Regional Law: ASEAN Employment Legal Update

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 […]

SMU Lexicon: The Doctrine of the ultra-hazardous act after Ng Huat Seng

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 […]

Hong Kong: Gay civil servant wins final appeal on spousal benefits for husband

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”) […]

Myanmar Legal Update: Deployment of Employees in Myanmar

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 […]

Can employers rely on “team based” commission and team leader bonus already paid to employees to deduct sickness allowance, holiday pay and annual leave pay payable to employees?

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 […]

HONG KONG: Former dental officer awarded substantial damages in compensation for injuries sustained due to excessive workload

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. […]

HONG KONG: Employment dispute concerning payment of contract-end gratuity arising from inappropriate statements made at forum

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 […]

Hong Kong: Employment dispute concerning payment of contract-end gratuity arising from inappropriate statements made at forum

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 […]

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Cambodia Legal Alert: Certain Foreign Organizations and Agencies Exempt From Implementation of Prakas 442 and 443

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 […]

Vietnam Legal Update: Draft Amendment to Labour Code

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 […]

VIETNAM: Compulsory social insurance payment has left foreign employees awaiting guidelines

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 […]

ASEAN Employment Legal Update

Reading Time: 9 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 […]