Asia Employment, Pensions and Incentives Update: April 2024

Asia Employment, Pensions and Incentives Update: April 2024

Our e-bulletin this month begins with a look at a recent Singapore case where the court took into account the Tripartite Guidelines on Wrongful Dismissals in finding that an employer lacked sufficient cause in dismissing a pregnant employee under section 84(1)(b) of the Employment Act. Click here to read a summary of the case.

Over in Mainland China, we look at the latest cases and judicial reports concerning women’s employment rights, including the Work Report on the Trial of Labour Disputes Involving Female Employees from 2018 to 2023 published by the Suzhou Intermediate People’s Court. Click here for more details.

In Hong Kong, the court in Tahoe Life Insurance Company Ltd v Cheung Wai Yi [2024] HKCFI 782 recently granted an employer’s application for an interim injunction to prevent a former employee from disclosing confidential emails and documents that the former employee sent to her personal email accounts. Click here for a summary of the case.

Our Compliance Check this month considers the requirements for termination of employment on the basis of just cause in the Philippines. Click here to make sure your company is compliant. This month’s Asia comparative article compares the legal requirements around flexible working arrangements across Singapore, Hong Kong, Indonesia, Malaysia and Mainland China in today’s post-Covid world. Click here to compare the rules.

We recently hosted seminars on managing workplace investigations for financial institutions in our Hong Kong and Singapore offices. The seminars drew insights from our employment and financial regulatory teams, and discussed interaction between internal and external investigations, if and when conduct needs to be reported to the regulator, how disciplinary actions might impact fit and proper assessment, and reference check obligations. If you missed them, you can access the recordings for Hong Kong here and for Singapore here.

We are also thrilled to announce that the Indonesia launch of our Asia Pacific Employment Law Guide 2023/2024 will now take place on 8 May. If you are based in Jakarta or know of someone based in Jakarta who would like to attend the launch and get a copy of the Guide, please do sign up here.

To all of our clients, we wish you Eid Mubarak – enjoy the festivities!

Fatim Jumabhoy
Managing Partner, Singapore
Head of Employment, Pensions & Incentives, Asia

 

Key Contacts

Nurul Ayu Fajarani

Wei-Liang Chan


Disclaimer

Herbert Smith Freehills LLP has a Formal Law Alliance (FLA) with Singapore law firm Prolegis LLC, which provides clients with access to Singapore law advice from Prolegis. The FLA in the name of Herbert Smith Freehills Prolegis allows the two firms to deliver a complementary and seamless legal service.

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