2022 Asia-Pacific Labour Law Comparison Chart

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2022 Asia-Pacific Labour Law Comparison Chart
2022 Asia-Pacific
Labour Law Comparison Chart
2022 Asia-Pacific Labour Law Comparison Chart
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2022 Asia-Pacific Labour Law Comparison Chart
Labour Law - Basics (1)
*All information was taken from corresponding government official and intended for comparison purposes.
Information is accurate as of May 2022. For legal use, please refer to government resources
                                                                                                                                             Employment
            Minimum  Minimum                Legal Probation           Standard Working         Legal Notice          Retirement Collective                         Compulsory Employment                  Unemployment
                                                                                                                                              disputes
             Wage   Wage Amount                 Period                     Hours                 Period                 Age     Bargaining                               Insurance                          Insurance
                                                                                                                                              channels
                                         The employer decides on
                                       the length of the probation                             Up to 4 weeks,                                                  Workers’ compensation; Public liability
                        $20.33 AUD                                       37.5hours or                                66 years and              Fair Work
Australia      ✔️                       period. It can range from a                          depending on the                       ✔️                         insurance; Third party personal injury            ✔️
                         per hour                                       38hours/ week                                 6 months                Ombudsman
                                       few weeks to a few months                              length of service                                                             insurance
                                       at the start of employment.
                                          1 month for non skilled                               Up to 3 months,                                                       Employment Injury Scheme;
                                                   workers                                     depending on the                                                   Health Insurance Scheme which is
                         $194 USD
Cambodia       ✔️                      2 months for skilled workers       48hours/ week      length of continuous        60         ✔️              N/A        covered by National Social Security Fund          X
                         per month
                                        3 months for professional                               service & type of                                                (NSSF) under Ministry of Labour and
                                                    staff                                   employment contract                                                           Vocational Training
                                                                                                 Depending on                                                  The minimum insurance cover should be
                                         No provision that specifies 8hours per day only probation period and                                                   no less than $100 million for a company
                         $37.5 HKD         probation period, but           applicable to       contract provision.                           Labour Relations with less than 200 employees. Companies
Hong Kong      ✔️                                                                                                        65         X                                                                            X
                          per hour      standard practice is to have teenagers between 15 7 days if contract does                             Division offices  with more than 200 employees should
                                            a 1-3 month period            and 18 years old        not include                                                  have an insurance coverage no less than
                                                                                              probationary period                                                             $200 million.
                                                                        7 working hours in
                                                                       1 day or 40 working
                     Varies depending
                                                                       hours for 6 working
                        on province.
                                                                         days in 1 week; or
                           Lowest:                                                                                                             Labour Unit                                                 6 Months after
Indonesia      ✔️      Yogyakarta at      No more than 3 months                                     30 days              58         ✔️        under Ministry      BPJS Health and BPJS Manpower           termination, with
                                                                      8 working hours in 1
                         $128 USD;                                                                                                            of Manpower                                                  certain criteria
                                                                        day or 40 working
                      Highest: Jakarta
                                                                        hours in 1 week for
                        at $323 USD
                                                                         5 working days in
                                                                              1 week.
                     Varies nationally,
                       dependent on
                      prefecture from                                                                                                                           Workers' Accident Compensation
                                                                          40hours/week;
                         820JPY to      3-6 months, no more than 1                          14 days for employees;                                         Insurance; Employment Insurance; Health
  Japan        ✔️                                                     Overtime should not                                65         ✔️       Labour Bureau                                                       ✔️
                          1,041JPY.                 year                                    30 days for employers                                            Insurance and Nursing Care Insurance;
                                                                      exceed 45hrs/month
                       ¥930 JPY per                                                                                                                              Employees' Pension Insurance
                      hour - National
                          Average
                                                                                                                       N/A
                                         30 days for time-limited                           Employers must give
                        32 Patacas                                      8hours per day,                           depending on                Labour Affairs     Work-related accident and sickness
  Macau        ✔️                          contract 90 days for                                15 days; 7 days if                   X                                                                            ✔️
                         per hour                                      48hours per week                              labour                   Bureau (DSAL)                  insurance
                                            timeless contract                              initiated by employees
                                                                                                                    contract
2022 Asia-Pacific Labour Law Comparison Chart
Labour Law - Basics (2)
*All information was taken from corresponding government official and intended for comparison purposes.
Information is accurate as of May 2022. For legal use, please refer to government resources
                                                                                                                                                                 Employment
              Minimum Minimum Wage Legal Probation                  Standard Working             Legal Notice                  Retirement           Collective                       Compulsory Employment              Unemployment
                                                                                                                                                                  disputes
               Wage      Amount        Period                            Hours                     Period                         Age               Bargaining                             Insurance                      Insurance
                                                                                                                                                                  channels
                  ✔️                                                   No more than
                                             Up to 6 months,                                                                     Male - 60                       Labour Dispute
Mainland        Varies      Highest: 2590                              40hours/ week,                                                                                                 Social insurance and housing
                                           depending on labour                                       30 days                    Female - 50             ✔️         Arbitration                                                 ✔️
 China          across     Yuan (Shanghai)                               normally                                                                                                                  fund
                                             contract period                                                                  (Under Review)                       Committee
               location                                                8hours per day
                                                                                                Advance notice in
                          Minimum wage is
                                                                                            writing is required as per
                          1500 ringgits per  No provision that
                                                                                                 agreed terms in                                                 Department of                                              Include in
                          month for major specifies probation        48hours/ week; no                                                                                                Social Security Organization
                                                                                             employment contract.                                                   Labour                                                Employment
 Malaysia         ✔️       towns under 56 period, but standard          more than
                                                                                            (Should correspond with
                                                                                                                                     60                 ✔️
                                                                                                                                                                  Peninsular
                                                                                                                                                                                        (SOCSO) & Employment
                                                                                                                                                                                                                        Insurance System
                              city and      practice is to have a       8hours/ day                                                                                                      Insurance System (EIS)
                                                                                              the length of time the                                               Malaysia                                                    (EIS)
                             municipality    3-6 month period
                                                                                            employee has worked for
                              councils
                                                                                                  the company)

