UK: statutory code on dismissal and re-engagement to change terms of employment expected to come into force 18 July 2024
Herbert Smith Freehills LLP » Employment
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2d ago
Update 24 April 2024: the statutory ‘fire and re-hire’ Code is now expected to be brought into force on 18 July 2024, as this is the date that a draft order adding protective awards to the list of claims for which a 25% adjustment to compensation can be made for breach (see below) will come ..read more
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US: transformational changes to US labor and employment law?
Herbert Smith Freehills LLP » Employment
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2d ago
Last week, three potential transformational changes to U.S. labor and employment law were announced. The Federal Trade Commission (“FTC”) banned almost all non-compete agreements, the U.S. Department of Labor (“DOL”) significantly increased the minimum salary threshold for overtime exemptions for white-collar employees, and New York State became the first state to offer paid leave for ..read more
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Employment Espresso Pods: Important changes to the law on redundancies
Herbert Smith Freehills LLP » Employment
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3w ago
The basics of redundancy processes in the UK have been unchanged for some time, so the forthcoming changes from 6 April could be a trap for the unwary, if usually confident managers are not careful ..read more
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PRC: LATEST CASE UPDATES AND JUDICIAL REPORTS ON WOMEN’S EMPLOYMENT RIGHTS
Herbert Smith Freehills LLP » Employment
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3w ago
In celebration of International Women’s Day, classic cases and judicial reports have been released at both the national and local court levels to safeguard women’s employment rights and clarify employers’ obligations. In this update, we summarise the cases and reports. National classic case As highlighted in our previous update, the Law on the Protection of ..read more
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SINGAPORE: COURT FINDS EMPLOYER LACKED SUFFICIENT CAUSE TO DISMISS ITS FORMER PREGNANT EMPLOYEE
Herbert Smith Freehills LLP » Employment
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3w ago
A pregnant employee was dismissed with payment in lieu of notice. Dispute ensued and the employer brought claims for the return of company property and misappropriation of company funds. The former employee argued that her employment was terminated because she was pregnant and filed counterclaims for wrongful dismissal. The Singapore District Court in Longitude 101 ..read more
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HONG KONG: INTERIM INJUNCTION PROHIBITED EMPLOYEE FROM DISCLOSING CONFIDENTIAL INFORMATION
Herbert Smith Freehills LLP » Employment
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3w ago
The recent Court of First Instance decision in Tahoe Life Insurance Company Ltd v Cheung Wai Yi [2024] HKCFI 782 serves as a reminder that employers should take proactive steps to safeguard their confidential information when dealing with departing employees ..read more
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COMPLIANCE CHECK: PHILIPPINES: JUST CAUSES FOR TERMINATION
Herbert Smith Freehills LLP » Employment
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3w ago
Philippine law sets a high standard in establishing a just cause for termination of employment. There are also due process requirements which must be complied with. Termination of employment in the Philippines generally As a rule, employees have security of tenure, and their employment can only be terminated by an employer for just cause or ..read more
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ASIA: FLEXIBLE WORKING ARRANGEMENTS
Herbert Smith Freehills LLP » Employment
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3w ago
In today’s post-Covid world, flexible working arrangements have evolved from a temporary solution to a likely permanent fixture. Initially implemented to ensure business continuity and employee safety, these arrangements have proven beneficial in enhancing work-life balance, boosting productivity, reducing turnover, and expanding the talent pool. This article provides a comparative analysis of the legal requirements ..read more
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Employment Espresso Pods: Spring Clean for your policies? UK Employment Law changes in force from 6 April
Herbert Smith Freehills LLP » Employment
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3w ago
It is estimated that 55% of the UK workforce is planning on requesting flexible working hours once some significant changes to Employment Law, including to the flexible work request regime, come into effect from Saturday 6 April. Employers need to be aware of these changes, which extend to family leave rights, redundancy protection, tribunal compensation ..read more
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Asia Employment, Pensions and Incentives Update: March 2024
Herbert Smith Freehills LLP » Employment
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3w ago
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 ..read more
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