HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies in addition to such work rules.
| Country | Are there any mandatory employment- related policies which an employer must establish? |
| Singapore |
Yes. Employers are required to establish a data protection policy. |
| Malaysia |
No. |
| The Philippines |
Yes. Employers are required to establish the following:
|
| Hong Kong |
Yes. Employers are required to establish a data protection policy. |
| PRC |
Besides work rules, no. |
| South Korea |
Yes. Besides work rules, employers are required to establish the following:
|
| Taiwan |
Yes. Besides work rules, employers are required to establish the following:
|
| Australia |
No, except that employers in New South Wales and the Australian Capital Territory must establish a workplace surveillance policy if employee surveillance takes place. |
| Indonesia |
Besides company regulations, no. |
| Japan |
Depending on the content of the work rules, policies in relation to matters such as leave and wages may also be legally required. In order to comply with data protection obligations, it may also be necessary to put in place a data management policy. |
| Thailand |
Besides work rules, no. |
If you would like further information on this topic, please contact Fatim Jumabhoy.
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
Herbert Smith Freehills LLP has a Formal Law Alliance (FLA) with Singapore law firm Prolegis LLC, which provides clients with access to Singapore law advice from Prolegis. The FLA in the name of Herbert Smith Freehills Prolegis allows the two firms to deliver a complementary and seamless legal service.