Tag Archives: redundancy severance payments

Asia Employment, Pensions and Incentives Update

Authors: Fatim Jumabhoy, Partner, Singapore, Rebecca Lim, Associate, Singapore, Tess Lumsdaine, Senior Associate, Hong Kong Our penultimate e-bulletin of the year, looks at some interesting developments across the region.

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Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Terms of employment contracts, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

UK: Redundancy – EAT rules on approach to suitable alternatives

Employers considering withholding a statutory redundancy payment, on the ground that they have offered a suitable alternative job which has been refused, should encourage employees to disclose any reasons they have for rejecting the alternative offered prior to a final … Continue reading

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Filed under Jurisdiction: UK, Redundancy

Spain: Increase in the basis used to calculate the severance payment for dismissal

On 3 May 2017, the Spanish Supreme Court (the “Supreme Court”) issued a judgment in which it declared that employer’s contributions to (i) medical insurance policies; (ii) life insurance policies; and (iii) pension plans, should be treated in the same way … Continue reading

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Filed under Jurisdiction: Spain, Redundancy, Remuneration (including bonus and incentive plans), Termination of employment

Hong Kong: The labour policy promises of the new Chief Executive

On 26 March 2017, Carrie Lam Cheng Yuet-ngor was elected as the city's next (and first female) chief executive, after winning 777 votes from a 1,194-member election committee. In a 520-page manifesto, Carrie Lam set out her policy campaign including, … Continue reading

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

Asia: Mutual separations and exiting employees

HR practitioners and in-house counsel have often had to think about mutual separations as a way to 'exit' employees. This month, we take a look at some frequently-asked questions in Singapore, Hong Kong, Japan, China, Indonesia and Thailand.

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Filed under Jurisdiction: Asia, Redundancy, Termination of employment

UK: Voluntary redundancy – excluding employee eligible for early retirement is prima facie age discrimination

The EAT has confirmed that excluding an employee who is eligible for early retirement from voluntary redundancy, due to the higher severance costs, is prima facie discrimination on grounds of age. The employer could not argue that the reason, severance … Continue reading

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

Spain: Individual dismissals and calculation of severance pay and processing salaries

In its decision 75/2011, dated 1 May 2012, Labour Court 3 of Pamplona clarifies the method for calculating severance payments for unfair dismissal. The case refers to an employment contract that was entered into before 12 February 2012 (the date … Continue reading

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Filed under Jurisdiction: Spain, Termination of employment

UK: Voluntary redundancy/early retirement: employers may be able to set budget and use severance cost as a criterion for selection of volunteers

An employer may be justified in selecting those with the cheapest entitlements under a voluntary redundancy/early retirement scheme when seeking to reduce headcount within a fixed budget, despite the indirectly discriminatory effect on a particular age band. In this case the … Continue reading

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