Jurisdiction: Asia

Asia: comparative table on LGBTI benefits

In 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

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here.┬áTechnological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Remuneration (including bonus and incentive plans)

APAC: Background Checks

This month, we consider whether employers can conduct background checks by way of social media/internet searches on prospective employees, focussing on the position in Singapore, Hong Kong, Japan and South Korea.

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Filed under Data protection and privacy, Jurisdiction: Asia

Korea: Handling Employee Data

Under the Personal Information Protection Act (“PIPA”) any company which handles personal data will be deemed a ‘data handler’ and must comply with strict requirements. This includes employee personal data.

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Filed under Data protection and privacy, Jurisdiction: Asia

China: Compliance Check – Is Your Company Compliant with its Social Insurance Obligations?

Despite clear rules requiring both employers and employees to contribute to state social insurance schemes, many companies still remain in breach. In a crackdown intended to increase compliance, the tax authority will now be overseeing social insurance contributions.

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Filed under Jurisdiction: Asia

Thailand: Respecting Workers’ Rights

Human rights continue to keep the pressure on Thailand’s fishing industry, as forced labour and exploitation claims get increasing exposure. Human rights groups continue to report of coercive labour practices in Thailand, in particular, in the fishing industry. In 2015, … Continue reading

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

Malaysia: Reinstatement Must be Sought by Employees in Unfair Dismissal Claims

A recent decision of the Industrial Court of Malaysia has confirmed the position that in a claim for unfair dismissal, the primary remedy is reinstatement. If an employee does not seek reinstatement, the court has no further jurisdiction over the … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment