Personal data is valuable, depending on who you ask. While ordinary people fill in particulars on social media such as their age, gender, and employment status without a second thought, marketers and advertisers would happily pay a high price for the sale of such information to them — and companies who own this information are more than happy to “sell” them. China’s tech giants, such as Alibaba, have benefitted from the wealth of personal data they have access to. Increasingly invasive collection of personal data, illegal sale of personal data and other malicious practices has seen a worrying rise, with businesses requiring information such as personal identification number, marital status and other unnecessary details for something as simple as registering a membership card for a particular store. With that, as of today, Beijing has passed the bill for Personal Information Protection Law (PIPL), which starts from November 1st 2021, partially in hopes of regulating the amount of power various tech giants hold, as well as protecting the interests of the common people. 
 

The PIPL will be the first comprehensive set of laws of regulations governing the collection and usage of personal data in China. This will ban various predatory practices, such as “Big Data Swindling”, which causes old customers to face exorbitant prices for a product or a service compared to new customers. Applications would not be allowed to automatically assume that the consumer has opted for personalized advertising as default, or at the very least, they will have to provide short and obvious avenues to disable such personalization. Individual consent would be required for usage and collection of information such as biological data, financial accounts and more. In terms of employment, this greatly reduces the room for exploitation in areas such as job-search; imagine a job-seeker innocently searching for a job on a website which utilizes the power of AI and personal data — what they do not know is that the website has already gained access to information that suggests that the job-seeker is in dire straits, financially speaking, and is desperate for a job. Or that the job-seeker is a green youth, fresh out of university and in need of employment. The AI thus pushes lower paying, potentially predatory jobs that offer less benefits, in hope that someone would be desperate enough to take it up, instead of more high paying jobs. Of course, this article is not an accusation that this is happening, but merely pointing out the room for exploitation excessive usage of personal data can lead to. The point is, increased regulation on personal data benefits all by ensuring fairer chances and more equality, extending to areas of employment. 
 

Similar to other regions like Hong Kong and Singapore, with their own laws governing personal data in place, employers and headhunters hence would have to be more careful when collecting and using data for recruitment and management of employees. Employers could look at practices in place in these areas for references to measures that could be taken in order to safeguard employee and potential candidates’ personal data, or perhaps consult our legal advisory in handling these issues. 

References: 

http://www.npc.gov.cn/npc/c30834/202010/569490b5b76a49c292e64c416da8c994.shtml 

https://baijiahao.baidu.com/s?id=1708579473848438549&wfr=spider&for=pc

http://www.xinhuanet.com/politics/2021-08/17/c_1127768239.htm 

https://www.cnbc.com/2021/08/20/china-passes-key-data-protection-law-as-regulatory-scrutiny-increases.html

Despite recent developments such as worsening of the covid-19 situation, Malaysia still remains a land ripe with opportunities, if one knows where to look. In the case of graduating students, they find themselves in a dilemma: how should they find a job? Covid-19 has already ravaged the economy ever since 2020, and compared to the last quarter of 2019, under-employment rate actually rose by 35.8%, too many brilliant talents are going to waste before the very eyes. Youth unemployment rate has also risen to 12%, nearly 5 times worse than the middle-age category. The epidemic has also resulted in many job roles unfulfilled, the importance of jobs that offer remote working as well as working from home arrangements are also increased. Thus, even in their job search, they would likely pay attention to jobs offering work from home arrangements too.

Hailing from universities such as the University of Malaya and the National University of Malaysia, which offer courses that cover tech-related courses such as engineering, information technology and AI technology, these graduates are tech talents ready to be hired by the workforce, all thanks to foundations laid out by the Malaysian government in digitalization, in preparation for the “Fourth Industrial Revolution”. Yet, a tough labor market and a subsequent surge in difficulty in gaining employment are causing these talents to go to waste, hence turning them into “hidden gems”. Not only do they have the skills, a lifetime of growing up in a multilingual environment has enabled Malaysians to master two or even more languages, depending on their ethnicities and upbringing. Malaysian Chinese also have access to one of the most complete Chinese-medium education beyond China, allowing them to have mastery over the language. They are thus ideal candidates for companies who may be working and interacting heavily with Chinese clients. Pro-Bumiputera policies have also encouraged them to expand their horizons in terms of job search, with many Malaysian Chinese gaining employment across the border, in Singapore. Overall, Malaysia provides a rich pool of tech talents, ready and looking for employment.

