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 […]
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 […]
香港：前雇员申请类似专利，雇主可如何追究？
Reading Time: 1 minutes在Acron International Technology Limited v Chan Yiu Wai & Anor HCA 1709/2010（裁决日期：2016年1月25日）一案中，原告人成功控告一名前雇员在终止受雇后，申请一项与原告人开发的技术相似的专利，这是原讼法庭首次就《专利条例》第57(1) 条作出裁决。
案情重点
原告人是一间在香港注册、从事科技行业的创新企业，第一及第二被告人为其前雇员。两名被告人于2004年10月18日递交辞职信，并于离职后8日，即2004年11月26日，在中国内地共同提出专利申请（「被告人申请」），最后于2009年1月7日获授予专利。
Vietnam: Disputes arising from NDA – who volunteers to put “Wukong’s magical circlet” on?
Reading Time: 7 minutesIn the case of a company that has sued its employee (“Employee”) for breaching a Non-Disclosure and Non–Competition Agreement limiting the Employee from working for the company’s competitors (non–competition agreement), several controversial assessments and legal precedents have followed. As made by the Commercial Arbitration Council (CAC), these have delivered different opinions to the concerned parties, […]
Thailand Legal Update: New Amendment to Thailand’s Labour Protection Act
Reading Time: 4 minutesThe Thai National Legislative Assembly approved a resolution to amend the existing Labour Protection Act (the “LPA”) on December 13, 2018. This amendment to the LPA has been published in the Government Gazette on April 5, 2019, and will come into effect on May 6, 2019. Key takeaways of this amendment, which is largely favorable […]
The Amended Employment Act– A New Dawn?
Reading Time: 5 minutesAlas, the amended Employment Act has finally come into force on 1 April 2019. For the first time since the enactment of the first Employment Act in 1968, every employee, including all white collar professionals, managers, executives and technicians (“PMETs”) earning more than SGD 4,500, is now covered under the core provisions of Employment Act.[1] […]