DOCSLIB.ORG

Employment & Labour Law 2020

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Employment & Labour Law 2020 Employment & Labour Law 2020 A practical cross-border insight into employment and labour law 10th Edition Featuring contributions from: ACG International Eric Silwamba, Jalasi & Linyama Legal Practitioners MJM Limited AnJie Law Firm ESENYEL & PARTNERS LAWYERS AND Monereo Meyer Abogados CONSULTANTS ANZ Partners Mori Hamada & Matsumoto GERLACH | Littler Arias ONV LAW Hamdan AlShamsi Lawyers and ASLABOR VALDÉS People + Culture Strategies Legal Consultants BAS – Sociedade de Advogados, SP, RL Porzio Ríos García Hassan Radhi & Associates Breakthrough Attorneys R&T Asia (Thailand) Limited Hogan Lovells Brulc Gaberščik & Partners, Law Firm, Ltd. Rátkai Law Firm Homburger Buterin & Posavec Law Firm Rato, Ling, Lei & Cortés – Advogados Hughes Hubbard & Reed LLP Carnelutti Law Firm SANDIVA Legal Network Khaitan & Co CDZ Legal Advisors SOW & Partners Latournerie Wolfrom Avocats CMS Holborn Asia SyCip Salazar Hernandez & Gatmaitan LEGALIS De Law Udo Udoma & Belo-Osagie LEGALITÉ advokátní kancelář s.r.o. Debarliev, Dameski & Kelesoska, Waselius & Wist Legalline Attorneys at Law Winkler Partners Lopes Muniz Advogados Associados Deloitte Kosova Sh.p.k. Wintertons Legal Practitioners McCann FitzGerald Deloitte Legal Sh.p.k. Y. Karamanolis & Associates LLC michels.pmks Rechtsanwälte Partnerschaft mbB EmpLaw Advokater AB Mijares, Angoitia, Cortés y Fuentes, S.C. Table of Contents Q&A Chapters Albania Italy 1 Deloitte Legal Sh.p.k.: Sabina Lalaj & Edita Poro 158 Carnelutti Law Firm: Giuseppe Bulgarini d’Elci & Marco Sartori Australia 12 People + Culture Strategies: Joydeep Hor Japan 167 Mori Hamada & Matsumoto: Shiho Ono & Yuko Austria Kanamaru 20 GERLACH | Littler: Roland Gerlach & Markus Loescher Kosovo 178 Deloitte Kosova Sh.p.k.: Ardian Rexha & Vegim Bahrain Kraja 26 Hassan Radhi & Associates: Ahmed Abbas & Sayed Jaffer Mohamed Luxembourg 185 LEGALIS: Jackye Elombo Belgium 33 De Law: Christophe Delmarcelle Macau 193 Rato, Ling, Lei & Cortés – Advogados: Pedro Bermuda Cortés & Helena Nazaré Valente 40 MJM Limited: Fozeia Rana-Fahy Mexico Brazil 200 Mijares, Angoitia, Cortés y Fuentes, S.C.: Claudio 48 Lopes Muniz Advogados Associados: Zilma Jiménez de León, Karla Almeyra Díaz & Aparecida S. Ribeiro & Fábia de Almeida Bertanha Damián Alejandro Gómez Corona Chile Mozambique 55 Porzio Ríos García: Ignacio García & Fernando 207 BAS – Sociedade de Advogados, SP, RL / Legalline: Villalobos Pedro Madeira de Brito & Lara Tarciana Sousa dos Mucudos Macamo China 62 AnJie Law Firm: Zhenghe Liu & Samuel Yang Netherlands 214 ACG International: Edith N. Nordmann Colombia 70 ASLABOR VALDÉS: Germán Gonzalo Valdés Nigeria Sánchez, María Ximena Valdés Luna & Juan Diego 223 Udo Udoma & Belo-Osagie: Jumoke Lambo & Valdés Rocha Mary Ekemezie Croatia North Macedonia 76 Buterin & Posavec Law Firm: Snježana Posavec 231 Debarliev, Dameski & Kelesoska, Attorneys at Law: Mitrov Martina Angelkovic & Ljupco Cvetkovski Cyprus Pakistan 84 Y. Karamanolis & Associates LLC: Yiannis 239 ANZ Partners: Nabeel Rehman Karamanolis & Andreas Karamanolis Panama Czech Republic 247 Arias: Siaska SSS Lorenzo 92 LEGALITÉ advokátní kancelář s.r.o.: Marie Janšová Philippines Finland 253 SyCip Salazar Hernandez & Gatmaitan: Dante T. 100 Waselius & Wist: Jouni Kautto Pamintuan & Leslie C. Dy France Poland 107 Latournerie Wolfrom Avocats: Sarah-Jane Mirou 260 CDZ Legal Advisors: Piotr Kryczek Germany Portugal 117 michels.pmks Rechtsanwälte Partnerschaft mbB: 269 BAS – Sociedade de Advogados, SP, RL: Dália Dr. Gunther Mävers & Dr. Jannis Kamann Cardadeiro & Alexandra Almeida Mota Hungary 127 Romania Rátkai Law Firm: Dr. Ildikó Rátkai 278 ONV LAW: Lorena Ciobanu & Ana Petrescu India 135 Senegal Khaitan & Co: Anshul Prakash & Kruthi N. Murthy 287 SOW & Partners: Papa Massal SOW & Codou SOW SECK Indonesia 142 SANDIVA Legal Network: Arthur Wailan Sanger & Singapore Allova Herling Mengko 294 CMS Holborn Asia: Wei Ming Tan & Lakshanthi Fernando Ireland 149 McCann FitzGerald: Mary