Navigating employment disputes in China can be a complex task, given the evolving interpretations of law and the wide variety of local practices. In this update, we look at three cases on social insurance and termination of senior employees’ employment.
Statute of limitations on social insurance recovery
Case Summary:
Employee H joined Company A before
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Indonesia: new regional minimum wage framework
On 10 November 2023, the Government introduced a new regulation amending the regional minimum wage framework. This is anticipated to increase regional minimum wages that will apply from 2024. The below update looks at these changes and what it means for employers.
Background
In Indonesia, minimum wages are set at the regional level (ie at…
Malaysia: Anti-Sexual Harassment Act 2022
Malaysia recently introduced the Anti-Sexual Harassment Act 2022 (ASHA) which, once fully implemented, will provide an avenue for an individual to bring a sexual harassment claim against another individual before a specially constituted tribunal. While the tribunal has yet to be set up, several provisions of the ASHA have taken effect since March 2023.
Background…
Hong Kong: navigating the rapidly changing working world – what to consider when varying contractual terms
From our recent Future of Work Report 2023: Balancing Acts, we can see that the commercial landscape continues to evolve rapidly, and employers may find themselves confronted with changes ranging from technological advancements in AI to organisational restructuring. In these circumstances, employers may need to amend existing employees’ employment contracts to effectively manage their…
Asia: surveillance and monitoring at work
88% of employers we surveyed as part of our Future of Work Report 2023: Balancing Acts said that they have implemented new technology solutions with workforce implications, including electronic monitoring technologies. Employers know monitoring and surveillance can be unpopular and more than a third (38%) expect it to be a key trigger of activism in…
UK: regulations have been made to bring the Carer’s Leave Act into force
Regulations have been made bringing the Carer’s Leave Act 2023 into force on 4 December 2023. The Act adds new provisions to the Employment Rights Act 1996 to give employees a day one right to one week’s unpaid leave (pro-rated) each year to provide or arrange care for a dependent with a long-term care need.…
UK: round-up of progress on employment legislation reforms
The last few months since our August round-up have seen considerable progress on a number of employment law reform initiatives, largely through enactment of Private Members’ Bills supported by the Government in place of any Employment Bill (which again was absent from the recent King’s Speech). Employers will need to reflect many of these in…
UK: EU discrimination case law to be enshrined in legislation to ensure rights retained post 1 January 2024
The Government has published draft regulations amending the Equality Act 2010 in order to reproduce in domestic law rights and protections developed by EU case law (which might otherwise be departed from by domestic courts after 1 January 2024, pursuant to the Retained EU Law (Revocation and Reform) Act 2023). The Equality Act will be…
UK: Government announces reforms to working time rules on holiday and TUPE
The Government has this week published its response to recent consultations (see here) on proposed changes to the Working Time Regulations (WTR) and TUPE. It aims to take advantage of Brexit to remove some administrative complexity for employers while also codifying certain worker rights established through ECJ caselaw (which could otherwise be reversed following 1…
Asia Employment, Pensions and Incentives Update: October 2023
This month’s update covers the following:
- We look at a recent Singapore case where an employer was found liable for wrongful termination, but was entitled to recover relocation benefits paid to an employee who failed to relocate. Click here to read a summary of the case.
- Over in Mainland China, the local authorities in Shanghai
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