                          $2.60 USD per day                                                                                                                                            Employment Injury Benefit
                                                No more than        8hours/day or 48hours                                                                          Arbitration
Myanmar           ✔️      for 8 hours of work
                                                  3 months                per week
                                                                                                     30 days                62 for civil servants       ✔️
                                                                                                                                                                    Council
                                                                                                                                                                                    Insurance; Health and Social Care          X
                           (4,800 Kyat/MMK)                                                                                                                                                     Insurance

                                                                                                                                                                  Employment
                                                                       No more than                                                                                 Relations
                                                Depends on             40hours/ week                                                                             Authority (ERA);
  New                        $21.20 NZD                                                     Depending on contract                                                                       Accident Compensation
                  ✔️                            employment              depends on                                                   65                 ✔️        Employment                                                   ✔️
 Zealand                      per hour                                                           provision                                                                                   Corporation
                                                 agreement              employment                                                                                Court; Human
                                                                         agreement                                                                                Rights Review
                                                                                                                                                                     Tribunal
                                                                                                                                                         ✔️
                                                                                                                         Employees shall have the
                                                                                                                                                        Only
                                                                                                                            option to retire and
                                                                                                                                                   applicable to
                                                                                                                          receive retirement pay                  The National
                                                                                                                                                    companies
                                                No more than                                                             upon reaching 60 or more                Labor Relations      Philippine Health Insurance
Philippines       ✔️       537 PHP per day
                                                 6 months
                                                                         8hours/day                  30 days
                                                                                                                             but not beyond 65
                                                                                                                                                    with legally
                                                                                                                                                                  Commission                  Corporation
                                                                                                                                                                                                                               X
                                                                                                                                                    established
                                                                                                                          (Employee should have                     (NLRC)
                                                                                                                                                      and duly
                                                                                                                         served the establishment
                                                                                                                                                     registered
                                                                                                                            for at least 5 years)
                                                                                                                                                  labour unions
Labour Law - Basics (3)
*All information was taken from corresponding government official and intended for comparison purposes.
Information is accurate as of May 2022. For legal use, please refer to government resources
                                                                                                                                                                Employment
            Minimum Minimum Wage Legal Probation                    Standard Working          Legal Notice                  Retirement             Collective                    Compulsory Employment             Unemployment
                                                                                                                                                                 disputes
             Wage      Amount        Period                              Hours                  Period                         Age                 Bargaining                          Insurance                     Insurance
                                                                                                                                                                 channels
                                                                                                                      Current retirement age is
                                                                                                                                                                                   Work injury compensation
                ✔️                            No provision that                                                        62, Singapore will raise                   Tripartite
                                                                                                                                                                                 insurance for manual workers
            cleaning,                        specifies probation                          1 day to 4 weeks,           the retirement age to 63                   Alliance for
                                                                  Up to 9hours per day                                                                                              regardless of salary and
Singapore security and          N/A         period, but standard
                                                                   or 44hours a week
                                                                                       depending on the length        from 1 July 2022, they are       ✔️          Dispute
                                                                                                                                                                                  non-manual workers earning
                                                                                                                                                                                                                        X
          landscaping                       practice is to have a                             of service              also planning to increase                 Management
                                                                                                                                                                                  $2,100 or less a month. Basic
              sector                          3-6 month period                                                        the retirement age to 65                     (TADM)
                                                                                                                                                                                        health insurance
                                                                                                                          by the end of 2030
                                              No provision that
