update looks at these changes and what it means for employers. Background In Indonesia, minimum wages are set at the regional level (ie at … 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: September 2023

This month’s update covers the following: We look at the Digital Personal Data Protection Act, 2023 (DPDPA), India’s first comprehensive data privacy legislation. While the effective date of the legislation has not yet been announced, employers will need to consider how the law may impact the way they manage employee data. Click here to find … 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