Asia Employment, Pensions and Incentives Update June 2020

As workplaces are slowly beginning to re-open, new challenges arise for employment law and HR teams. Our Asia Employment, Pensions and Incentives update this month looks at:

  • the various measures introduced by the Department of Labour and Employment measures introduced in the Philippines, to preserve employment during the Covid-19 pandemic
  • the conflicting views around whether the disruption caused by Covid-19 is sufficient excuse for missing the filing deadline for an unfair dismissal claim in Malaysia
  • guidance on retrenchment benefits payable to employees who are retrenched as a result of Covid-19, in Singapore
  • reducing post-pandemic economic burdens in the PRC, in our first dual-language article
  • our Compliance Check this month, which looks at the health and safety obligations in Indonesia, and
  • our Comparative Article that considers the employment obligations arising from a business transfer, comparing the positions in Singapore, Malaysia, the Philippines, Thailand and Indonesia.

If you missed the webinar hosted by Fatim Jumabhoy and Drew Pearson on safe return to work in Australia, and what employers need to do to prepare for reopening, you can access the recording here. As part of Pride month, our next webinar on the 30th June will discuss LGBTQ+ protections in the workplace. For more details, please contact Nawarat Tippawang.

As always, do reach out if we can assist with your employment law issues across the region.

 

 

Fatim Jumabhoy
Fatim Jumabhoy
Partner, Singapore
+65 6868 9822
Narendra Adiyasa
Narendra Adiyasa
Partner, Jakarta
+62 21 3973 8000
Tess Lumsdaine
Tess Lumsdaine
Senior Associate, Hong Kong
+852 2101 4122
Rebecca Lim
Rebecca Lim
Associate, Singapore
+65 6868 8063
Gillian Miao
Gillian Miao
Counsel, Mainland China
+86 21 2322 2325

Asia Employment, Pensions and Incentives Update April 2020

We hope our readers are staying well through this difficult period and adjusting to the new work from home arrangements.

Our Asia Employment, Pensions and Incentives update this month looks at:

  • what constitutes redundancy in New Zealand,
  • the decision in National Legal Service Authority vs Union of India and what it means for transgender employees in the work;
  • the circular issued by the Philippines Economic Zone Authority for IT enterprises in relation to changes to alternate work arrangements during the pandemic; and
  • our compliance check this month, which considered the changes in Singapore to the advertising requirements when hiring foreign workers and shows a continued move towards strengthening the local workforce.

In addition, as our breakfast seminars have been put on hold, we have been recording webinars to keep clients updated on key developments.

Our first webinar looked at measures introduced in the PRC to assist companies impacted by Covid-19 and also discussed the key requirements and restrictions around redundancies. You can listen to that webinar here.

Our second webinar looked at the proposed reforms to the employment landscape as part of the Omnibus Bill in Indonesia. Listen to proposed reforms here.

 

 

Fatim Jumabhoy
Fatim Jumabhoy
Partner, Singapore
+65 6868 9822
Narendra Adiyasa
Narendra Adiyasa
Partner, Jakarta
+62 21 3973 8000
Tess Lumsdaine
Tess Lumsdaine
Senior Associate, Hong Kong
+852 2101 4122
Rebecca Lim
Rebecca Lim
Associate, Singapore
+65 6868 8063
Gillian Miao
Gillian Miao
Counsel, Mainland China
+86 21 2322 2325

Asia Employment, Pensions and Incentives Update March 2020

Our Asia Employment, Pensions and Incentives update this month looks at:

  • our live webinar that discussed the continued impact of COVID-19 across the region and some of the challenges faced by businesses and organisations;
  • In Indonesia, the proposals outlined in the draft Omnibus Bill on Job Creation, including among other things, widespread changes to termination laws and payments;
  • the obligations in relation to final pay timelines and Certificates of Employment in the Philippines;
  • the data protection laws in Hong Kong that impact on social media screening;
  • our compliance check this month, which focuses on South Korea and the rules in relation to ensuring fixed term workers are given the same pay and benefits as permanent employees; and
  • our comparative article on the implementation of pre-employment psychometric test in PRC, India and Japan.

