China looks to tighten labour rules

China's concern for social stability is reflected in two recent draft labour law rules issued for public comment. The effect will be to increase HR costs for some employers. The two recent drafts, which concern labour dispatch practices and labour disputes, are: Labour Contract Law draft amendments, circulated for comment by the Standing Committee of … Read more

Malaysia: Employment Act amendments and minimum wage

Several amendments to Malaysia’s Employment Act (EA) came into operation on 1 April 2012. Key changes include a new sexual harassment regime, the extension of maternity leave entitlements, notification requirements for a foreign employee’s termination of employment and personal liability for officers of corporate entities. The wages threshold which determines whether the EA applies to … Read more

Case law developments on outsourcing and contract labour in Indonesia and Korea

The ability to use atypical workers through outsourcing or labour hire as a device for employers to avoid employment costs and liabilities is becoming more limited in Asia through increased regulation and also through case law developments. In Indonesia, outsourcing has been restricted by the Constitutional Court declaring the use of fixed term employment agreements … Read more

UK: Partners – LLP equity member may be “worker”; Lawson v Serco test on territorial jurisdiction applied to discrimination and whistleblowing claims

The EAT has ruled that a (junior) equity partner of a law firm, who was entitled to a profit-related element of remuneration and a guaranteed level of remuneration, was a "worker" of the firm and therefore eligible to claim whistleblowing protection. Because the EAT considered that the partner was working for the firm, was in … Read more