Authors: Fatim Jumabhoy, Nurul Ayu Fajarani and Wei-Liang Chan
Our April e-bulletin begins in Singapore, where the recently announced Tripartite Guidelines on Flexible Work Arrangement Requests will come into effect on 1 December 2024. Click here to see how the Guidelines may impact employers.
In Mainland China, we take a look at the new Regulations on Promoting and Regulating Cross-Border Data Flow issued by the Cyberspace Administration of China and how they help facilitate cross-border transfers of employee data by employers. Click here for more details.
Over in Hong Kong, the court in Manulife Financial Asia Limited v Kenneth Joseph Rappold [2024] HKCFI 989 declined to grant interim injunctive relief sought by an employer against its former employee for alleged breach of a non-compete clause. Click here to read a summary of the case. Also, the Hong Kong Government accepted the Minimum Wage Commission’s recommendations on enhancing the review mechanism for statutory minimum wage. Statutory Minimum Wage is anticipated to increase under the new mechanism, which will take effect on 1 May 2026.
Our Compliance Check this month considers the workplace health and safety obligations that employers in Malaysia must comply with once the Occupational Safety and Health (Amendment) Act 2022 comes into effect on 1 June 2024. Click here to make sure your company is compliant. This month's Asia Comparative article compares the legal protections in place for employee whistle-blowers across Hong Kong, Malaysia, Japan, Mainland China, Thailand, and Vietnam. Click here to compare the rules.
Last week has been packed with client activities. Wida, Rani and I hosted the Indonesia launch of our Asia Pacific Employment Law Guide 2023/2024 on 8 May. The session highlighted trends in the regional employment space through our Future of Work initiative and discussed the key issues in managing workplace investigations in Indonesia. On 9 May, Gillian hosted a seminar on the use of non-compete and trade secrets restrictions in the employment context in our Beijing office, exploring how the caselaw in Mainland China has developed, and what businesses can do to best protect their interests. Do get in touch if you or members of your legal or HR team would like to be notified of our future client events.
On 21 May, we will be hosting a webinar on managing employee misconduct investigations across Asia. The webinar is tailored to US clients so if you are in-house legal counsel, HR or ER professionals based in the US who would like to understand how to best navigate the lifecycle of workplace investigations in this region, click here to sign up!
As always, happy to assist you with your employment law needs across the region.
Fatim Jumabhoy
Managing Partner, Singapore
Head of Employment, Pensions & Incentives, Asia
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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.