Asia Employment, Pensions and Incentives Update – November 2021

Our November update covers the following: the new Personal Information Protection Law in the PRC is discussed in our dual language update here  an overview of proposed amendments to the Employment Act in Malaysia, including maternity/paternity leave, the hiring of foreign employees and flexible work arrangements is available here  our summary of a recent Hong Kong … Read more

The Whistleblowing Directive (EU) 2019/1937: A review across the EU

The Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law (the “Whistleblowing Directive”) was introduced with the aim of establishing safe internal and external channels of reporting for whistleblowers within a variety of different organisations. Under the Whistleblowing Directive, both private and public organisations must provide … Read more

US: Federal Vaccine-or-Test Mandate Hits the Lottery System

A week after the Occupational Safety and Health Administration (OSHA) issued its long-awaited vaccine-or-test requirements, a panel of the Fifth Circuit Court of Appeals affirmed its stay of the November 5, 2021 OSHA mandate.  The panel found the federal mandate – which came in the form of a rare emergency temporary standard (ETS) and covers … Read more

COVID HEALTH PASS: A REVIEW ACROSS 33 JURISDICTIONS

There are many different rules and regulations governing how employees return to the physical workplace, following the upheaval of Covid-19, and how to ensure the health and safety of workforces. Do employees need to provide proof of a double vaccination, a negative test, or recent recovery from COVID-19?  The law is rapidly changing and varies … Read more

Asia: Employment, Pensions & Incentives Guide Launch – 24th November 2021

We are delighted to invite you to the launch of the latest edition of the Asia Pacific Employment Law Guide. The Guide provides a detailed overview of the laws of 22 jurisdictions (including the newly added Brunei chapter) around the region, answering the most commonly asked questions, including those relating to minimum terms and conditions, … Read more

UK: unionised employers can make direct offer of new terms to workers provided the collective bargaining process has been exhausted

The Supreme Court has ruled that a unionised employer’s direct offer of new terms to workers will not be an unlawful inducement to opt out of collective bargaining, provided the collective bargaining process has been exhausted. In Kostal UK Ltd v Dunkley the employer made two separate offers directly to workers after its offer had been … Read more

UK: dismissal for questioning a colleague’s competence in connection with a protected disclosure was not automatically unfair

Dismissal is automatically unfair where the principal reason for the dismissal is a protected disclosure.  Where employers take exception to the way in which a claimant makes their disclosure, or the surrounding conversations or conduct, the key issue becomes whether this can properly be separated, as the reason for dismissal, from the disclosure itself.  If … Read more

HONG KONG: WHO IS THE APPROPRIATE COMPARATOR IN DETERMINING UNLAWFUL DISCRIMINATION?

As discussed in our most recent Safety Snapshot, managing an employee’s return to work after an extended absence can be a difficult process. Without careful management, employers may breach discrimination protections afforded to employees. In a recent decision, the Court helpfully set out the guidance on how to avoid unlawful discrimination when selecting an employee … Read more

Asia Employment, Pensions and Incentives Update – October 2021

Our October update covers the following: the Enforcement Decree to the Serious Accident Punishment Act (SAPA) in South Korea, which provides guidance on key obligations in the SAPA – see our summary on the obligations for business owners and managerial personnel to prevent serious industrial accidents; in the PRC the Personal Information Protection Law will … Read more