Contracts of employment
Employees in Russia can now work from home
Recent developments in Russian employment law arising out of the President’s Order given on 14 March 2011 allow employees to work from home. These changes to the Labour Code of the Russian Federation (the “Labour Code“) are effective from 19 … Continue reading
UK: Court of Appeal upholds bonus ruling in Dresdner Kleinwort v Attrill
The Court of Appeal has dismissed an appeal from the High Court’s ruling that Dresdner Kleinwort had contractually committed to a minimum bonus pool from which it could not renege, despite deteriorating financial circumstances. The Court of Appeal endorsed all … Continue reading
Filed under Contracts of employment
Changes to Japan’s employment law effective from 1 April 2013
As of 1 April 2013, Japan’s minimum retirement age will increase to 65 years, with further restriction on scope to refuse re-employment after an earlier company retirement age. New amendments to Japan’s Labour Contracts Act (“LCA”) will also come into … Continue reading
Australia: ‘Sham contracting’ in the spotlight
A renewed regulatory focus on sham contracting and a recent decision of the Full Court of the Federal Court (Full Court) highlights the need for employers to regularly review their on-boarding processes and existing ‘independent contractor’ engagements. It is possible … Continue reading
Filed under Australia, Contracts of employment
UK: Employers should review and consider redrafting Pilon clauses
The Supreme Court has ruled that, where an employer dismisses an employee with immediate effect in breach of the employment contract, the employee can choose whether to accept this breach as bringing the contract to an end. If not, they … Continue reading
Hong Kong: The year of dragon – key employment cases to note
The year of the dragon was relatively prosperous for employment law[yers] with three high profile employment case decisions (almost unheard of in Hong Kong): In the first of these cases, Cantor Fitzgerald Europe and Cantor Fitzgerald (Hong Kong) Capital Markets … Continue reading
UK: New national minimum wage rates
From 1 October 2012 the national minimum wage hourly rate for workers aged 21 and over increases to £6.19, the hourly rate for workers aged 18-20 and workers aged 16 and 17 remains £4.98 and £3.68 respectively, and the rate … Continue reading
Filed under Contracts of employment, Jurisdiction: UK
Case law developments on outsourcing and contract labour in Indonesia and Korea
The ability to use atypical workers through outsourcing or labour hire as a device for employers to avoid employment costs and liabilities is becoming more limited in Asia through increased regulation and also through case law developments. In Indonesia, outsourcing … Continue reading
Filed under Contracts of employment, Jurisdiction: Asia
UAE Labour Law – enforceability of employment contracts
There have been two material recent developments in UAE employment law in relation to the enforceability of employment contracts: