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Global Employment Law Updates 2026: Asia-Pacific

A summary of upcoming employment law changes across the Asia-Pacific region in 2026, with practical impact for employers.

Employment law developments across the Asia-Pacific region in 2026 reflect a combination of structural reform, expanding employee protections, and evolving regulatory oversight. While the scope and pace of change differ widely by jurisdiction, employers can expect increased focus on pay standards, workplace conduct, social insurance coverage, and compliance obligations. 

The following overview outlines the most significant employment law updates anticipated across the region and the practical considerations for employers operating in Asia-Pacific.

Australia

Global Employment Law Updates 2026 Asia-Pacific (Australia)

Australia continues to see significant employment law reform, with several changes already in force and others expected to take effect through 2026. These developments strengthen employee protections across pay equity, workplace conduct, flexibility, and termination, and require employers to reassess contracts, policies, and workforce strategies.

Payday Superannuation Contributions

From 1 July 2026, employers will be required to pay superannuation contributions at the same time as wages or salaries, replacing the current quarterly payment model. Under this “payday super” approach, super must be processed in line with the employer’s regular pay cycle, whether weekly, fortnightly, or monthly.

Each payment of ordinary time earnings will trigger a seven-day deadline for super contributions to be received by the employee’s super fund. Limited exceptions will apply, including payments to new employees with less than two weeks’ service and irregular payments made outside the normal payroll cycle, such as one-off bonuses or reimbursements.

Where an employer fails to meet the seven-day deadline, the superannuation guarantee charge will become payable from the following calendar day, with daily compounding interest applied to the outstanding amount. Employers should review payroll systems, cash-flow planning, and internal controls well in advance of implementation.

Gender Equality Target-Setting for Large Employers

From April 2026, private-sector employers with 500 or more employees will be required to select and actively pursue formal gender equality targets under reforms administered by the Workplace Gender Equality Agency (WGEA). The changes will apply to approximately 2,000 large employers nationwide.

Affected employers must choose three targets from a prescribed list covering areas such as workforce gender composition, pay equity, flexible working arrangements, and the prevention of sexual harassment. At least one target must be numerical, while others may be action-based, such as conducting pay gap analyses or structured employee consultation.

Private-sector employers will nominate targets during the 2025–26 reporting period (1 April to 31 May 2026), while public-sector employers will do so between 1 September and 31 October 2026. Progress will be measured against baseline data submitted in the year preceding each three-year reporting cycle. Employers that fail to select targets or demonstrate progress risk public identification by WGEA and loss of a compliance certificate, which may affect eligibility for government contracts.

Expansion of Government-Funded Paid Parental Leave

Further reforms to Australia’s Paid Parental Leave (PPL) scheme will take effect from 1 July 2026, increasing the maximum entitlement to 26 weeks of government-funded leave. This represents a continued expansion from 24 weeks in 2025 and 22 weeks in 2024.

The portion of leave reserved for each parent in a couple on a “use-it-or-lose-it” basis will increase from three to four weeks, encouraging shared caregiving. Single parents will retain access to the full 26-week entitlement. The scheme continues to allow flexible use of leave over a two-year period following birth or adoption. Employers should ensure HR systems and employee communications reflect the expanded entitlements and increased flexibility.

Paid Parental Leave Following Stillbirth or Infant Death

Amendments to the Fair Work Act prohibit employers from cancelling or refusing paid parental leave where a child is stillborn or dies shortly after birth, subject to limited exceptions. This change requires employers to ensure that parental leave policies, payroll systems, and employment contracts appropriately reflect these expanded protections.

Review of the National Employment Standards (NES)

Australia’s National Employment Standards (NES) are currently under comprehensive review following the launch of a parliamentary inquiry in November 2025. This marks the first full review of the NES since the introduction of the Fair Work Act 2009.

While certain areas such as flexible work, casual employment, parental leave, and family and domestic violence leave are excluded due to recent reforms, the review may result in significant changes to other core entitlements. Matters under consideration include increasing the minimum annual leave entitlement from 20 to 25 days, strengthening redundancy pay provisions, removing small business exemptions, and reassessing redundancy frameworks in light of technology-driven job displacement.

The committee is currently receiving submissions, and any legislative outcomes are expected to shape employer obligations from 2026 onwards.

Apprenticeship Incentives and Employer Payments

New financial incentives aimed at supporting workforce development in clean energy and housing sectors will be introduced for employers hiring apprentices in designated Key Apprenticeship Priority (KAP) occupations.

Eligible employers may receive payments of up to AUD 5,000, paid in two instalments during an apprentice’s first year of training. At the same time, the existing Priority Hiring Incentive for non-KAP occupations will be reduced, with the maximum payment decreasing from AUD 5,000 to AUD 2,500 for apprentices undertaking a Certificate III or higher qualification outside the KAP list.

Employers should assess whether current or planned apprenticeship roles fall within priority classifications and factor revised incentive levels into workforce planning decisions.

Reforms to Non-Compete Clauses

Proposed amendments to the Fair Work Act 2009 would prohibit non-compete clauses for employees earning below the high-income threshold, currently set at AUD 183,100. In parallel, amendments under consideration to the Competition and Consumer Act 2010 may restrict or prohibit wage-fixing and non-solicitation arrangements between businesses. If implemented, these reforms would significantly limit post-employment restraints for a large segment of the workforce and increase reliance on alternative protections such as confidentiality, intellectual property provisions, and longer notice periods.

Prohibition on NDAs in Sexual Harassment Settlements (Victoria)

Proposed legislation in Victoria is expected to prohibit the use of non-disclosure agreements to settle sexual harassment claims unless confidentiality is specifically requested by the complainant. This represents a shift away from default confidentiality in settlement arrangements and will require employers to adjust settlement templates, complaint-handling processes, and internal training to reflect a more transparent framework.

‘Same Job, Same Pay’ Reforms

Under recent amendments to the Fair Work Act, labour hire workers are now entitled to receive the same pay as directly employed workers performing equivalent work. Decisions of the Fair Work Commission are progressively clarifying how the regime applies in practice. These reforms are intended to reduce pay disparities and are likely to affect the cost and structure of labour hire arrangements across multiple sectors.

Multi-Employer Bargaining

Amendments to the Fair Work Act now permit multi-employer bargaining, allowing unions to initiate bargaining across multiple employers without demonstrating majority employee support. This change has expanded the scope for coordinated bargaining and is expected to increase union activity, particularly in industries with traditionally fragmented workforces or expiring enterprise agreements.

Flexible Working Requests

The Secure Jobs, Better Pay reforms have strengthened employees’ rights to request flexible working arrangements. Recent case law highlights that refusals are subject to increased scrutiny and must be supported by clear, role-specific, and well-documented business grounds. Employers are therefore required to apply greater care and consistency when assessing flexible work requests.

Redeployment Obligations in Redundancy Situations

A recent High Court decision has clarified that employers’ redeployment obligations in redundancy cases must take into account all relevant circumstances, including the possibility of operational changes such as insourcing work, restructuring duties, or replacing contractors with employees facing retrenchment. This clarification reinforces the need for a broad and well-documented redeployment assessment before proceeding with terminations.

China

Global Employment Law Updates 2026 Asia-Pacific (China)

Employment regulation in China continues to evolve through a combination of policy initiatives and judicial interpretation rather than wholesale legislative reform. Measures introduced in 2025 will carry through into 2026, with a particular focus on employment stability, access to financial support, and clearer rules governing labour disputes and restrictive covenants.

Employment Stabilisation Policies and Social Insurance Relief

New policies introduced in mid-2025 aim to strengthen employment stability by expanding access to employment-related financing. More financial institutions are expected to participate in stabilisation loan programmes, improving availability for businesses and easing funding pressures. At the same time, tighter oversight of subsidies and loans has been introduced, with enhanced review processes and ongoing monitoring to ensure appropriate use of public funds.

Temporary relief measures are also available for employers experiencing genuine operational difficulties. Eligible businesses may apply to defer contributions to pension, unemployment, and work injury insurance schemes for an approved period, without incurring late payment penalties. Employers should monitor local implementation rules closely, ensure applications are accurate, and maintain detailed records in anticipation of audits or inspections.

