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In Employment

Saudi Arabia: Amendments to the Saudi Labor Law

by and 1 Min Read

On 6 August 2024, the Council of Ministers approved amendments to the Saudi Labor Law (the “Amendments”) which will come into force 180 days from publication of the Royal Decree in Umm Al Qura (the Official Gazette) which we expect within a fortnight.
The Ministry of Human Resources and Social Development circulated proposed amendments to these provisions for public consultation in 2020, and again in 2021. With wide labor market input, and extensive benchmarking studies of other countries’ labor laws and global practices, the Amendments aim to further align with Saudi Arabia’s Vision 2030 by creating a more attractive work environment for employees; enhancing job security; protecting both parties’ rights; developing human capital; and promoting training opportunities, among others.

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In Employment

Australia: Right to disconnect – Working 9 to [to be determined…]?

by , , and 9 Mins Read

A new workplace right – a ‘right to disconnect’ – has been introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, with effect from 26 August 2024 (or 26 August 2025 for small business employers). On 23 August 2024, a Full Bench of the Fair Work Commission finalized the new “right to disconnect” model term, which will soon be inserted into all modern awards. Whilst we wait for the Fair Work Commission (FWC) to issue its guidance on the new workplace right, here’s what you should know, and what we think you should do to prepare for the introduction of the right to disconnect.

In Employment

Singapore: Employers’ discretion to declare or withhold bonus not “absolute”

by , , and 5 Mins Read

Where an employment contract expressly states that a bonus is “discretionary” or is within the employer’s “absolute right” to declare, does an employer have an unfettered discretion to decide whether to declare bonuses? In BGC Partners (Singapore) Ltd and another v Sumit Grover [2024] SGHC 206, the General Division of the High Court reiterated that employers owe an implied duty to exercise their contractual discretion reasonably. What is considered reasonable would depend on the specific facts of the case.

In ESG

United Kingdom: EAT confirms associative indirect discrimination claims are permitted for events prior to 1 January 2024

by , and 6 Mins Read

With effect from 1 January 2024, the government amended the Equality Act 2010 (EqA) to include associative indirect discrimination claims, with the stated aim of replicating and preserving existing EU case law. The EAT has confirmed that such claims were possible in relation to events occurring prior to 1 January too, under then-applicable principles of EU law. This means that where an employer applies a provision, criterion, or practice (PCP) which puts people with a particular protected characteristic at a disadvantage, and where the claimant also suffers that same disadvantage, the claimant does not need to have the same protected characteristic as the disadvantaged group. (BA v Rollett and Ors, EAT).

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In Tax

Thailand: Increased tax exemption for severance pay now effective

by , , , and 1 Min Read

The personal income tax exemption amount on severance pay for terminated employees is now increased, following the publishing of the relevant Ministerial Regulations in the Royal Gazette. On 26 June 2024, the Ministerial Regulations, Volume 394 (B.E. 2567), (2024) under the Revenue Code Regarding Revenue Tax Exemption (“Ministerial Regulation”) was published in the Royal Gazette on 17 July 2024 and has already entered into force from that date. As a result, the personal income tax exemption amount on severance pay for terminated employees is now increased to the employee’s last 400 days’ wages or THB 600,000, whichever is less.

In

Poland: New laws on whistleblowers

by 4 Mins Read

The Act on the Protection of Whistleblowers was enacted on 14 June 2024 and formally announced on 24 June 2024. It implements the EU directive on whistleblowers (2019/1937). Employers hiring at least 50 individuals as of 1 July or 1 January (or belonging to special categories regardless of headcount) must set up or adjust internal whistleblowing systems, including (i) introducing an internal whistleblowing policy, (ii) consulting on the draft policy with trade unions or employee representatives, (iii) establishing or adjusting reporting channels, (iv) appointing a unit or a person responsible for verifying the reports, and (v) maintaining a register of whistleblower reports – all in line with the new requirements.

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In Employment

Luxembourg: Transparency and predictability of working conditions — Upcoming changes

by and 7 Mins Read

On 26 June 2024, the Luxembourg parliament adopted draft bill No. 8070 (“Law”). The Law aims to implement into Luxembourg law Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the EU (“Directive”).

The Directive aims to enhance transparent and predictable working conditions across the EU by mandating comprehensive employment contract information and ensuring timely communication of essential job details to employees. It seeks to improve job security and provide a clear legal framework for employment relationships.

In Employment

United Kingdom: EAT confirms settlement agreement can waive future discrimination claims

by , and 5 Mins Read

The Employment Appeal Tribunal has upheld an employment tribunal’s decision that an employee was precluded from bringing disability discrimination claims against his employer as they had been validly waived under a prior settlement agreement. The decision confirms the Court of Session’s decision in Bathgate v. Technip Singapore PTE Ltd that unknown future claims can be validly waived under a settlement agreement although the drafting will need to be absolutely clear in this respect.

In Employment

Philippines: Additional documentary requirements for the cancellation of PEZA Visa

by and 2 Mins Read

On 15 July 2024, the Philippine Economic Zone Authority (PEZA) issued a revised “List of Documentary Requirements for the Cancellation of PEZA Visa”. Beginning 15 July 2024, the relevant supporting document based on the reason for the cancellation of the PEZA Visa (PV) should be submitted together with the application to cancel the PV.

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