This month in our comparative table here, we consider the legal obligations on employers considering a transfer of business/undertaking, focussing on the position in Singapore, Hong Kong and Japan.
It is common for employers to include restraint of trade provisions in employment contracts. However, such provisions are generally unenforceable unless it can be shown that there is a legitimate proprietary interest to protect and the restraint goes no further than is reasonably necessary to protect that interest. In Powerdrive Pte Ltd (“Powerdrive”) v Loh Kin Yong Philip and others  SGHC 224, Powerdrive sought to enforce a restraint of trade provision against five of its former employees who had joined a competitor. The Singapore High Court held that that the restraint of trade provision relied upon by Powerdrive was too wide and therefore unenforceable. Continue reading
In part one of our comparative table here, we consider whether employers may offer benefits to LGBTI employees and their spouses/partners in Singapore, Hong Kong and China.