Supreme People’s Court Interpretations on Labour Disputes

Revised judicial interpretations issued by the Supreme People’s Court in 2025 introduce a series of clarifications affecting employment contracts, post-termination obligations, and employer liabilities. These interpretations will have a practical impact on dispute resolution throughout 2026.

Key points include reinforced consequences for failing to enter into a written employment contract, with employers exposed to enhanced wage liabilities unless specific legal exceptions apply. The guidance also clarifies circumstances in which employers may seek compensation where employees leave before completing an agreed service period linked to special benefits or training, provided the employer is not at fault.

In addition, the interpretations refine the enforceability of non-compete restrictions, reinforcing the principle that such clauses must be limited to roles involving genuine access to sensitive information and should not be used to unduly restrict labour mobility.

Strengthened Guidance on Non-Compete Agreements

Further compliance guidance issued in late 2025 sets out clearer expectations for lawful non-compete arrangements. Employers must be able to identify the specific trade secrets or confidential information requiring protection and demonstrate that any restrictions imposed are necessary and proportionate.

Broad or overly restrictive non-compete clauses may be challenged, particularly where employees only have access to general business information. Employers are expected to notify affected employees of the scope of confidentiality obligations and the interests being protected. During 2026, organisations should review existing restrictive covenants, refine contractual language where needed, and monitor how courts apply the updated guidance in practice.

Hong Kong

Global Employment Law Updates 2026 Asia-Pacific (Hong Kong)
Hong Kong is set to broaden employee access to statutory employment benefits in 2026 through an updated definition of “continuous employment”. The changes are particularly relevant for employers engaging part-time staff or individuals with irregular working patterns. And there are other several important employment-related developments that take effect in 2026, spanning wage regulation, trade union governance, platform work, and statutory holidays.

Revised Threshold for Continuous Employment

From January 2026, the criteria used to determine whether an employee is in continuous employment will be adjusted. While the concept of a four-week employment period remains central, the method for assessing qualifying working hours within that period will become more flexible.

Under the revised framework, a week may count towards continuous employment if either a minimum weekly hours threshold is met, or if the employee has remained employed over a four-week period with total working hours reaching a specified cumulative level. This alternative calculation is designed to capture employment relationships that do not follow consistent weekly schedules.

As a result, more employees are expected to meet the continuous employment threshold and become entitled to statutory benefits, including paid annual leave, sickness allowance, family-related leave, and severance or long service payments.

Minimum Wage Policy

Following the 2025 Policy Address, the Hong Kong Government confirmed the introduction of a new mechanism for reviewing the statutory minimum wage. The revised approach adopts a formula proposed by the Minimum Wage Commission and establishes an annual review cycle. The first minimum wage rate determined under this mechanism is expected to take effect on 1 May 2026, marking a shift away from ad-hoc adjustments towards a more structured and predictable framework.

Trade Unions (Amendment) Ordinance

Significant changes to trade union regulation will take effect with the commencement of the Trade Unions (Amendment) Ordinance 2025 on 5 January 2026. The amendments expand regulatory oversight in areas linked to national security and union governance.
Under the new regime, the Registrar of Trade Unions will have enhanced powers to refuse registration or amalgamation where necessary to protect national security, disqualify individuals convicted of national security offences from holding union office, restrict trade union affiliations, and regulate the receipt and use of foreign funding.

Penalties for non-compliance will also increase, requiring employers engaging with unions to be mindful of the revised regulatory environment.

The gig economy and platform workers

The regulation of platform work and the gig economy is also expected to evolve further. In October 2025, legislation was passed to establish a licensing framework for ride-hailing platforms. Once implemented, platforms will be required to hold a dedicated licence and comply with prescribed operational conditions. 

These include eligibility requirements for drivers, such as age thresholds, clean driving records, and mandatory assessments, as well as vehicle age limits. The new regime is expected to come into force no earlier than October 2026. 

In parallel, the government has signalled its intention to strengthen protections for platform workers more broadly, with further legislative proposals expected following consultations with platform operators, labour representatives, academics, and the insurance sector. Work-injury compensation is anticipated to be a key focus of these reforms.

Addition of Easter Monday Holiday

Changes to statutory holidays will continue as part of Hong Kong’s gradual alignment of statutory and general holidays. From 2026 onwards, Easter Monday will be designated as a statutory holiday, increasing the total number of statutory holidays to 15. 

