Reading Time: 7 minutesI. Introduction When good employees leave, there is often a risk that they will join a competitor or set up a competing business. If you are the employer, the employment contract might protect your interests through a confidentiality clause preventing the employee from using or disclosing confidential information. It might also have a non-compete clause […]
Reading Time: 10 minutesDFDL’s Employment Practice Group is dedicated to advising clients on employment and labor issues and preparing human resources documentation that is compliant with local laws. Our employment team’s in-depth knowledge of the law and practices in the countries where we operate allows us to provide specialized, tailored, and practical advice on issues that arise in […]
Reading Time: 11 minutesIntroduction In November 2017 the Singapore Court of Appeal narrowed the scope of “ultra-hazardous activity” under Singapore tort law through the case of Ng Huat Seng v Munib Mohammad Madni, and clarified (in obiter) the scope of activities which may fall within the doctrine of the ultra-hazardous act.[1] An ultra-hazardous act was first defined by […]
Reading Time: 7 minutesIntroduction We discussed the judgment of the Court of First Instance (“CFI”) in Leung Chun Kwong v Secretary for the Civil Service and Another [2017] CFI 736; HCAL 258/2015 and also its appeal judgment of the Court of Appeal (“CA”) ([2018] HKCA 318; CACV 126/2017) respectively in our Newsletters June 2017 and June 2018 issues. This year, the appellant (“Mr Leung”) […]
Reading Time: 2 minutesEmployment law in Myanmar is still a work in progress. Rather than a single labour code, a patchwork of labour legislation covers different aspects of the employment relationship. Currently, the rules and regulations regarding foreign workers are regularly changing and requirements by the authorities may vary from application to application. We understand that the Ministry […]
Reading Time: 6 minutesIntroduction In a recent case Mak Wai Man v Richfield Realty Ltd [2019] HKDC 358, the District Court clarified whether statutory entitlements (including sickness allowance, holiday pay and annual leave pay) payable to employee under the Employment Ordinance (Cap. 57) can be reduced by “team based” commission (the “Commission”) and team leader bonus (the “Bonus”) already paid […]
Reading Time: 5 minutesIntroduction In the recent case of Yeung Lai Ping v Secretary for Justice [2019] HKCFI 881, the government has been ordered to pay nearly HK$21 million in compensation to a former dental officer, who had to retire from civil service nearly 20 years ago, after she suffered severe injuries to her right wrist due to excessive workload. […]
Reading Time: 6 minutesIntroduction Previously in “Can an Employer Consider an Employee’s Work Performance in Deciding Whether to Pay Contract-end Gratuity to the Employee?”, the application of a contractual term in relation to whether gratuity payment can be subject to the employer’s opinion of an employee’s “satisfactory completion” of an employment contract is discussed in light of the […]
Reading Time: 6 minutesIntroduction Previously in “Can an Employer Consider an Employee’s Work Performance in Deciding Whether to Pay Contract-end Gratuity to the Employee?”, the application of a contractual term in relation to whether gratuity payment can be subject to the employer’s opinion of an employee’s “satisfactory completion” of an employment contract is discussed in light of the […]
Reading Time: 2 minutesFollowing the issuance of Prakas 442 on the Payment of Wages dated 21 September 2018 and Prakas 443 on Seniority Payments dated 21 September 2018, the ministry of Labour and Vocational Training (“MLVT”) issued official Guideliens 044/19 on the Implementation of Prakas 442 and 443 for Personnel of Foreign Missions, Agencies of the United Nations […]
Reading Time: 3 minutesOn 28 April 2019, the Ministry of Labour – Invalids and Social Affairs published a draft law amendment to the Labour Code (the “Draft Amended Labour Code”). A considerably substantive amendment, this Draft Amended Labour Code is comprised of 17 chapters and 221 articles. This amendment will be officially submitted to the National Assembly at […]
Reading Time: 4 minutesThis article was first published on the Sai Gon economic times on 15 November 2018. After a long period of waiting, the Government issued Decree No. 143/2018/ NĐ-CP detailing the Law on Social Insurance (SI) and the Law on Labour Safety and Hygiene (LSH) with respect to compulsory SI for employees who are foreign citizens working […]
