Employment Notes

UK: Court of Appeal confirms voluntary overtime to be included in calculation of holiday pay; challenge to limit on historic claims

UK: Court of Appeal confirms that sufficiently regular voluntary overtime should be included in holiday pay calculation

UK: ECJ cases raise doubts over the inclusion of regular voluntary overtime in holiday pay calculations and over record-keeping requirements

Comments made in an ECJ judgment on a German working time case have raised doubts as to the correctness of the UK Employment Appeal Tribunal's rulings …

UK: workers may be entitled to carry over statutory holiday if they have not been encouraged to take it

The ECJ has ruled that workers cannot be deprived of paid statutory holiday entitlement on the termination of employment or at the end of a particular …

Japan: Differing Conditions Between Permanent and Fixed Term Employees

On 14 September 2017, the Tokyo District Court interpreted and applied the meaning of "unreasonable differences" to the benefits enjoyed by permanent and …

India: Maharashtra Adopts Model Shop and Establishments Legislation

By way of the Maharashtra Shops and Establishments Act, 2017, the state of Maharashtra has adopted the Central Government's model legislation intended to …

Singapore: Amendments to the Singapore Employment Act

Following a public consultation on the review of the Singapore Employment Act (the "EA"), the Ministry of Manpower ("MOM") announced on 5 March 2018 that …

UK: No short cuts when calculating holiday pay for casual workers

The EAT in Brazel v The Harper Trust has ruled that employers must calculate holiday pay for term-time (or other casual) workers using the normal rate of …

Hong Kong: Labour Department Enforcement Actions in 2017

The Legislative Council Panel on Manpower has released a report on enforcement actions taken by the Labour Department during 2017 (Paper) which shows an …

Taiwan: Further Changes to the Labor Standards Act

Prompted by criticisms from both employers and employees to its amendments to the Labor Standards Act (the "Act") in December 2016 (the "first …

UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals

The ECJ has agreed with the Advocate-General's opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks' statutory …

UK: Statutory holiday pay must take account of voluntary overtime

The EAT has upheld first instance tribunal decisions that the calculation of statutory holiday pay (for the 4 weeks' EU-derived holiday) should reflect …