However, in lieu of policies and restrictions on the number of foreign workers allowed in the workplace, especially in Singapore, how should one get around to hiring Malaysian talents? Link Compliance’s PEO (Professional Employment Organization) services may be what you’re looking for. We can serve as the EoR (Employer on Record), allowing clients to hire across borders, stretching the potential of remote-working to the fullest. The tech crunch in Singapore also means that tech talents in Malaysia are a viable alternative, in terms of reduced cultural and language differences too. So what are you waiting for? Consider hiring tech talents from Malaysia, dust off the hidden gems, and kill two birds with one stone today.

The pandemic has been going on for a while now, and with new variants, stronger and more infectious than ever, there seems to be no return to full normalcy in sight. Fortunately, the push for vaccinations around various (mostly) developed countries around the world has given the government and corporations an avenue to get the economy back in session again. Legislations constantly evolve to determine the boundaries of business activity one is allowed to carry out, including whether the working population is to resume working from home. These limits are based on vaccination rates as well as perceived severity of the on-going pandemic, which begs the question: to what extent does the company have control over the employee’s medical history, and whether vaccination status would affect employability and ability to carry out work? Questions like “Can employers force employees to get vaccinated?” would be asked. Let Link Compliance guide you through a short analysis of labor laws in China and Singapore, and the perspectives as a result.  

China  

Vaccination is voluntary on an individual basis in China. However, those in high-risk professions would be required to get vaccinated, such as frontline medical staff. Still, would employers be able to retrench someone on the basis that they chose not to get vaccinated?  

The short answer is: No. 

China is well-known for its strict laws on termination of labor contracts, and termination on the basis of lack of vaccination would be easily disregarded and thrown out. In scenarios such as having 99% of other employees already being vaccinated, terminating the 1% of employees who out of personal or medical reasons could not be vaccinated would be unlawful, and firms would be subjected to heavy penalties for breaking labor laws. In other scenarios, such as being frontline medical staff or air travel where being fully vaccinated is the only feasible way to carry out work without causing covid-19 clusters, then a refusal to cooperate and get vaccinated would be seen as deliberately going against company regulations as well as endangering other people. Employers would be entirely justified in terminating labor contracts with such employees. 

Singapore 

Singapore’s approach in regards to covid-19 and vaccination and the workplace are based on this: the onus falls on the employers to take measures that ensures the health and safety of their employees to the greatest possible extent, all while vaccination is voluntary on an individual basis. Thus, employers have to make sure frontline medical staff, with close and frequent contact with covid-19 patients, are sufficiently vaccinated before they can carry out their work to the greatest degree of safety possible. Meanwhile for other sectors, for example the tech sector where remote working is still in place, employers do not have the right to force an individual to take up vaccination. While employers may strongly encourage employees to disclose their vaccination status, employers will have to note that they have no legal grounds to do so. However, work arrangements such as allowing only fully vaccinated employees to physically return to the workplace does not fall under discrimination, as employers would simply be looking out for the health of their employees the best as they could in this case. Tracking of vaccination records per employee will also have to follow PDPA (Personal Data Protection Act), which means additional administrative hassle. In short, though nothing is legally enforced, employers still have a certain degree of power and responsibility, such as preventing non-vaccinated employees from returning to the workplace until it is deemed to be safe enough to do so, or being able to request employees to declare their vaccination status. 

All in all, it is clear that while vaccinations are voluntary, both countries have their own ways and reasoning in how they handle covid-19 and the workplace. Employers would have to be aware of local laws and regulations in the actions they could take in regards to the vaccination of employees or the lack thereof, and consulting legal advice on what they are and not allowed to do would never hurt. In general, it is also advised that an individual should go for vaccination if medically possible, as an act of personal responsibility in this pandemic.
 

Articles referenced: 

http://www.gov.cn/banshi/2005-05/25/content_905.htm  

https://www.sohu.com/a/470930194_121119529

https://www.mom.gov.sg/covid-19/advisory-on-covid-19-vaccination-in-employment-settings

https://www.straitstimes.com/singapore/singapore-employers-cannot-require-staff-to-disclose-covid-19-vaccination-status

Covid-19 may have caused countries all over the world to reevaluate certain aspects of their labour policies, as well as the transition into coverage and protection in this pandemic. However, this does not necessarily deter countries from making changes to their employment laws regardless of the covid-19 situation, and analysing them would help one understand the general trend and direction a country is heading towards. In this case, Hong Kong’s recent proposed changes to their labor laws is definitely noteworthy.