                                             specifies probation 40hours/ week should                                                                            Union and/or
  South                     9,160 KRW
               ✔️                           period, but standard     not exceed                   30 days                        60                    ✔️       Department of      National social insurances           ✔️
  Korea                      per hour
                                            practice is to have a   52hours/week                                                                                    Labor
                                              3-6 month period
                                                                                             Depending on the
                                                                                                                                                                                 Employers must make the
                                                                                         length of service. 10 days
                                              No provision that                                                                                                                    following social security             ✔️
                                                                                          for working period from                                                 Ministry of
                                             specifies probation     40hours/week, no                                                                                                   contributions:            Unemployment
                            NT$25,250                                                      3 months to 1 year; 20                                               Labor - Labor
 Taiwan        ✔️
                            per month
                                            period, but standard        more than
                                                                                          days for working period
                                                                                                                                 65                    ✔️
                                                                                                                                                                Procedure Act
                                                                                                                                                                              - National health insurance (NHI)      Insurance
                                            practice is to have a      8hrs per day                                                                                              - Labour insurance(include     included in Labour
                                                                                           from 1 year to 3 years;                                                  (LPA)
                                              1-3 month period                                                                                                                employment service insurance)          insurance
                                                                                            30 days for working
                                                                                                                                                                                        - New pension
                                                                                             period over 3 years
                                                                                                                                                                                   Work injury compensation
                                                                                                                                                                                    insurance under Workers’
                                                                                                                                                                                  Compensation Act B.E. 2537
                         Minimum wage                                                                                                                                            (1994)) and the Social Security
                                                                                           Minimum statutory
                           varies through      Depending on                                                                                                                         Fund is entitled to receive
                                                                                         notice period is one pay                                                  Labour
                         regions, ranging     Labour contract,                                                                                                                   compensation benefits in non
 Thailand      ✔️
                             from 313 to       generally not
                                                                       8hours/day          period (usually one                   60                    ✔️        Inspection
                                                                                                                                                                                   work-related cases such as
                                                                                                                                                                                                                        ✔️
                                                                                          month), but no more                                                      Officer
                              336 Baht       exceeding 119 days                                                                                                                    illness, disablement, death,
                                                                                             than 3 months
                          (Under Review)                                                                                                                                          child welfare, childbirth, and
                                                                                                                                                                                 unemployment as well as old-
                                                                                                                                                                                    age benefits under Social
                                                                                                                                                                                 insurance Act B.E. 2533 (1990)
                                                                   8hours/day, mustn't                                                                           Chairman of
                                             Based on the nature                           45 days for indefinite
                            Varies from                               be more than                                                                                the county
                                               and complexity of                       term contracts; 3-30 days
                              region,                                 48hours/week                                                                                 people's
                                            the job but probation                       for definite term. Able to            male-60. 6                                        Social insurance; unemployment
 Vietnam       ✔️        VND 4.42 Million -
                                              is applied only once                       terminate immediately               female-55.8
                                                                                                                                                       ✔️        committee;
                                                                                                                                                                                  insurance; health insurance
                                                                                                                                                                                                                        ✔️
                         VND 3.07 Million                          Overtime mustn't be                                                                              Labor
                                             for each job and can                         for mistreatment and
                         ($134 - $193 USD)                              more than                                                                                 arbitration
                                                 be 6 to 60 days                                pregnancy
                                                                     60 hours a week                                                                             committee
Labour Law - Leave (1)
*All information was taken from corresponding government official and intended for comparison purposes.
Information is accurate as of May 2022. For legal use, please refer to government resources
                   Statutory Annual                                   Statutory Paid                                   Statutory                         Statutory Paternity/Parental Leave                    Statutory Paid Holiday
                      Paid Leave                                        Sick Leave                                   Maternity Leave                          (Childcare Leave, if any)                               per Year