This forms part of the phased reforms introduced under the Employment (Amendment) Ordinance 2021, which aim to raise the total number of statutory holidays to 17 by 2030. Employers should ensure holiday entitlements and payroll systems reflect the additional statutory holiday and that eligible employees receive statutory holiday pay in accordance with the Employment Ordinance.

India

Global Employment Law Updates 2026 Asia-Pacific (India)
India has formally brought its four consolidated Labour Codes into force through central government notifications issued in late 2025. Together, these Codes replace 29 existing central labour statutes and are intended to create a more streamlined and uniform compliance framework.

However, the transition is far from complete. While the overarching legislation is now operative, many implementing rules, schemes, and state-level regulations remain pending. As a result, 2026 will be a critical year for employers as the practical application of the new framework continues to evolve across different states.

Code on Wages

The Code on Wages introduces a unified approach to wage regulation by consolidating multiple legacy laws into a single statute. It standardises key definitions, including “employee” and “wages”, prohibits gender-based wage discrimination, and introduces a national floor wage alongside state-level minimum wages.

The Code also harmonises provisions on working hours, overtime, permissible deductions, statutory bonuses, and full-and-final settlements. While the Code is already in effect, further notifications and state rules are expected in 2026. Employers should review payroll structures, working time policies, and deduction practices to ensure alignment with the revised framework, while also checking consistency with applicable state legislation.

Social Security Code

The Social Security Code brings together rules governing provident fund contributions, employee insurance, gratuity, maternity benefits, and employment-related compensation. It also extends coverage to categories such as unorganised, gig, and platform workers, while introducing clearer enforcement mechanisms and penalties.

Although the Code is operational, detailed schemes and state-specific rules are still awaited. Employers should monitor central government announcements closely and be prepared to update payroll and compliance processes as new contributions and reporting requirements are clarified.

Industrial Relations Code

The Industrial Relations Code restructures the legal framework for trade unions, collective bargaining, dispute resolution, and workforce restructuring. It introduces mandatory grievance redressal committees, rules on negotiating unions, a worker re-skilling fund, and uniform penalties for non-compliance.

Employers should assess how the revised definition of wages may affect severance-related calculations and monitor further guidance on union recognition and verification procedures, particularly in workplaces with multiple unions.

Occupational Safety, Health and Working Conditions Code

The Occupational Safety, Health and Working Conditions Code consolidates laws covering contract labour, inter-state migrant workers, construction, mining, plantations, and other regulated sectors. It introduces a common registration system, standardised working hour limits, harmonised leave entitlements, revised night work provisions, and restrictions on the use of contract labour in core activities.

Further rules are expected to be issued during 2026, both at central and state level. Employers should continue tracking regulatory developments, update registration and reporting processes, and ensure health and safety practices remain aligned with emerging requirements.

Indonesia

Global Employment Law Updates 2026 Asia-Pacific (Indonesia)

Indonesia is expected to undergo further employment law reform through 2026, following ongoing constitutional challenges to the existing manpower framework. Anticipated changes may affect core employment regulation, outsourcing arrangements, and employer reporting obligations, requiring close monitoring by organisations operating in the country.

New Manpower Law

The Constitutional Court has ordered the government to enact a new manpower law by 1 November 2026. This directive follows multiple judicial reviews of the current Manpower Law framework, under which several provisions of Law No. 13 of 2003 and its 2023 amendments were found to be inconsistent. A number of implementing government regulations have also been questioned due to insufficient legislative delegation.

While the content of the new law has not yet been published, it is expected to consolidate and clarify key aspects of employment regulation. Employers should monitor legislative developments closely and be prepared to review employment contracts, internal policies, and workforce management practices once the new law is enacted.

Outsourcing Arrangements

Recent legislative changes removed the traditional distinction between outsourcing of personnel and outsourcing of work. Further regulations are expected in 2026 to clarify which categories of work may be outsourced and under what conditions.

Until clearer guidance is issued, employers should closely track regulatory developments and be prepared to reassess existing outsourcing structures to ensure compliance with the revised framework once implementing rules are released.

