Working hours (including holiday, sick leave, overtime, rest breaks)

Australia: What employers need to know about upcoming changes to long service leave in Victoria

Victoria introduces new Long Service Leave Act 2018 (Act) In our previous post here, we discussed the proposed changes to existing long service leave entitlements for Victorian employees. Since then, minor amendments to the Bill were introduced and on 8 … Continue reading

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Filed under Jurisdiction: Australia, Terms of employment contracts, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

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

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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)

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

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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

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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)

Singapore: Amendments to the Singapore Employment Act

Following a public consultation on the review of the Singapore Employment Act (the “EA”), the Ministry of Manpower (“MOM”) announced on 5 March 2018 that amendments to the EA will be implemented effective 1 April 2019.

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Filed under Business sales/transfers, Employment-related claims- procedure and form, Jurisdiction: Asia, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

UK: working time rights and injury to feelings awards

Two recent cases have established that tribunals cannot award compensation for injury to feelings where a worker is prevented from exercising his working time rights, but can do so where he claims detriment for refusal to comply with an instruction … Continue reading

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

UK: No short cuts when calculating holiday pay for casual workers

The EAT in Brazel v The Harper Trust has ruled that employers must calculate holiday pay for term-time (or other casual) workers using the normal rate of pay averaged over the 12 weeks prior to holiday being taken, in accordance … Continue reading

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

Hong Kong: Labour Department Enforcement Actions in 2017

The Legislative Council Panel on Manpower has released a report on enforcement actions taken by the Labour Department during 2017 (Paper) which shows an increase in the number of convictions for breaches of the Employment Ordinance (EO) and other labour … Continue reading

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Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Government responds to Taylor Review with ‘Good Work plan’

The government has this morning issued a press release announcing its response to the independent Taylor Review published last year (see our summary here). The government has given a general commitment to pursue quality of work in addition to number … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

UK: Working time rest breaks – compensatory rest must be one continuous period

Employers in certain sectors can rely on the exemption from the ordinary rest break requirements in the Working Time Regulations (or 20 minutes for every 6 hours worked) as long as they provide equivalent compensatory rest. The EAT has confirmed … Continue reading

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