            Full-time and part-time employees
                                                 10 days each year for full-time employees; pro rata of 10
            get 4 weeks of annual leave, based                                                                   18 weeks paid leave at the                                                                            10-16 days
Australia                                       days each year depending on their hours of work for part-                                          2 weeks paid leave at the National Minimum Wage
              on their ordinary hours of work.                                                                   National Minimum Wage                                                                            varies across states
                                                                     time employees.
             Shift workers entitled to 5 weeks.
                                                   There is no statutory paid sick leave but it is common for
             18 days per year of service with a   companies to provide a 3 to 7 days sick leave with hospital 90 days with 50% pay when the       Special leave is 7 days per year including emergency,
Cambodia          1 day increase for every                          supporting document.                         employee has worked for            funeral or sickness of direct family members and                    21 days
                     3 years of services                                                                                12 months                                     paternity leave

                                                  Applied to 4 consecutive sick leave days with doctors note
                                                                                                                14 weeks with 4/5 pay after                                                                    13 days statutory holidays,
                       7-14 days,                           only. Accumulated by 2-4 days/month,
Hong Kong                                                                                                           40 weeks' services                5 days with 4/5 full pay after 40 weeks' services        additional 4 days general
               depends on years of services                     depending on years of service.
                                                                                                                                                                                                                        holidays
                                                                   Max 120 days with 4/5 pay

                                                  Full Paid for Sick Leave with proof document from Doctor.
                                                    Long term leave is paid at 100% the first four months,                                                                                                     Depends on the regulation
Indonesia       12 days after 1 year service                                                                       3 months with full pay                           2 days with full pay
                                                   75% the second four months, 50% the third four months                                                                                                            from ministry
                                                           and then 25% of wages until termination.

                                                                                                                                                  The day after child birth (for the father count from day
                                                                                                                                                   of child birth) up until day before first birthday. Leave
                                                                                                                                                  can be taken by the father or mother at 67% of regular
                                                                                                                                                  salary for the first half of leave and 50% for the second
                                                                                                                Six weeks before giving birth
                                                                                                                                                                          half of leave.
                      10-20 days,                                                                                   and eight weeks after.                                                                     16 days National Holidays;
  Japan                                                                      N/A
               depends on years of service                                                                     Maternity allowance is paid as                                                                  Additional 3 Bank Holidays
                                                                                                                                                   From October 1, 2022, male employees will be able to
                                                                                                               2/3 regular salary during leave.
                                                                                                                                                  take up to four weeks of parental leave within the first
                                                                                                                                                      8 weeks of their child's birth. During that time,
                                                                                                                                                  employee will also receive benefits at the same rate as
                                                                                                                                                                 childcare leave benefits.

                      0.5-6 days,                                                                                70 days with full pay after
  Macau                                                                6 days Per Year                                                                    5 days with full pay after 1 year service            10 days mandatory holiday
             depends on duration of services                                                                           1 year service
Labour Law - Leave (2)
*All information was taken from corresponding government official and intended for comparison purposes.
Information is accurate as of May 2022. For legal use, please refer to government resources
                   Statutory Annual                                Statutory Paid                                    Statutory                         Statutory Paternity/Parental Leave                  Statutory Paid Holiday
                      Paid Leave                                     Sick Leave                                    Maternity Leave                          (Childcare Leave, if any)                             per Year
                                                                                                               128 days min. depends on
                                                                                                                 different situations of
                                                                                                               parturition/ Varies across                   5 days min of childcare leave for
Mainland              5-15 days,
                                                     3-24 months, depending on years of services                        locations.                             children under 3-year-old                              11 days
 China        depends on years of services
                                                                                                                                                                 Varies across locations
                                                                                                               158 days maternity leave in
                                                                                                                  Beijing and Shanghai
                                                                                                                                                    Private enterprise employers are not required to
                       8-16 days,                 14-22 days per year depending on years of service;                                                            provide paternity leave.                            14-21 days
 Malaysia      depends on years of service          and up to 60 days if hospitalisation is required
                                                                                                                      Min. 60 days
                                                                                                                                                      Public sector employees are given 7-14 days              varies across states

                                                                                                             6 weeks before the birth of the
                                                                                                               child and 8 weeks after the          15 days - Paid at 70% of the average wage for the                 26 days
Myanmar                  10 days                           30 days (with medical certificate)
                                                                                                            birth, with an extra four weeks in                         previous year                      (6 days statutory casual leave)
                                                                                                              case of twins/multiple births

                                                                                                             26 weeks paid leave and up to
                                                                                                               52 weeks of unpaid leave,
  New         4 weeks at the rate of average
                                                              10 days with normal wage                          depends on criteria for            1-2 weeks unpaid leave depends on years of service                 11 days
 Zealand          12 months earnings
                                                                                                               6 months or 12 months of
                                                                                                                    employment

