France: Transfer of employees between group companies – an update

1.    Previous practice Previously, transferring French employees to another group company (whether in France or overseas) with their consent was a fairly simple process, involving a simple tri-partite agreement between the employee, the existing group company in France and the… Read more

Europe: ECJ rules that obese employees may be disabled

In a decision on 18 December 2014[1], the European Court of Justice (ECJ) has recognised that obesity can, in certain circumstances, entail limitations amounting to a disability for the purposes of the European Directive 2000/78 establishing a general framework for equal treatment… Read more

Asia Pacific: Paying out of accrued annual leave

Where there has been a transfer of employment, we compare the rules in Australia, New Zealand, Singapore, Malaysia and Indonesia in relation to what happens to an employee’s accrued but untaken annual leave. That comparison can be seen here. Read more

Singapore: Breach of confidentiality and confidence claim

This case revolves around Four Ex-Employees leaving the claimant company, Clearlab SG Pte Ltd ("Clearlab") and joining a rival company, Aquilus Lens International Pte Ltd ("Aquilus"); the key issue is a breach of confidence and the use of confidential information.… Read more

Hong Kong: China intensifies anti-corruption drive

Proposed amendments to the Criminal Law give President Xi Jinping further powers in his fight against corruption in China. Once they are passed by the National People’s Congress, the new laws will provide further evidence of an ongoing policy shift… Read more

Australia: Termination clauses in senior executive contracts

The Supreme Court of Western Australia has awarded a Managing Director in excess of AUD$1.5 million in damages for wrongful dismissal. The decision serves as a helpful reminder of the importance of carefully drafted termination clauses in senior executive contracts.… Read more

UK: Executive remuneration and share plans

Following a busy year for executive remuneration and share plans, this briefing sets out an overview of some of the most topical issues that we are currently discussing with clients. ... Read more

USA: Highest ever SEC whistleblower bounty awarded

On September 22, the SEC reported that it expected to provide an award of more than $30 million to a whistleblower who provided key information which led to a successful SEC enforcement action. The award is the highest made by… Read more

Spain: 2012 Labour Market Reform declared constitutional

In a judgment dated 16 July 2014, the Spanish Constitutional Court rejected, by a large majority, an appeal lodged by the Parliament of Navarra in which it requested that three provisions of the 2012 Labour Market Reform be declared unconstitutional.… Read more

Japan: New measures to prevent death due to overwork

The Government has enacted legislation to promote measures to prevent death due to overwork. Japan is notorious for its overtime working culture. Karoushi (literally, death due to overwork) is a common phenomenon among Japanese working men. There are generally two… Read more

Hong Kong: E-signatures and paperless contracts

In Hong Kong, employers are increasingly turning to the use of electronic signatures (or "e-signatures") as a more efficient means of entering into binding employment contracts, particularly as they think about ways to improve and streamline their recruitment processes. E-signatures… Read more