Tag Archives: overtime

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

Leave a Comment

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)

Taiwan: Further Changes to the Labor Standards Act

Prompted by criticisms from both employers and employees to its amendments to the Labor Standards Act (the “Act”) in December 2016 (the “first amendments”), the Taiwanese Government proposed further revisions to the Act (the “further amendments”), less than a year … Continue reading

Leave a Comment

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

UK: Statutory holiday pay must take account of voluntary overtime

The EAT has upheld first instance tribunal decisions that the calculation of statutory holiday pay (for the 4 weeks’ EU-derived holiday) should reflect voluntary overtime, voluntary standby and voluntary call out payments, provided that the work has been undertaken with … Continue reading

Leave a Comment

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

Japan: 45 hour overtime cap proposed

On 5 June 2017, the committee deliberating on the proposal to cap overtime made a written submission to the Minister of Health, Labour and Welfare proposing to cap overtime to 45 hours a month, with an annual cap of 360 … Continue reading

Leave a Comment

Filed under Jurisdiction: Asia, Workplace flexibility and family-friendly rights, Workplace Health and Safety

Japan: Combatting the overtime culture

Currently, employers are in principle prohibited from causing employees to work more than 8 hours a day or 40 hours a week. Subject to a Labour Management Agreement being entered into with a union consisting of more than half the … Continue reading

Leave a Comment

Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace Health and Safety

UK: Gender pay gap reporting – revised final Acas/GEO Guidance published

A revised, final version of the non-statutory guidance by Acas and the Government Equalities Office was published on 3 April 2017, available here.  Although the GEO had indicated that no substantive changes were expected to the original draft published a few days … Continue reading

Leave a Comment

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

Asia: Overtime and time off in lieu

A recent trend in relation to overtime is for employers to grant time off in lieu instead of paying overtime. This can be confusing in Asia as the ability of employers to do so varies from jurisdiction to jurisdiction. This … Continue reading

Leave a Comment

Filed under Jurisdiction: Asia

Asia: Human rights – modern slavery and labour issues

Concerns in relation to “modern slavery” are increasingly important for businesses to recognise. This is especially so in Asia, where poor enforcement mechanisms and unfamiliarity with employee rights often result in exploitative working conditions. What can companies do to ensure … Continue reading

Leave a Comment

Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia

UK: First instance rulings that statutory holiday pay must reflect voluntary overtime

A couple of first instance employment tribunal judgments have ruled that the calculation of statutory holiday pay (for the 4 weeks' EU-derived holiday) should include an element for voluntary overtime, voluntary standby and voluntary call out payments, provided that the … Continue reading

Leave a Comment

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

UK: Holiday pay – Northern Irish ruling that employers may need to include voluntary overtime pay in calculation

In Patterson v Castlereagh BC the Northern Irish Court of Appeal has given its view that, in principle, voluntary overtime pay may need to be included in the calculation of holiday pay for the 4 weeks' EU statutory holiday. This … Continue reading

Leave a Comment

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