                                                                                                                                                                                                             10 days regular national
                                                                                                                                                     There are two types of statutory parental leaves:
                                                                                                                                                                                                              holidays; 6 Special Non
                                                                                                                                                         a. Paternity Leave – 7 days with full pay
                                               There is no statutory paid sick leave but it is common for                                                                                                    Working Holidays (with
Philippines     5 days after 1 year service
                                                       companies to provide a 12 days sick leave
                                                                                                                  105 days with full pay         b. Solo-Parent Leave - parental leave of not more than
                                                                                                                                                                                                           additional Special Holidays
                                                                                                                                                            seven (7) working days every year
                                                                                                                                                                                                          declared through Presidential
                                                                                                                                                                                                                  Proclamations)
Labour Law - Leave (3)
*All information was taken from corresponding government official and intended for comparison purposes.
Information is accurate as of May 2022. For legal use, please refer to government resources
                   Statutory Annual                                    Statutory Paid                                   Statutory                        Statutory Paternity/Parental Leave                   Statutory Paid Holiday
                      Paid Leave                                         Sick Leave                                   Maternity Leave                         (Childcare Leave, if any)                              per Year
                                                                                                                                                  Paternity Leave - Share up to 4 weeks of your spouse’s
                                                                                                                                                      16 weeks of Government paid maternity leave.

                                                                                                                                                  Childcare Leave - Eligible working parents of Singapore
                                                                                                                                                   citizen children (Youngest child below 7 years old) are
                                                                                                                                                      entitled to 6 days of paid childcare leave per year.
                       7-14 days,                   14 days per year; and up to 60 days if hospitalisation is
Singapore      depends on years of service                                 required
                                                                                                                    16 weeks with full pay           Parents of non-citizens with youngest child below                  11days
                                                                                                                                                     7 years old can get 2 days of childcare leave a year.

                                                                                                                                                  Extended Childcare Leave - Eligible working parents of
                                                                                                                                                   Singapore citizen children (Child is between 7 and 12
                                                                                                                                                     years old) are entitled to 2 days of paid extended
                                                                                                                                                                  childcare leave per year.
                                                                                                                                                   Paternity Leave: 10 days of paid paternity leave within
                                                                                                                   90-120 days, depends on
                                                                                                                                                                  90 days of a child’s birth
  South               11-25 days,                                                                               numbers of children (fully paid
                                                                              N/A                                                                                                                                       16 days
  Korea        depends on years of service                                                                          for 60 days but, SME is
                                                                                                                                                    Parental Leave: at least 30 days but up to 1 year per
                                                                                                                subsidized by the government.)
                                                                                                                                                              child who is under 8 years old
                                                   1. For the non-hospitalized, a total of less than thirty days                                  Parental Leave: After being in service for six months,
                                                                                                                                                                                                             11 days national day holidays
                                                                            in one year;                            8 weeks with full pay after   employees may apply for parental leave without pay
                       3-30 days,                                                                                                                                                                             plus 1 labour day for private
 Taiwan        depends on years of services
                                                         2. For the hospitalized, not exceeding one year;        6 months' services, 50% pay for   before any of their children reach the age of three
                                                                                                                                                                                                                      sector workers
                                                  3. The total of hospitalized and non-hospitalized sick leave     services less than 6 months   years old. The period may not exceed two years (7 days
                                                                     shall not exceed one year                                                                   of paid paternity leave)

                                                                                                                                                   It is only applicable to the employee who is working      An Employer shall announce
 Thailand                 6 days                                            30 days                                        98 days                 with Government sector. It is not a mandatory for the       not less than thirteen (13)
                                                                                                                                                   Private sector and it is depending to company policy.     traditional holidays per year

                                                     Short-term treatment: 30-70 days depends on the
                                                      working conditions and years of social insurance
                                                                        premiums                              6 months with full pay for one
                        12-16 days,                                                                           child. In case of twins or more,
            depends on the danger level of the         Long-term treatment: up to 180 days per year.         from the second child onwards,
 Vietnam    job, and add 1 day more for every 5                                                                for each child, the mother is
                                                                                                                                                                    5-14 days paid leave                                17 days
                           years                     After 180 days, employees still needing treatment         entitled to 1 more month of
                                                  continue to be entitled to the paid sick leave regime at a                leave
                                                  lower level but not exceed the period of social insurance
                                                                     premium payment
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