Mandatory Requirements for APAC Employers – Are You Compliant?

Across several Asia Pacific (“APAC”) countries, there are legally mandatory policies, committees or notifications an employer must implement or make once it hits the 10-employee headcount threshold.

Countries with 10 or more employees in these APAC countries

India: An employer is required to constitute an Internal Complaint Committee (“ICC“) at each of its workplaces in India with 10 or more employees. The ICC is responsible for hearing complaints and grievances in relation to incidents of sexual harassment at the workplace. At least half of the total members must be female – made up of a Presiding Officer (a woman employed at a senior level at the workplace), at least 2 members amongst the employees and one external member (e.g. from a non-governmental organisation or a person familiar with issues relating to sexual harassment).

Indonesia: Unless a company has a Collective Labour Agreement with a union, companies in Indonesia with more than 10 employees are required to have a document referred to as a “Company Regulation” which is a set of work rules applicable to employees. Employees and their representatives (if any) should be given the opportunity to input on the Company Regulation. A complete copy of the Company Regulation must be given to employees (or their representatives) and should be posted in a place easily accessible to employees at all times. The Company Regulation must be filed with and certified by the Ministry of Manpower.

Japan: Where there are 10 or more regular employees at one office in Japan, the employer must prepare and submit a set of “work rules” to the head of the competent Labour Standards Inspection Office. The work rules must set out, as a minimum, working hours, rest breaks, leave of absence, information on wages and matters regarding resignation and / or termination of employment. The company must make the work rules publicly available to all employees.

Singapore: Any employer with a Singapore registered business employing at least 10 employees must notify the Ministry of Manpower (MOM) within 5 working days of notifying any employee of their redundancy.

South Korea: Employers with 10 or more employees in South Korea are required to publish work rules and file them with the Ministry of Employment and Labor (“MOEL“). The work rules must include details on core working terms and conditions of the Labor Standards Act, such as working rules, wages and holidays. When adopting the work rules, an employer must obtain comments from the union representing the majority of employees, or if no such union exists, from a majority of the employees. Those comments must be filed with the MOEL along with the work rules.

Thailand: Employers with 10 or more employees in Thailand must publish written work rules within 15 days from the date when the employer hits the 10-employee threshold. The work rules must include certain information including working days / hours, criteria for taking holidays, overtime payments, payment of wages, criteria for taking leave, discipline / punishment, lodging of complaints and termination of employment (including severance pay). A copy of the work rules must be kept at the workplace at all times.

Vietnam: Where an employer has 10 or more employees in Vietnam, it must implement written internal labour regulations (“ILRs“). The ILRs must be registered and approved by the local Department of Labour, Invalids and Social Affairs (“DOLISA“) before implementing. They must contain information on working time and rest time, order at the workplace, occupational safety and health and other contents provided for under law.

Please get in touch with the MDR ONE team if we can support you with any of these mandatory requirements to make sure your business is compliant.

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