UK: rulings on worker status in gig economy

The Court of Appeal has upheld the EAT's ruling in Uber BV v Aslam that Uber drivers were workers on the basis that the written documentation seeking to establish them as independent contractors did not reflect reality; the drivers were… Read more

UK: employment law and migration on a deal/no-deal Brexit

The last few weeks have seen a flurry of publications providing a slightly clearer picture of the employment and immigration consequences of a Brexit deal or no-deal.  In addition to the final text of the draft Withdrawal Agreement setting out the arrangements… Read more

UK: voluntary reporting on disability and wellbeing

The Government has published a framework for large employers to report voluntarily on disability, mental health and wellbeing in their workplace. It suggests that employers publish a narrative explaining their activities in relation to the recruitment and retention of disabled… Read more

Hong Kong: Proposed changes to discrimination laws

On 30 November 2018, legislation was gazetted which proposes various amendments to the Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance and the Race Discrimination Ordinance. The proposed amendments reflect eight of the recommendations from the Equal Opportunities… Read more

Australia: The federal Modern Slavery Bill becomes law

The Modern Slavery Bill 2018 (Cth) (Bill) was passed into law on 29 November 2018. It is expected to commence in January 2019. The Bill creates an ongoing obligation for ‘Reporting Entities’ to file a modern slavery statement (Statement) - being a… Read more

EU: draft guidelines on GDPR extra-territoriality published

On 23 November 2018, the European Data Protection Board published its draft guidelines on Article 3 of the GDPR, being the provision that sets out the territorial scope of Europe's data protection legislation. The GDPR seeks (via Article 3) to extend… Read more

Thailand: Proposed Amendments to the Labour Protection Act

On 21 September 2018, the Minister of Labour announced the National Legislative Assembly's ("NLA") in principle approval of the draft amendment ("Draft Amendment") to the Labour Protection Act B.E. 2541 (1998) ("Act"). Key changes and implications for employers are discussed… Read more

Singapore: Restraint of Trade Provisions

It is common for employers to include restraint of trade provisions in employment contracts. However, such provisions are generally unenforceable unless it can be shown that there is a legitimate proprietary interest to protect and the restraint goes no further… Read more

UK: gender pay gap news

The Government Equalities Office has published a summary of the 2017/18 gender pay gap data submitted by employers as at May 2018, along with an Interim Gender Pay Gap Employer Insights Survey conducted at the end of 2017. The summary… Read more

Cambodia: Compliance Check – Mandatory Seniority Payments

Employees on undetermined duration contracts in Cambodia have previously been entitled to indemnity for dismissal payments upon termination by an employer (save in cases of serious misconduct). With effect from 1 January 2019, the indemnity will be replaced by a… Read more

Japan: Increased Protection for Fixed Term Employees

In an earlier bulletin, we looked at a landmark Tokyo District Court decision that clarified the circumstances under which benefits given to permanent employees but not to fixed term employees could amount to "unreasonable differences" in labour conditions, which are… Read more

South Korea: Labour Management Councils

The Act On The Promotion Of Worker Participation and Cooperation ("Act") requires that companies and their employees consult with each other in order to promote a harmonious work environment by establishing Labour Management Councils ("LMC"). This article examines what this… Read more