In this APAC Employment Law Year-in-review, we look back at the various changes and developments in the year of 2021 across Australia, Hong Kong, the People’s Republic of China (PRC) and Singapore. We will also explore expectations and anticipated changes for 2022.
Australia
2021 continued to present employers in Australia with significant challenges as a result of the COVID-19 global pandemic. Most significantly, employers were presented with rapidly evolving Public Health Orders mandating lockdowns, vaccines and other restrictions on attendance at the workplace. Additionally, there were the usual number of changes to the Fair Work Act 2009.
The six key employment law developments in Australia in 2021 were:
- Creation of a definition of a casual employee;
- Creation of Casual Employment Information Statements;
- Casual Conversion provisions;
- Changes to unpaid parental leave entitlements;
- Collection of vaccination status information from employees; and
- Introduction of the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2001 (Cth).
By Kristy Peacock-Smith, Leila Moddel, Thomas Du and Christopher Conrad.
Hong Kong
As we prepare to usher in the Year of the Tiger, we take this opportunity to look back at the employment law developments of 2021 and consider what we can expect for 2022. There have been a number of interesting cases which clarify how we are to interpret certain statutory and common law requirements and principles. There have also been some legislative changes enhancing the statutory rights of employees. In this publication, we provide a snapshot of the some of the most significant developments in Hong Kong employment law.
Key employment law developments in 2021:
- Passage of legislation to protect breastfeeding women from discrimination and harassment
- Important non-compete decision upholding a 6-month restriction (BFAM Partners (Hong Kong) Ltd v. Gareth John Mills & Segantii Capital Management Limited [2021] HKCFI 2904)
- Useful guidance in a case which considered whether unlawful discrimination had occurred in the case of employment termination during long-term sick leave (Lee Chi Bun v Novartis Pharmaceuticals (HK) Limited [2021] HKDC 1101)
- Confirmation of the distinction between suspension from employment and partial suspension from duties (Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCU 2280)
- Reinforcement of the application of the implied duty of trust and confidence in employment relationships (Lam Siu Wai v Equal Opportunities Commission [2021] HKCU 4949)
- Clarification on whether stand-by days constitute rest days (Breton Jean v HK Bellawings Jet Limited [2021] HKDC 46)
Employment law outlook for 2022:
- Commencement of gradual increase of statutory holiday entitlement
- Increased focus on the protection of trade secrets and confidential information in the light of our changing world of work
- Challenges and considerations around return-to-work arrangements
By Pattie Walsh, Diana Purdy, Stephanie Wong and Melanie Yuen.
China
The PRC Civil Code and the PRC Personal Information Protection Law came into effect in 2021, making the protection of employees’ rights a hot topic. In addition, throughout 2021 regulations and policies were promulgated one after another at both national and local levels, having a profound impact on our daily life. As we begin 2022, this annual review summarizes the key developments in China’s HR and employment sector in 2021 and looks ahead to the key developments expected in 2022.
Key employment law developments in 2021:
- Prohibition of sexual harassment in the workplace;
- Privacy protection;
- Personal information protection;
- Working hours and overtime pay;
- E-contracting; and
- Extending maternity, paternity and parental leave under Three-Child Policy.
Employment law outlook in 2022:
- Far-reaching impact of the Civil Code;
- Renewal of individual income tax preferential policies;
- Litigation process of employment disputes simplified and accelerated;
- Further Promotion of Personal Information Protection Compliance; and
- Flexible employment and HR compliance.
By Ying Wang and Susie Wang.
Singapore
In 2021, we experienced a diverse change to the employment landscape in Singapore – from legislative plans to increase the retirement and re-employment age to cater to an increasingly mature workforce, introducing vaccination differentiated measures in the workplace and tightening immigration laws. In this article, we summarise the key changes of 2021 and share our thoughts on employment trends for 2022.
Key employment law developments in 2021:
- Raising the retirement and re-employment age;
- Vaccinate or regular testing; and
- Tougher immigration laws.
Employment law outlook in 2022:
- Anti-Discrimination Laws; and
- Regulation for Gig Workers.
By Seow Hui Goh, Natasha Cheng and Sharmaine Chan.
For further information, please contact:
James Gong, Partner, Bird & Bird
james.gong@twobirds.com
