New Zealand: Fair and reasonable dismissals

The New Zealand Court of Appeal has ruled on the standard for employers in justifying dismissal decisions, finding it requires an overall assessment of whether the decision was fair and reasonable in the circumstances. In A Ltd v H [2016]… Read more

Taiwan: Compliance checks – changes to Labor Standards Act

On 6 December 2016, a number of amendments to the Labor Standards Act (Act), relating to rest days, national holidays, annual leave, breaks between shifts, pay slips and whistle-blower protections, were passed by the Legislative Yuan in Taiwan. The amendments… Read more

Singapore: Mandatory retrenchment notifications from 1 January 2017

From 1 January 2017, employers will be required to notify the Ministry of Manpower of certain retrenchments. Employers should take note of this mandatory requirement, as currently the Tripartite Guidelines on Managing Excess Manpower and Responsible  retrenchment only encourage employers… Read more

UK: Consultation on reform to employment tribunals

The Department for Business, Energy and Industrial Strategy and the Ministry of Justice have jointly launched a consultation on reforming the employment tribunal system, seeking views on how proposals for reform of the wider court and tribunal system should be… Read more

UK: Final form regulations on gender pay gap reporting

The Government has published its long-awaited final form draft regulations on gender pay gap reporting. Subject to Parliamentary approval, the new requirements are due to apply to private sector employers with 250 or more employees from 6 April 2017.   A… Read more

Asia: Overtime and time off in lieu

A recent trend in relation to overtime is for employers to grant time off in lieu instead of paying overtime. This can be confusing in Asia as the ability of employers to do so varies from jurisdiction to jurisdiction. This… Read more

Thailand: Increase in minimum wage

Thailand’s nationally set daily minimum wage of 300 Baht (approximately US $9) is likely to change at the end of 2016. The Central Wage Committee has recently announced increases in the minimum daily wage for 69 of the 77 provinces… Read more

Asia: Human rights – modern slavery and labour issues

Concerns in relation to “modern slavery” are increasingly important for businesses to recognise. This is especially so in Asia, where poor enforcement mechanisms and unfamiliarity with employee rights often result in exploitative working conditions. What can companies do to ensure… Read more

Asia: Compliance checks – work rules

The end of the year is usually a good time for companies to take stock of the employee handbooks and policies they have in place and update them for the coming year. Many jurisdictions in Asia mandate employers to establish… Read more

Hong Kong: Which laws apply in cross-border employment?

The Macau Judicial Base Court recently held that Macau law (not Hong Kong law) governed an employment relationship between a Hong Kong citizen and his Hong Kong based employer, notwithstanding that the employment contract clearly stated that Hong Kong law… Read more

UK: New publications – introduction of judicial assessment

The President of the Employment Tribunals (England and Wales) has issued Presidential Guidance in force from 3 October, setting out a procedure for judicial assessment in the employment tribunal. Under this procedure, the employment judge will be able to give… Read more

China: social insurance for inter-regional employees

Companies conducting business across China may face problems paying social insurance premiums for employees working outside the locality where the company is registered. We explain the problems below, and provide best-practice recommendations. Social security payments for interregional employees Employers in… Read more

Asia: redundancy notifications

The current global economic slowdown has meant that companies have started to look at redundancies as a cost-saving measure. This month, we take a look at the requirements relating to redundancy notifications in Singapore, Malaysia, Indonesia, Hong Kong, China, Japan… Read more