 

Fatim Jumabhoy
Fatim Jumabhoy
Partner, Singapore
+65 6868 9822
Narendra Adiyasa
Narendra Adiyasa
Partner, Jakarta
+62 21 3973 8000
Tess Lumsdaine
Tess Lumsdaine
Senior Associate, Hong Kong
+852 2101 4122
Rebecca Lim
Rebecca Lim
Associate, Singapore
+65 6868 8063
Gillian Miao
Gillian Miao
Counsel, Mainland China
+86 21 2322 2325

Asia Employment, Pensions and Incentives Update February 2020

Our Asia Employment, Pensions and Incentives update this month looks at:

 

Finally, we hope to reschedule the seminar that was cancelled in Singapore on 12 February. Please contact Fatim Jumabhoy for any questions or queries.


Fatim Jumabhoy
Fatim Jumabhoy
Partner, Singapore
+65 6868 9822
Narendra Adiyasa
Narendra Adiyasa
Partner, Jakarta
+62 21 3973 8000
Tess Lumsdaine
Tess Lumsdaine
Senior Associate, Hong Kong
+852 2101 4122

Asia Employment, Pensions and Incentives Update October 2019

The October monthly update looks at:

  • in Singapore, the upcoming changes to compensation limit increases in the Work Injury Compensation Act;
  • a recent regulation that widens the number of available positions that expatriate workers can hold in Indonesia;
  • a Hong Kong District Court decision that considered whether conduct justifying summary dismissal can act as a defence to a discrimination claim;
  • our Compliance Check that reminds employers of their obligations towards HIV and AIDS-positive employees in the Philippines;
  • a comparison between the laws relating to working hours and overtime in Malaysia, the Philippines and Vietnam.

Finally, a reminder to readers based in Kuala Lumpur and Jakarta – we will be holding events to support the upcoming launch of the Asia Pacific Employment Law Guide in Kuala Lumpur on 6 November and Jakarta on 13 November. If you would like to attend either of these events, please contact Chrysti Claudia Luckynelly at chrysti.luckynelly@hbtlaw.com.

Fatim Jumabhoy
Fatim Jumabhoy
Partner, Singapore
+65 6868 9822
Narendra Adiyasa
Narendra Adiyasa
Partner, Jakarta
+62 21 3973 8000
Tess Lumsdaine
Tess Lumsdaine
Senior Associate, Hong Kong
+852 2101 4122
Rebecca Lim
Rebecca Lim
Associate, Singapore
+65 6868 8063

Asia Employment, Pensions & Incentives Update

We hope our readers have had an enjoyable Easter break. As we all get back into the swing of work, our latest e-bulletin looks at some of the key developments across the region. Starting in the Philippines, we look at the move towards normalizing working from home, and the requirement to ensure the employees working flexible are granted the same benefits as office-based staff. Read more about that here. In Hong Kong we look at the recent decision of Pet Line Company v Wong Wei Hei which consider how employers can recover losses from delinquent employees. You can read the case summary here. Over in South Korea, moves continue to tackle workplace bullying and harassment with positive obligations to amend Work Rules to address these concerns. Read about the obligations here. Our compliance check this month reminds readers about their data protection obligations in China. Learn more about the requirements here. Finally, our Asia comparative article takes a look at the legal obligations on employers considering including probationary periods in employment contracts. You can access the comparison here.

Philippines: Working from home enshrined in legislation

On 20 December 2018 the Filipino President Duterte signed off on the Telecommuting Act, Republic Act No. 11165 (the Act), which has been informally dubbed the “working from home act”. The Act allows private sector employees to work flexibly from home or any place outside the office with an internet connection, in an effort to increase employee productivity, performance, job satisfaction, and to resolve issues of long commutes to office workplaces.

Continue reading