Australia: Safety Snapshot – February 2018

For recent developments and trends in safety, click here and see our latest Safety snapshot.

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Filed under Jurisdiction: Australia, Uncategorized, Workplace Health and Safety

South Korea: Compliance Check – Korean Labor Management Council

Certain employers operating in Korea are required to have a Labor Management Council (LMC). The purpose of the LMC is to promote harmonious relations between companies and their employees by providing a consultative body utilised by both employees and the company.

We discuss the key requirements of an LMC below.

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia, Workplace Health and Safety

APAC: Managing Employee Personal Information

An organisation’s obligations in respect of managing personal information vary greatly from country to country. We consider the different obligations employers have around the region in relation to collecting, using and storing employee data.

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Filed under Data protection and privacy, Jurisdiction: Asia

China: How to Approach Employee Dismissals

Under PRC law, an employment contract can be terminated in three main ways, namely resignation by the employee, unilateral termination by the employer, or mutual separation. While resignation by the employee is generally straightforward, while other paths to termination must be manged carefully to mitigate risk. We recap the key points to consider with each approach to termination.

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Filed under Jurisdiction: Asia, Redundancy, Termination of employment

Thailand: Preparing Valid Warning Letters

Thai labour law provides that in the event that an employee violates an employer’s work rules, regulations or orders in circumstances where the employer has previously issued a warning letter to the employee in respect of the same violation, the employer may terminate the employee’s employment without severance pay. However, the Courts have on occasion awarded an employee severance pay where a warning letter issued was found not be valid. Some key considerations for employers when issuing a warning letter to the employee are discussed below.

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Filed under Jurisdiction: Asia, Termination of employment

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 legislation. The Labour Department has committed to taking continued enforcement action against employers and responsible individuals to ensure compliance as well as sustained measures to increase employee awareness of their rights and avenues for remedy under labour legislation.

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

Australia: Proposed changes to the HVNL

The Heavy Vehicle National Law and Other Legislation Amendment Bill 2018 (the Bill) was introduced into Queensland Parliament yesterday to amend the Heavy Vehicle National Law Act 2012 (Qld) (the Act). A copy of the Bill can be found here.

The HVNL is national scheme legislation that, once commenced in Queensland, will apply in all participating states and territories. All states and territories in Australia except for Western Australia and the Northern Territory have adopted the Act.

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Filed under Jurisdiction: Australia, Workplace Health and Safety

EU: Data Use – Protecting a critical resource

Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data are vulnerable to leaks that can cause widespread damage, and their true value is only realised once they have been processed and refined. They are, however, an almost infinite resource when compared with the finite supply of oil.

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Filed under Data protection and privacy, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Resources

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 of jobs, but specific proposals are largely limited to better information about and enforcement of rights; decisions on substantive changes to rights have mostly been deferred for yet more consultation.  The press release only mentions firm proposals for the following new rights: 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: Sex discrimination – Fawcett Society’s reform proposals

The Fawcett Society has published its Sex Discrimination Law Review, calling for:

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)