Jurisdiction: Asia

Hong Kong: Warning on Potentially Anti-Competitive Employment Practices

The Hong Kong Competition Commission (the “Commission“) recently released an advisory bulletin indicating that it has encountered a number of situations where businesses have engaged in employment-related practices which may give rise to competition concerns. Our employment and competition teams … Continue reading

Leave a Comment

Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans)

Asia: Using Incentives to Effectively Retain Key Employees

Effective remuneration and incentive models are crucial to ensuring that management teams and key personnel are incentivised to stay with the business and contribute to its on-going success. This is a particular concern for investors following an acquisition. There are … Continue reading

Leave a Comment

Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans)

APAC: Dismissal for Poor Performance

This month we consider some common questions when considering the dismissal of poor performing employees. First off we look at the position in key jurisdictions in North Asia.

Leave a Comment

Filed under Jurisdiction: Asia, Termination of employment

China: Implementation Measures for Foreign Talent Visas (R Visas)

On 28 November 2017, the State Administration of Foreign Experts Affairs (SAFEA), the Ministry of Foreign Affairs (MFA) and the Ministry of Public Security (MPS) jointly issued the Implementation Measures for Foreign Talent Visas (Measures). The Measures provide the standards … Continue reading

Leave a Comment

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

Japan: Differing Conditions Between Permanent and Fixed Term Employees

On 14 September 2017, the Tokyo District Court interpreted and applied the meaning of “unreasonable differences” to the benefits enjoyed by permanent and fixed term employees at Japan Post. The decision provides guidance on which benefits are exclusively available to … Continue reading

Leave a Comment

Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Working hours (including holiday, sick leave, overtime, rest breaks)

Hong Kong: The Requirement of Being ‘Fit and Proper’

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these requirements will apply to certain individuals who are subject to the oversight of financial services regulators such as … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: Asia, Protection of business interests (including restrictive covenants and confidential information)

APAC: Managing Employee Personal Information Part 2

We continue our review of the different obligations employers have around the region in relation to collecting, using and storing employee data by looking at some further common issues.

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: Asia

South Korea: Compliance Check- Working Hours

The National Assembly has approved amendments to the Labour Standards Act to reduce the total working hours over a 7 day period from 68 hours to 52 hours. This change further demonstrates the government’s crackdown on long working hours, and … Continue reading

Leave a Comment

Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks)

India: Maharashtra Adopts Model Shop and Establishments Legislation

By way of the Maharashtra Shops and Establishments Act, 2017, the state of Maharashtra has adopted the Central Government’s model legislation intended to increase the ease of doing business and boosting employment opportunities for women. The Act represents significant reform … Continue reading

Leave a Comment

Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

Philippines: Crack Down on Contracting

The Philippines Government has been stepping up its efforts to crack down “labor-contracting” to protect workers’ rights, as evidenced by the increase in its monitoring and enforcement actions. It is necessary for companies to ensure that service contractors and sub-contractors … Continue reading

Leave a Comment

Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia