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

UK: workers may be entitled to carry over statutory holiday if they have not been encouraged to take it

The ECJ has ruled that workers cannot be deprived of paid statutory holiday entitlement on the termination of employment or at the end of a particular reference period or authorised carry-over period, unless the employer has ensured “specifically and transparently” … Continue reading

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

UK: Discrimination – tax treatment of compensation, zero hours claims, and equal pay comparators

In Pettigrew v HMRC the First Tier Tribunal has held that settlement payments made by reference to underpaid past earnings arising out of a claim of discrimination against part-time workers were fully taxable as employment income. The appellant referred to … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Disability discrimination – need to consider possible link between misconduct and an employee’s disability before deciding disciplinary action

When disciplining a disabled employee, employers need to consider carefully whether they should obtain medical evidence on any possible link between the employee’s actions and their disability. The Court of Appeal has upheld a tribunal ruling that an employer was liable … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

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

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)