Reporting Obligations for Job Vacancies

Employers in Indonesia are required to report job vacancies through the Ministry of Manpower’s KarirHub platform. While current enforcement is largely limited to written warnings for non-compliance, new legislation is expected to introduce more stringent administrative sanctions.

Potential penalties under the proposed framework may include suspension of access to manpower-related services, such as approvals for amendments to company regulations. Employers should ensure that vacancy reporting processes are consistently followed and prepare for stricter enforcement once the new rules take effect.

Japan

Global Employment Law Updates 2026 Asia-Pacific (Japan)

Japan is set to introduce a series of employment law reforms through 2026 that significantly expand employer responsibilities in relation to harassment prevention, workplace equality, and occupational health and safety. These changes will require updates to policies, training frameworks, and internal reporting processes.

Mandatory Measures Against Customer Harassment

From 1 October 2026, employers will be required to implement measures to protect employees from harassment by customers, business partners, facility users, and other external parties. This marks a clear shift away from treating harassment solely as an internal workplace issue, extending employer responsibility to conduct originating outside the organisation.

Customer harassment is defined as behaviour by third parties that exceeds socially acceptable norms and adversely affects employees’ working environment. Employers will be expected to introduce preventive and responsive measures in line with guidance issued by the Ministry of Health, Labour and Welfare (MHLW), including internal policies, designated reporting or consultation channels, and appropriate employee support mechanisms.

Supporting the Balance Between Medical Treatment and Work

From 1 April 2026, employers will be required to make reasonable efforts to support employees who are balancing ongoing medical treatment with work responsibilities. While framed as an obligation to make efforts rather than a strict mandate, expectations will centre on flexible working arrangements, workload adjustments, and internal consultation processes aligned with MHLW guidelines.

Employers should review existing absence management, reasonable accommodation, and flexible working practices to ensure they are capable of supporting employees managing long-term health conditions.

Strengthened Protections Against Sexual Harassment in Recruitment

Japan is extending sexual harassment prevention obligations beyond current employees to include job seekers, students, interns, and other applicants. Employers will be required to take proactive steps to prevent harassment across all stages of recruitment, including interviews, internships, alumni networking activities, and other early-career engagement programmes.

Required measures will include establishing internal policies and providing targeted training to personnel involved in recruitment activities, in accordance with forthcoming MHLW guidance. The effective date has not yet been fixed but will be set within 18 months from the promulgation of the amended legislation. Noncompliance may result in administrative guidance and public disclosure.

Enhanced Gender Pay Gap and Workforce Transparency Requirements

From April 2026, employers with 101 or more employees will be required to publicly disclose gender pay gap data and the proportion of female managers within their workforce. These enhanced disclosure obligations are intended to strengthen transparency and accountability around workplace equality.

In addition, employers seeking special government certification will be required to disclose measures taken to prevent sexual harassment of job seekers. Organisations should begin preparing data collection processes and reviewing internal reporting structures to meet these new requirements.

Expanded Occupational Safety and Health Obligations

Amendments to Japan’s industrial safety legislation will broaden the scope of occupational health and safety responsibilities, with phased implementation beginning in April 2026. Employers and site operators will be required to extend safety and accident prevention measures to contractors and sole proprietors working alongside employees.

Sole proprietors will be recognised both as protected individuals and as parties subject to certain obligations under the legislation. Occupational accident reporting requirements will also be expanded to cover incidents involving sole proprietors, and operators of hazardous worksites will be expected to coordinate safety measures for all personnel on site.

Stress check obligations will be extended to smaller workplaces that were previously exempt, with the effective date to be specified within three years from promulgation. 

In addition, from April 2026, employers will be expected to implement targeted safety measures for senior workers, including adjustments to the physical work environment, job duties, and training, reflecting Japan’s ageing workforce.

Employers should review health and safety frameworks, contractor management practices, and employee wellbeing initiatives to ensure readiness for the phased rollout of these reforms.

Malaysia

Global Employment Law Updates 2026 Asia-Pacific (Malaysia)

Malaysia is set to introduce several key employment law changes in 2026, affecting payroll, employee insurance, and obligations around new hires. Employers should review internal processes to ensure readiness for the upcoming regulatory requirements.