Brassil & Stephen Holst Table of Contents Slovenia Turkey 302 Brulc Gaberščik & Partners, Law Firm, Ltd.: Luka 355 ESENYEL & PARTNERS LAWYERS AND Gaberščik & Marjetka Kenda CONSULTANTS: Selcuk Esenyel United Arab Emirates Spain 362 310 Monereo Meyer Abogados: Monika Bertram & Hamdan AlShamsi Lawyers and Legal Consultants: Patricia Rivera Almagro Hamdan Al Shamsi United Kingdom Sweden 368 318 EmpLaw Advokater AB: Annika Elmér Hogan Lovells: Stefan Martin & Jo Broadbent USA Switzerland 375 325 Homburger: Balz Gross & Nina Rabaeus Hughes Hubbard & Reed LLP: Ned Bassen & Sophie Moskop Taiwan 333 Winkler Partners: Christine Chen Zambia 382 Eric Silwamba, Jalasi & Linyama Legal Practitioners: Tanzania Lubinda Linyama & Joseph Alexander Jalasi 339 Breakthrough Attorneys: Vintan Willgis Mbiro & Kheri Rajabu Mbiro Zimbabwe 392 Wintertons Legal Practitioners: Ruvimbo T.L. Thailand Matsika & Tatenda Nyamayaro 347 R&T Asia (Thailand) Limited: Supawat Srirungruang & Saroj Jongsaritwang Chapter 22 167 Japan Japan Shiho Ono Mori Hamada & Matsumoto Yuko Kanamaru 1 Terms and Conditions of Employment the form or name of the contract) by taking into account various factors such as whether: (i) he/she has any discretion to refuse assignments; (ii) he/she is under someone’s control and should 1.1 What are the main sources of employment law? follow specific instructions regarding his/her work; (iii) the place and time for work are fixed; (iv) other persons are allowed The two principal sources of employment law are the Labour to do the work; and (v) he/she is receiving wages in exchange for Standards Act (the “LSA”) and its Enforcement Ordinance, providing the work. both of which provide minimum standards for the terms and Workers who are protected by employment law can be classi- conditions of employment contracts. In addition, the Labour fied into the following categories: Union Act (the “LUA”) governs collective labour relation- i) non-fixed-term workers (the so-called “regular workers”); ships, while the Labour Contract Law (the “LCL”) governs indi- ii) fixed-term workers, whose term of employment must not vidual labour relationships by providing for the principles under exceed three years (or five years in certain cases stipulated which a labour contract is to be entered into or changed through in the LSA); voluntary negotiations between a worker and an employer. iii) part-time workers, whose prescribed working hours are The LCL also governs other basic matters concerning labour shorter than those for regular workers; and contracts. Other important sources of employment law include iv) temporary workers or dispatched workers, who are employed the Industrial Safety and Health Act, the Employment Security by temporary staffing agencies and dispatched to other Act, the Act on Improvement, etc. of Employment Management companies under the Temporary Staffing Services Law. for Part-Time Workers, and the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved 1.3 Do contracts of employment have to be in writing? Working Conditions for Dispatched Workers (the “Temporary If not, do employees have to be provided with specific Staffing Services Law”). information in writing? In June 2018, the Japanese Diet passed laws to amend employ- ment regulations (including the LSA and the LCL) and improve An employment contract does not have to be in writing; an oral the working environment, focusing mainly on the problems of agreement for employment is effective. However, an employer long working hours and wage gaps between regular workers and is required to expressly provide certain key employment terms non-regular workers (the so-called “Work-Style Reform Laws”). and conditions in writing to their workers. These key terms and The main parts of these new laws came into force on April 1, 2019. conditions include matters concerning: Some important court decisions also function as a source of i) the period of the employment contract; law. The decisions of the higher courts, especially the Supreme ii) the place of work and job description; Court, are seen as a source of law for lower courts, which usually iii) the start time and the end time for working hours, possible hesitate to render judgments that contradict higher court rulings overtime work, break-time, rest period, rest days, and as such judgments would likely be overruled at the higher courts. change in shifts (if the worker will work two or more shifts); 1.2 What types of worker are protected by employment iv) the determination, calculation and payment of wages law? How are different types of worker distinguished? (except retirement allowance and extraordinary wages (such as bonuses)), and the dates for the calculation of The LSA defines a “worker” as someone who is employed at and wages, payment of wages and wage increases; and receives wages from a business or office, regardless of the type v) the termination of employment (including regarding of occupation, and a worker is protected by Japan’s employment resignation, retirement, dismissal or any other cause for law. Independent contractors or self-employed people who termination). enter into an outsourcing contract with a company and certain company executives, such as board members and corporate 1.4 Are any terms implied into contracts of officers, who can work at their own discretion, are not protected employment? under employment law as they are not considered “workers”. The distinction between an independent contractor and a The minimum standards set out in the LSA are implied into company executive on the one
Load more

Recommended publications
  • Report of the Working Party on the Review of the Labour Tribunal
    CONTENTS CHAPTER ONE – INTRODUCTION .............................................................1 I. Establishment of the Working Party ................................................1 II. Background ......................................................................................1 III. The Work of the Working Party .......................................................2 IV. Scope of the Review.........................................................................3 V. The Report........................................................................................3 CHAPTER TWO – THE SET-UP, PRACTICE AND PROCEDURE OF THE LABOUR TRIBUNAL .......................................................................4 I. The Set-Up of the Tribunal ..............................................................4 A. Registry..................................................................................4 B. Tribunal Officers....................................................................4 C. Presiding Officers ..................................................................5 II. The Staffing and Location of the Tribunal.......................................6 III. Jurisdiction of the Tribunal ..............................................................6 IV. Processing of Claims in the Tribunal ...............................................8 A. Filing Claims..........................................................................8 B. Inquiries by Tribunal Officers................................................8 C. Hearings in
    [Show full text]
  • Resolving Individual Labour Disputes: a Comparative Overview
    Resolving Individual Labour Disputes A comparative overview Edited by Minawa Ebisui Sean Cooney Colin Fenwick Resolving individual labour disputes Resolving individual labour disputes: A comparative overview Edited by Minawa Ebisui, Sean Cooney and Colin Fenwick International Labour Office, Geneva Copyright © International Labour Organization 2016 First published 2016 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Ebisui, Minawa; Cooney, Sean; Fenwick, Colin F. Resolving individual labour disputes: a comparative overview / edited by Minawa Ebisui, Sean Cooney, Colin Fenwick ; International Labour Office. - Geneva: ILO, 2016. ISBN 978-92-2-130419-7 (print) ISBN 978-92-2-130420-3 (web pdf ) International Labour Office. labour dispute / labour dispute settlement / labour relations 13.06.6 ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers.
    [Show full text]
  • How Informal Justice Systems Can Contribute
    United Nations Development Programme Oslo Governance Centre The Democratic Governance Fellowship Programme Doing Justice: How informal justice systems can contribute Ewa Wojkowska, December 2006 United Nations Development Programme – Oslo Governance Centre Contents Contents Contents page 2 Acknowledgements page 3 List of Acronyms and Abbreviations page 4 Research Methods page 4 Executive Summary page 5 Chapter 1: Introduction page 7 Key Definitions: page 9 Chapter 2: Why are informal justice systems important? page 11 UNDP’s Support to the Justice Sector 2000-2005 page 11 Chapter 3: Characteristics of Informal Justice Systems page 16 Strengths page 16 Weaknesses page 20 Chapter 4: Linkages between informal and formal justice systems page 25 Chapter 5: Recommendations for how to engage with informal justice systems page 30 Examples of Indicators page 45 Key features of selected informal justice systems page 47 United Nations Development Programme – Oslo Governance Centre Acknowledgements Acknowledgements I am grateful for the opportunity provided by UNDP and the Oslo Governance Centre (OGC) to undertake this fellowship and thank all OGC colleagues for their kindness and support throughout my stay in Oslo. I would especially like to thank the following individuals for their contributions and support throughout the fellowship period: Toshihiro Nakamura, Nina Berg, Siphosami Malunga, Noha El-Mikawy, Noelle Rancourt, Noel Matthews from UNDP, and Christian Ranheim from the Norwegian Centre for Human Rights. Special thanks also go to all the individuals who took their time to provide information on their experiences of working with informal justice systems and UNDP Indonesia for releasing me for the fellowship period. Any errors or omissions that remain are my responsibility alone.
    [Show full text]
  • THE PLACE of the EMPLOYMENT COURT in the NEW ZEALAND JUDICIAL HIERARCHY Paul Roth*
    233 THE PLACE OF THE EMPLOYMENT COURT IN THE NEW ZEALAND JUDICIAL HIERARCHY Paul Roth* This article considers the status of the Employment Court and its position in the overall court structure in New Zealand. It examines the issue from both an historical and comparative New Zealand legal perspective. Professor Gordon Anderson has written much on the Employment Court and its predecessors. He championed its independent existence as a specialist court1 when it was under sustained attack in the 1990s by the Business Roundtable and New Zealand Employers' Federation (both now absorbed by 2 3 or transformed into different organisations), and by some in the then National government. The * Professor, Faculty of Law, University of Otago. 1 See Gordon Anderson A Specialist Labour Law Jurisdiction? An Assessment of the Business Roundtable's Attack on the Employment Court (Gamma Occasional Paper 5, 1993); Gordon Anderson "Specialist Employment Law and Specialist Institutions" (paper presented to the New Zealand Institute of Industrial Relations Research Seminar on the Future of the Employment Court and the Employment Tribunal, 23 April 1993); Gordon Anderson "The Judiciary, the Court and Appeals" [1993] ELB 90; and Gordon Anderson "Politics, the Judiciary and the Court – Again" [1995] ELB 2. 2 See New Zealand Business Roundtable and New Zealand Employers' Federation A Study of the Labour- Employment Court (December 1992); Colin Howard Interpretation of the Employment Contracts Act 1991 (New Zealand Business Roundtable and New Zealand Employers Federation, June 1996); Bernard Robertson The Status and Jurisdiction of the New Zealand Employment Court (New Zealand Business Roundtable, August 1996); and Charles W Baird "The Employment Contracts Act and Unjustifiable Dismissal: The Economics of an Unjust Employment Tax" (New Zealand Business Roundtable and New Zealand Employers Federation, August 1996).
    [Show full text]
  • US Bank Workers Report
    Global Finance Workers Alliance UNI Finance Global Union, CWA & Committee for Better Banks Version: Final Date: 04.02.2014 US Bank Workers Report Better Banks for People People for Better Banks “Together we can create better banks for jobs, communities and societies” 1/11 Background information: The Committee for Better Banks (CBB), Communication Workers of America (CWA) and UNI Finance Global Union (UNI) have joined forces to campaign for better working conditions for finance workers in the United States and throughout the world. The delegation has organized a day of action in New York City February 18 th to highlight key inequalities and injustices faced by America’s finance workers, bringing together bank workers from across the world to march on Wall Street and show their solidarity for the cause of America’s downtrodden employees. According to a Committee for Better Banks report, there exists a tale of two banking industries. The outsized wealth and power of Wall Street is evidenced in salary raises of CEO’s like Jamie Dimon, who in 2013 received a 74% pay increase making his salary closer to $20 million, after being fined $20 billion dollars in regulatory and criminal charges. Meanwhile, average bank worker wages are so low that almost one third of bank tellers in America receive some sort of public assistance. Over a third of tellers are living at or below poverty level in contrast to the executives of Wall Street. While average wages have steadily declined on Wall Street since the financial crisis of 2008, the top fifty financial CEOs’ compensation collectively rose by 26% in 2010 and by 20.4% in 2011.
    [Show full text]
  • A Release from Justice Without Borders
    JUSTICE WITHOUT BORDERS Because the right to just compensation shouldn’t end Even when a victim returns home FOR IMMEDIATE RELEASE Hong Kong’s Labour Tribunal Hands Landmark Victory to Migrant Workers: Workers Can Now Apply to Testify from their Home Countries Via Video Conferencing 19 February, 2019 Hong Kong -- A groundbreaking decision represented a victory for all of Hong Kong’s migrant workers today, bridging an enormous gap in their access to the city’s justice system. The Labour Tribunal allowed a former domestic worker, Ms. Joenalyn Mallorca, to testify from the Philippines via video conferencing facilities, enabling her to pursue her claim from abroad. This is the first time the Labour Tribunal has allowed a claimant to give testimony via video conferencing. Before today, workers had to physically visit the Labour Tribunal in order to pursue their cases. Ms. Mallorca can now seek redress for wrongful dismissal without having to travel to Hong Kong. The small salary she earns combined with the possibility that she will lose her current job if she misses work means that such travel is impossible. Her case is not unique. In fact, many workers must decide whether to stay months or even years in Hong Kong to pursue their cases, or give up their claims and go home. Coordinating this landmark test litigation is Justice Without Borders (JWB), a regional charity providing access to justice for migrant workers who have returned home, through cross-border civil action. “Until now, migrant workers who have been victimised by bad employers have had to remain in Hong Kong, living in shelters and staying unemployed while pursuing their cases.
    [Show full text]
  • Chapter: 25 LABOUR TRIBUNAL ORDINANCE Gazette Number Version Date
    Chapter: 25 LABOUR TRIBUNAL ORDINANCE Gazette Number Version Date Long title 30/06/1997 To establish a tribunal having limited civil jurisdiction, to be known as the Labour Tribunal, and to make provision for the jurisdiction, procedure, and practice thereof and for matters connected therewith. [1 March 1973] L.N. 35 of 1973 (Originally 16 of 1972) Part: I PRELIMINARY 30/06/1997 Section: 1 Short title 30/06/1997 This Ordinance may be cited as the Labour Tribunal Ordinance. Section: 2 Interpretation L.N. 167 of 2012 01/01/2013 In this Ordinance, unless the context otherwise requires- "authorized officer" (獲授權人員) means a public officer who has been authorized by the Commissioner under section 6(5) to assist in conciliation under this Ordinance; "claim" (申索) includes a proceeding before the tribunal between a claimant and a defendant; (Amended 25 of 1999 s. 2) "claimant" (申索人) means a person seeking relief other than- (a) a defendant entering a counterclaim; and (b) a person who is being represented in a representative claim; "Commissioner" (處長) means the Commissioner for Labour; (Amended L.N. 142 of 1974) "conciliation" (調停) means a discussion or action initiated or undertaken by an authorized officer for the purpose of reaching a settlement of a claim; (Amended 15 of 2012 s. 11) "contract of employment" (僱傭合約) means- (a) an agreement, whether express or implied by law, whereby one person agrees to employ another and that other agrees to serve his employer as an employee whether payment is to be on a price, task or time basis and wherever the services are to be rendered; and (b) a contract of apprenticeship; "defendant" (被告人) means a person against whom relief is sought by a claimant other than- (a) a claimant against whom relief is sought by way of counter-claim; (b) a person who is being represented in a representative claim; "deputy presiding officer" (暫委審裁官) means a deputy presiding officer appointed under section 5A; (Added 21 of 1999 s.
    [Show full text]
  • Clinical Legal Education in Hong Kong: a Time to Move Forward Stacy Caplow Brooklyn Law School, [email protected]
    Brooklyn Law School BrooklynWorks Faculty Scholarship 2006 Clinical Legal Education in Hong Kong: A Time to Move Forward Stacy Caplow Brooklyn Law School, [email protected] Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Legal Education Commons, and the Other Law Commons Recommended Citation 36 Hong Kong L. J. 229 (2006) This Response or Comment is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. COMMENT CLINICAL LEGAL EDUCATION IN HONG KONG: A TIME TO MOVE FORWARD Introduction Clinical education has taken root and flourished in law schools throughout the world. Although initially a United States phenomenon, universities in countries as far-flung as India, South Africa, Chile, Australia, Poland, Scotland, Cambodia, Mexico, and China have established and nurtured clinical programmes. Despite different legal systems and different institutional structures, law faculties in these disparate countries all share a respect for the potential of clinical legal education. They recognise that clinical programmes can teach law students the skills and values of the profession while contributing vital services to individuals and communities and foster- ing social justice goals. The priorities of clinical programmes may differ from school to school, and the organisation and ambitions of their respective programmes may vary, yet law schools throughout the world have found common ground in the basic characteristics that define clinical legal education. Law schools in Hong Kong have no clinical programmes - yet. This situation may change as a result of a recent initiative by the Faculty of Law at Hong Kong University (HKU).
    [Show full text]
  • EALCJ NEWS 01 Pmv.6.5
    1 EALCJ Newsletter No.1 The European Association January 1997 of Labour Court Judges The EALCJ in 1997 Newsletter No. 1 — January 1997 Welcome to this first edition of the Newsletter of Edited by Alan C. Neal the European Association of Labour Court Judges. The Newsletter will appear as a regular bulletin, providing information and news about the various activities of the Association. Contents Following its successful inaugural meeting at Bath, on 3-5 July 1996, the EALCJ has quickly developed a programme of activities designed to build upon the ob- jectives agreed by its newly-elected Committee. Infor- The EALCJ in 1997................1 mation about some of these activities is included in this first Newsletter, along with details of the initial projects Officers for 1996-1997...........1 established at the Bath meeting. Most significant amongst the events planned for Bath Seminar..........................2 1997 is a technical seminar, to be hosted by our Spanish colleagues in Seville, on the issue of “Fundamental EALCJ Objects......................4 Rights in European Labour Law”. This will provide a forum in which judicial officers and representatives from Seville Meeting......................5 the EU and EEA Member States can discuss and respond to the current debate over fundamental civic and social Handbook of European rights within Europe and more generally. Labour Courts and We wish all of our colleagues and associates within Tribunals................................5 the Labour Courts and Tribunals of Europe every hap- piness and success for the New Year 1997. Reference Collection of Regulations relating to Procedure and Functioning Officers for 1996-97 of European Labour Courts At the inaugural meeting of the EALCJ, held on 5 July and Labour Tribunals.............7 1996, the following officers were elected for 1996/1997: EALCJ Web Site....................7 President...........................................................Mr.
    [Show full text]
  • Asian Labour Update - 81
    ASIANASIAN LABOURLABOUR UPDATEUPDATE PUBLISHED BY ASIA MONITOR RESOURCE CENTRE, HONG KONG Issue 81 May 2012 - August 2012 In this issue: ‘Slavery’ in New Zealand 4 ModernModern Slavery,Slavery, Waters? By Kate Day EnvironmentalEnvironmental ExploitationExploitation Deconstructing Green Jobs, 9 Foregrounding Decent Work By Joselito M. Natividad Why , hundreds of years after it was legally abolished, does slavery persist? Decontamination Fantasy and 14 Compensation: Bonded labour, or debt bondage, is perhaps the least known form of slavery Getting TEPCO and the today, and yet it is the most commonly used method of enslaving people. Government to Take Responsibility By Sugai Masuro People turn into bonded labour when their labour is demanded as means of repayment for a debt. It characterised by ‘creditor-debtor’ relationship that Gender Column: 20 Two Recent Advances for labourer passes on to their family member. Bonded labours are trapped into Working Women in Australia: working for effectively no pay, often for restless working hours, seven days a Universal Paid Parental Leave week; it’s often involves the whole family member and endures from generation and Recognition of Industry- Wide Pay Discrimination to generation. There is no doubt, the value of their work is always far greater By Michael Walker than the money they borrowed. OSH Column: 24 Recent Situation of The ILO estimates that in the Asia-Pacific region today a minimum 11.7 million are Occupational Health and in forced/bonded labour. However, the occurrence of bonded labour is much Safety in Turkey greater than generally estimated, and it may be increasing in various forms and in By Emre Eren Korkmaz specific contexts.
