Employment Notes

Vietnam: Improved Employee Rights Under Draft New Labour Code

Korea: More Changes To The Employment Regime

South Korea continues to overhaul its labour and employment landscape. We look at some upcoming changes to the notice of dismissal provisions and the …

Thailand: Proposed Amendments to the Labour Protection Act

On 21 September 2018, the Minister of Labour announced the National Legislative Assembly's ("NLA") in principle approval of the draft amendment ("Draft …

UK: Termination payments - changes to tax treatment from 6 April 2018

Employers currently contemplating or negotiating termination agreements should be aware of changes to the tax regime which will apply for the 2018-19 tax …

UK: Termination - for contractual claims, notice of termination takes effect on actual personal receipt (in absence of express provision)

Employers wanting certainty as to the date of termination for contractual purposes should ensure that the employment contract specifies when notice is …

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what …

UK: Discipline - gross negligence can be gross misconduct justifying dismissal without notice in some circumstances

Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and …

Australia: WAIRC Full Bench declines to imply term of 'reasonable notice' in employment contracts

In the recent decision of Richards v Nicoletti [2016] WAIRC 00941, the WAIRC Full Bench has determined that there is no scope to imply a term of …

Australia: Reasonable notice update

A recent judgment of the District Court of South Australia has held that a term providing for termination on reasonable notice should not be implied into …

UK: Termination - employees can be held to notice period and need not be paid if they refuse to work

The Court of Appeal has upheld a High Court ruling that, if an employee leaves without giving contractual notice (save in constructive dismissal …

UK: Termination - employees can be held to notice period and need not be paid if they refuse to work

Last year the Supreme Court ruled that, where an employer dismisses an employee with immediate effect in breach of the employment contract, the employee …

UK: Resignation without notice - deduction from pay lawful

The EAT has ruled that it was not an unenforceable penalty for a contract to include a clause deducting a payment equal to the salary for the period of …