Jurisdiction: Asia

Compliance Check: Vietnam – Hiring Local Employees Without a Local Entity

There are complicated rules which govern when and how a foreign entity can operate in Vietnam without establishing a local entity. Companies should pay particular attention to employment structures in such circumstances.

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia

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 … Continue reading

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Filed under Business sales/transfers, Jurisdiction: Asia, Terms of employment contracts, Workplace flexibility and family-friendly rights

Hong Kong: Proposed Changes to Laws Impacting Employers

In the 2018 Policy Address on 10 October 2018, the Chief Executive of the HKSAR Carrie Lam announced several key proposals in respect of benefits available to employees under Hong Kong law.

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Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Workplace flexibility and family-friendly rights

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 … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts

Asia: Comparative Table on LGBTI Benefits – Part 2

In part two of our comparative table here, we consider whether employers may offer benefits to LGBTI employees and their spouses/partners in Thailand, Indonesia and Japan.

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Filed under Jurisdiction: Asia, Terms of employment contracts, Workplace culture, diversity and discrimination (including bullying and harassment)

Asia Employment, Pensions and Incentives Update

Authors: Fatim Jumabhoy, Partner, Singapore, Rebecca Lim, Associate, Singapore, Tess Lumsdaine, Senior Associate, Hong Kong Our penultimate e-bulletin of the year, looks at some interesting developments across the region.

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Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Terms of employment contracts, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

Asia: comparative table on LGBTI benefits – Part 1

In part one of our comparative table here, we consider whether employers may offer benefits to LGBTI employees and their spouses/partners in Singapore, Hong Kong and China.

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Filed under Jurisdiction: Asia, Terms of employment contracts, Workplace culture, diversity and discrimination (including bullying and harassment)

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 … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts

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 … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts, Workplace culture, diversity and discrimination (including bullying and harassment)

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 … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia