Issue link: https://read.uberflip.com/i/1519752
Confidential Report – NOT for Distribution | ©Crain Communications Inc. All rights reserved. 3 Asia Pacific Legal Update | Q1 2024 Asia Pacific performance, or any other characteristic prescribed by regulations. A further addition is the establishment of a new Digital Labour Platform Consultative Committee, to allow dialogue over workplace relations matters concerning digital platform work. These provisions become effective from 26 August 2024. Right to disconnect. Section 333M will allow an employee to refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of working hours, unless the refusal is unreasonable. The same will apply to contact or attempted contact from a third party, such as a client, where it relates to the employee's work. This right is introduced from 26 August 2024 except for those who work for small businesses who become entitled from 26 August 2025. Employers should review their arrangements with casual workers and independent contractors in light of the new definitions. Employers should also revise their employment policies and procedures in relation to the right to disconnect. 2. Paid parental leave increase from 1 July 2024 Paid Parental Leave was introduced on 1 January 2011 and currently provides 18 weeks of leave for the primary caregiver and two weeks for a partner. From 1 July 2024, two weeks of paid parental leave will be added to the scheme each year until it reaches 26 weeks by 2026. Paid parental leave will continue to be paid at the National Minimum Wage, but without superannuation. The Government will also introduce reforms to modernise the scheme by allowing parents to split the 26 weeks. By 2026, a total of four weeks will be reserved for each parent on a 'use it or lose it' basis. This will help to encourage greater sharing of care responsibilities. Employers will need to revise their leave policies to comply with the change. Hong Kong 1. Gradual increases to statutory holidays introduced As part of a broader legislative amendment aimed at gradually aligning the number of statutory holidays with the number of general holidays, the first weekday after Christmas Day has been added as a statutory holiday. This means that Hong Kong now has a total of 14 statutory holidays. The Employment (Amendment) Ordinance 2021 outlined a plan to progressively increase the total number of statutory holidays from 12 days to 17 days. Following the inclusion of the first weekday after Christmas Day in 2024, three additional statutory holidays will be introduced on the following dates: • Easter Monday, effective from 1 January 2026 • Good Friday, effective from 1 January 2028 • The day following Good Friday, effective from 1 January 2030 Employers should update their relevant policies to reflect this change.