In effect: Extension of Maternity Leave

In an effort to support women and to add more incentives to have children, with effect from December 2020, paid maternity leave has been extended from 10 to 14 weeks, with the additional 4 weeks reimbursed from the government. Thus, employers should update their maternity leave policies accordingly.

In other related changes, further protection for breastfeeding women has been passed in the March 2021 Employment (Amendment) bill.

Proposed: Increase in Number of Statutory Holidays

Hong Kong is unique in its number of holidays and its differences — did you know that Hong Kong has separate statutory and public, or also known as, general holidays? Employees are entitled to paid day leaves on statutory holidays, while general holidays outnumber statutory holidays by 5 days, with overlaps. Which is to say, 12 out of 17 general holidays are statutory holidays, while employees are not entitled to paid day-offs for the remaining 5.

In March 2021, the Hong Kong government had gazetted the Employment (Amendment) Bill 2021 to increase the number of statutory days to match the number of general holidays, by increments of one day every two years, until the year of 2030, when the change would be completed.

In the event that this change is executed, employers will have to be aware that their employees are now entitled to more paid leaves than before, and plan the company’s work schedules accordingly. The workforce would have been given time to adjust to these changes throughout the 8 years, and so the changes shouldn’t take anyone too much by surprise.

Proposed: Strengthening of Data Protection Laws

Personal data has become an increasingly valuable asset in the age of modern technology, while also easily abused for nefarious purposes. Employers should pay special attention to the proposal to strengthen data protection laws, as the handling of employee data would most certainly be affected. To stay fully compliant and save costs on hefty legal fees resulting from mishandling of personal data, it is important to always keep an eye on such changes.

Overall

Once a British colony, and now part of China, Hong Kong’s laws have been observed to be shifting to resemble more of China’s. These changes however are progressive changes, putting increased importance on the welfare of the workforce, as seen for the added protection of (pregnant, and breastfeeding) women, tightened security for personal data, and the increase in paid leaves in the form of additional statutory holidays. Perhaps welfare would continue to be in the spotlight of labor laws, with the increased importance on mental health taking place in developed countries too. Adding more welfare for employees would surely be a popular choice among employees, while keeping in line with the general direction these recent changes seem to be set in. For advice on HR policies as well as changes one should make in regards to employment laws, do keep our compliance advisory services in mind.

Articles referenced:

https://www.labour.gov.hk/eng/news/EAO2020.htm

https://www.info.gov.hk/gia/general/202103/05/P2021030300341.htm

It has been a long, drawn-out year with the fight against the global pandemic, and as the world shifts its gears to adapt to the new normal, there are finally more optimistic signs observed. Hong Kong, where the unemployment rate in 2020 suffered due to both political protests and the impacts of the pandemic, is finally on a gradual track to recovery.

On 20 July 2021, Hong Kong’s Census and Statistics Department revealed that the unemployment rate has dropped sharply to 5.5% for the 3 month period ending in June. Since the beginning of the pandemic in 2020, this is the lowest the unemployment rate has been. A closer look at the labour market across sectors has also confirmed that unemployment dipped across almost all the major business areas. This is even inclusive of sectors that were severely impacted by the impacts of the pandemic, such as the retail sector, in which the unemployment rate declined by 1.4 percentage points. 

Though figures still remain below pre-Covid rate, joblessness in many business services sectors such as real estate, insurance, and even retail, accommodation and restaurant sectors have dropped in tandem with the improvement of the economy. Data shows that In industries like finance, the number of people acquiring jobs has even grown.  

Undoubtedly, Hong Kong’s local economy is gaining momentum and it is on track to a gradual recovery. Given Hong Kong’s vaccine bubble scheme and the easing restrictions, the local epidemic situation is stabilising and businesses are slowly picking up and starting to hire again. It is still expected for the economic growth to continue experiencing volatility, but as of now, it is still a positive checkpoint for Hong Kong. 

If you are looking to expand your business services to Hong Kong, click here to be redirected to our PEO solutions service page. Connect with our consultants to get a deeper view of Hong Kong’s market outlook today.

This article is written in reference from:

Cannix Yau. (2021, July 20). Hong Kong unemployment rate drops to 5.5 per cent as city brings Covid-19 situation under control. Retrieved July 22, 2021, from South China Morning Post website: https://www.scmp.com/news/hong-kong/hong-kong-economy/article/3141811/hong-kong-economy-gathers-steam-unemployment-drops