Tag Archives: fixed-term

Japan: Increased Protection for Fixed Term Employees

In an earlier bulletin, we looked at a landmark Tokyo District Court decision that clarified the circumstances under which benefits given to permanent employees but not to fixed term employees could amount to “unreasonable differences” in labour conditions, which are … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts, Workplace culture, diversity and discrimination (including bullying and harassment)

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)

Spain: Broader restrictions in the use of subsequent fixed-term employment contracts

The Spanish Supreme Court (the ‘Supreme Court’) has confirmed that the employment relationship between a temporary employee and its employer may not be broken by a break in service of as long as three and a half months between two … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Spain

Japan: Conversion of fixed term employees to permanent employment

In a recent article published by the Ministry of Health, Labour and Welfare, the Ministry has clarified its position regarding the entitlement of dispatched workers who are employed on a fixed term basis to be converted to permanent employment upon … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia, Terms of employment contracts

France: The Loi Travail – Introduction

One of Emmanuel Macron’s key campaign promises was the reform of laws relating to employees partly, in order to help French companies respond in a more flexible manner to the challenges they are facing to become more competitive in the … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: France, Redundancy, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

Singapore: Focus on fixed-term employees

On 31 July 2017 the Tripartite Alliance issued the Tripartite Standard on Employment of Term Contract Employees (First Standard), (Tripartite Standards). The Tripartite Standards are the first of five new standards seek to encourage fair and progressive labour practices in … Continue reading

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

Malaysia: Limit of liability for fixed-term contracts

In the case of Malayan Banking Berhad v Mahkamah Perusahaan Malaysia & Anor [2016] MLRHU 1, the High Court in Malaysia ruled that, in an action for unfair dismissal, a fixed-term contract employee may only claim back wages in relation … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts

Singapore: Compliance check – contract workers

The Singapore Ministry of Manpower has recently issued new guidelines in relation to contract workers as part of the drive to protect such workers from abuse. With a growing emphasis on such protection in Asia, employers should ensure that they … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts

Japan: Non-renewal of fixed-term employment contract not justified by redundancy of role

Generally, when fixed-term employees have been continuously employed by the same employer for a number of years and the fixed-term contract has undergone many renewals, the fixed-term employees will essentially be treated like permanent employees under the eyes of the … Continue reading

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Filed under Jurisdiction: Asia

UK: Employers can face ‘series of acts’ detriment claims from fixed-term employees where treatment spans a number of discrete fixed-term contracts

Where a fixed-term or part-time employee is subjected to less favourable treatment in the form of a series of similar acts or failures, the time limit for bringing a claim is three months from the last in the series. The … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK