Asia: Mandatory Employment Policies

29 June 2017

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies in addition to such work rules.

Country	Are there any mandatory employment- related policies which an employer must establish?
Singapore	Yes. Employers are required to establish a data protection policy.
Malaysia	No.
The Philippines	Yes. Employers are required to establish the following: an Anti-Sexual Harassment Policy; a Drug-Free Workplace Program; a Family Welfare Program; a Tuberculosis Prevention and Control Policy and Program; and an HIV and AIDS Prevention and Control Policy and Workplace Program.
Hong Kong	Yes. Employers are required to establish a data protection policy.
PRC	Besides work rules, no.
South Korea	Yes. Besides work rules, employers are required to establish the following: Labour Management Council (LMC) rules, if there are 30 or more employees; and a Personal Information Management Policy.
Taiwan	Yes. Besides work rules, employers are required to establish the following: (i) Anti-Sexual Harassment Rules; and (ii) Safety and Health Work Rules.
Australia	No, except that employers in New South Wales and the Australian Capital Territory must establish a workplace surveillance policy if employee surveillance takes place.
Indonesia	Besides company regulations, no.
Japan	Depending on the content of the work rules, policies in relation to matters such as leave and wages may also be legally required. In order to comply with data protection obligations, it may also be necessary to put in place a data management policy.
Thailand	Besides work rules, no.

If you would like further information on this topic, please contact Fatim Jumabhoy.

Article tags

drug use harassment sex discrimination

Related categories

Asia Data protection and privacy Industrial/workplace relations, collective bargaining, works councils Remuneration (including bonus and incentive plans) Workplace culture, diversity and discrimination (including bullying and harassment) Workplace Health and Safety

Key contacts

Samantha Brown

Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London

Steve Bell

Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne

Emma Rohsler

Partner, Head of Employment, Pensions and Incentives, EMEA, Paris

Tim Leaver

Partner, London

Andrew Taggart

Partner, London

Fatim Jumabhoy

Partner, Head of Employment & Workplace Investigations, Asia, Singapore

Barbara Roth

Partner, New York

Christine Young

Partner, London

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Herbert Smith Freehills Kramer LLP and Prolegis LLC have established a Formal Law Alliance licensed by the Legal Services Regulatory Authority of Singapore known as Herbert Smith Freehills Kramer Prolegis Alliance, with Singapore law advice provided by Prolegis LLC. The two firms cooperate closely in Singapore to deliver a complementary and seamless legal service.