Asia: Flexible working arrangements

In today's post-Covid world, flexible working arrangements have evolved from a temporary solution to a likely permanent fixture. Initially implemented to ensure business continuity and employee safety, these arrangements have proven beneficial in enhancing work-life balance, boosting productivity, reducing turnover, and expanding the talent pool. This article provides a comparative analysis of the legal requirements around flexible working arrangements across the region.

Question one: Is there a statutory requirement to grant flexible working arrangements?

Singapore

No.

However, there are non-binding Tripartite Advisory on Flexible Work Arrangements and Tripartite Standards on Flexible Work Arrangements which employers are encouraged to follow.

Hong Kong

No.

However, the Labour Department published a guideline for flexible work arrangements which contains recommendations for employers.

Indonesia

No.

Malaysia

No.

However, under the Employment (Amendment) Act 2022 (EA), an employee may apply to their employer for a flexible working arrangement to vary the hours of work, days of work or place of work in relation to their employment. An employer is not obliged to approve the application.

If an employee applies for a flexible working arrangement under the EA, the application must be made in writing and in the form and manner as "may be determined" by the Director General of Labour.

The employer shall, within 60 days from the date of the application, approve or refuse the application. The employer must inform the employee in writing of the approval or refusal of the application. If the application is refused, the employer must state the ground of refusal.

PRC

No.

Question 2: If flexible working arrangements are granted, can they be removed?

Singapore

So long as the arrangement is agreed to be discretionary from the outset, the employer may exercise its discretion to withdraw the arrangement, and direct the employee to return to work at the office

Kong Kong

So long as the arrangement is agreed to be discretionary from the outset, the employer may exercise its discretion to withdraw the arrangement, and direct the employee to return to work at the office.

Indonesia

So long as the arrangement is agreed to be discretionary from the outset, the employer may exercise its discretion to withdraw the arrangement, and direct the employee to return to work at the office.

Malaysia

So long as the arrangement is agreed to be discretionary from the outset, the employer may exercise its discretion to withdraw the arrangement, and direct the employee to return to work at the office.

PRC

So long as the arrangement is agreed to be discretionary from the outset, the employer may exercise its discretion to withdraw the arrangement, and direct the employee to return to work at the office.

Herbert Smith Freehills LLP provides access to Singapore law advice through our Formal Law Alliance with Prolegis LLC.