    [Show full text]
  • Client Alert Hong Kong High Court Confirms Jurisdiction of January 2020 the Labour Tribunal Does Not Include Tort Claims
    Dispute Resolution / Employment & Compensation Hong Kong Client Alert Hong Kong High Court confirms jurisdiction of January 2020 the Labour Tribunal does not include tort claims Summary A recent High Court decision in Woo Kwok Ping v. The Incorporated For further information, please contact: Management Committee of Tsuen Wan Trade Association Primary School (14/01/2020, HCA1523/2013) [2020] HKCFI 186 ("Decision") has illustrated Rowen McKenzie Partner some of the legal principles involved in determining the Labour Tribunal’s +852 2846 2103 jurisdiction over employees’ monetary and non-monetary claims. The case [email protected] discusses what claims fall within and outside the jurisdiction of the Labour Roberta Chan Tribunal and has affirmed, among other things, that the Labour Tribunal does Partner not have jurisdiction over any claim in respect of a cause of action founded in +852 2846 2492 tort, whether arising from a breach of contract or a breach of a duty imposed [email protected] by a rule of common law or an enactment. Background The Defendant, The Incorporated Management Committee ("IMC") of Tsuen Wan Trade Association Primary School, runs the subject aided school (the "School") receiving subvention from the government. The Plaintiff was employed as a principal of the School pursuant to an employment contract (the "Contract") that incorporated by reference the Education Ordinance (Cap 279) (EDO) and its subsidiary regulations, two Codes and a Guide. The School summarily dismissed the Plaintiff on 27 July 2013 after issuing reminders and warnings to the Plaintiff for misconduct. The Plaintiff took the view that IMC failed to follow the statutory procedure for termination of a principal in accordance with sections 55 to 57 of the EDO.
    [Show full text]
  • Employment Law Overview Japan 2021-2022 ATSUMI & SAKAI / Proud Member of L&E GLOBAL
    EMPLOYMENT LAW OVERVIEW JAPAN 2021-2022 ATSUMI & SAKAI / Proud Member of L&E GLOBAL EMPLOYMENT LAW OVERVIEW 2021-2022 / JAPAN | 1 www.leglobal.org TABLE OF CONTENTS. I. GENERAL OVERVIEW 03 II. HIRING PRACTICES 06 III. EMPLOYMENT CONTRACTs 08 IV. WORKING CONDITIONs 10 V. Anti-DiscriminAtion LAws 12 VI. PAY EQUITY LAWS 15 VII. SOCIAL MEDIA AND DATA PRIVACY 17 VIII. TERMINATION OF EMPLOYMENT CONTRACTs 18 IX. RESTRICTIVE COVENANTS 21 X. TRANSFER OF UNDERTAKINGS 23 XI. TRADE UNIONS AND EMPLOYERS ASSOCIATIONS 24 XII. EMPLOYEE BENEFITS 26 EMPLOYMENT LAW OVERVIEW an alliance of employers’ counsel worldwide 2021-2022 / JAPAN | 2 I. GENERAL OVERVIEW 1. INTRODUCTION Japanese employment laws mainly cover employer-employee relationships. These laws apply to all employees working in Japan regardless of their nationality. However, board members as defined under the Company Act (2005) as well as independent contractors are not categorised as employees subject to Japanese employment laws, in principle, and therefore are not protected under Japanese employment laws. 2. KEY POINTS 3. LEGAL FRAMEWORK • Japanese employment laws mainly cover Employment law in Japan is predominantly based employer-employee relationships. Board upon the following sources: members and independent contractors are, in principle, not categorised as employees. (i) the Constitution (1946); • There is no “at will” employment in Japan. Japanese law requires that termination of regular (ii) laws, in particular, compulsory laws including but employment shall be considered objectively, not limited to the Labour Standards Act (1947), deemed reasonable, and appropriate upon the Labour Contract Act (2007), the Minimum social convention, which is read rigidly in light of Wage Act (1959), the Industrial Safety and Health Japanese judicial precedent.
    [Show full text]