On 15 December 2018, Decree No. 148/2018/ND-CP (“Decree No. 148”) came into effect. Decree No. 148 introduced amendments to Decree No. 05/2015/ND-CP, the legislation designed to provide guidance on the implementation of the Labor Code. The key changes are explained below. Continue reading
Category: Terms of employment contracts
On Monday 17 December 2018, the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amending Regulation) was registered and took effect from 18 December 2018. The Amending Regulation amends the Fair Work Regulations 2009 (Cth). The Amending Regulation is intended to apply where an employee has mistakenly been classified as a casual employee and is claiming NES entitlements, even though they have received a casual loading in lieu of those entitlements. The purpose is to ensure double-dipping does not occur. Continue reading
Late on Wednesday 5 December 2018, the Fair Work Amendment (Repeal Four Yearly Review and Other Measures) Bill 2017 (Bill) was passed by both houses of Parliament The Bill received royal assent on 11 December 2018 creating a Commencement Date of 12 December 2018.
The Bill focusses on three key areas: Continue reading
In our previous Legal Briefing we discussed the flurry of recent activity with plaintiff-focussed litigation funders and law firms instituting and threatening to commence class action claims in the mining, direct sales and marketing, and labour hire sectors over the alleged underpayment of employees who have been misclassified as “casual” employees.
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 below. Continue reading
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 than is reasonably necessary to protect that interest. In Powerdrive Pte Ltd (“Powerdrive”) v Loh Kin Yong Philip and others  SGHC 224, Powerdrive sought to enforce a restraint of trade provision against five of its former employees who had joined a competitor. The Singapore High Court held that that the restraint of trade provision relied upon by Powerdrive was too wide and therefore unenforceable. Continue reading
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.
Over the past decade at least, many businesses have become alert to the burgeoning trend of class action law suits in Australia. Class actions, for example, have been commonly used to litigate shareholder actions and product liability claims. But until recently, they have been rarely used in the context of employment related disputes.
Read our latest article which provides an overview of recent developments in employment class actions by clicking here.
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.