Revised Minimum Salary Thresholds for Expat Employment Pass Holders

Under the revised framework, the minimum base monthly salary for all Employment Pass applications will increase from MYR 3,000 to MYR 5,000, and roles offering salaries between MYR 3,000 and MYR 4,999 will no longer qualify for an Employment Pass.

The revised Employment Pass categories will apply to new applications and renewals submitted from 1 June 2026, with the following salary bands:

  • Employment Pass Category I: MYR 20,000 and above per month
  • Employment Pass Category II: MYR 10,000 to MYR 19,999 per month
  • Employment Pass Category III: MYR 5,000 to MYR 9,999 per month

These thresholds represent a substantial increase from the current framework, particularly for Category I roles, where the minimum salary has effectively doubled. Employers should review all expatriate positions to confirm that role seniority, responsibilities, and compensation levels align with the revised categorisation.

Higher Salary Requirements for Manufacturing Sector Roles

In the manufacturing and manufacturing-related services sector, stricter salary requirements will apply for Employment Pass Category III positions. For these roles, the minimum monthly salary will increase to MYR 7,000, exceeding the general Category III threshold.

This higher sector-specific requirement reflects the government’s intent to further limit lower-paid expatriate employment in sectors with strong local talent availability. Manufacturing employers should assess whether existing and planned Category III roles will continue to qualify under the revised criteria or require reclassification or salary adjustments.

Employer Notification Duties

Employers will be required to notify the Social Security Organisation (SOCSO, or PERKESO (Pertubuhan Keselamatan Sosial) in Malay) in writing about any new or vacant positions prior to hiring and within seven days after the position is filled. This is expected to become law in 2026, contingent on the passage of the Employment Insurance System (EIS) Amendment Bill. Employers should prepare notification procedures to ensure timely compliance.

Expanded Employment Insurance Coverage and Benefits

The EIS will extend coverage to include gig and casual workers, alongside standard employees. The updated scheme introduces enhanced benefits, including:

  • A mobility allowance of RM1,000
  • Increased re-employment allowance (50%)
  • Training allowance of up to RM30 per day
  • An increased training fee cap of RM7,000

Employers should monitor developments and adjust administrative processes to ensure proper reporting and employee access to the new benefits.

Prohibition on Recovering Employer Contributions

Employers will only be permitted to deduct employees’ contributions from wages. Recovering the employer’s portion of contributions from employees will be prohibited. Organisations should review employment contracts and amend any clauses that previously allowed recovery of employer contributions.

Non-Employment Injury Insurance

The new LINDUNG 24/7 scheme will provide coverage for non-employment-related injuries. Employees with multiple employers must nominate a single employer for contribution deductions. Employers are responsible for remitting both the employer and employee portions to SOCSO and must ensure accurate payroll deductions in line with the prescribed rates.

Stamp Duty Exemption Increase

The wage threshold for stamp duty exemption on employment contracts will increase from RM300 to RM3,000 per month, effective 1 January 2026. Employers should update payroll and employment documentation to reflect the new threshold.

Gig Workers Bill 2025

The bill establishes minimum terms for gig workers, provides access to the Gig Workers Tribunal for dispute resolution, and introduces protections including transparency in automated decisions, the right to human review, and mandatory SOCSO registration for platform-based workers. Employers engaging gig workers should review contracts and ensure registration for SOCSO where required.

New Zealand

Global Employment Law Updates 2026 Asia-Pacific (New Zealand)

A range of employment law changes are expected to take effect in New Zealand through 2026, alongside reforms already implemented in 2025. Together, these developments affect industrial action, pay equity, leave entitlements, termination practices, and collective bargaining, and may require employers to review employment agreements, payroll systems, and workforce management approaches.

Minimum Wage Increase for 2026

The adult minimum wage in New Zealand will increase to NZD 23.95 per hour from 1 April 2026, representing a rise of 45 cents from the current rate of NZD 23.50. The training and starting-out minimum wages will also increase to NZD 19.16 per hour, maintaining their position at 80% of the adult minimum wage.

For a full-time employee working 40 hours per week, this change equates to an increase of approximately NZD 18 per week or NZD 936 per year before tax. Employers should review payroll systems and wage structures to ensure compliance ahead of the April 2026 implementation date.

Health and Safety Reform Focused on Critical Risks

Reforms to New Zealand’s Health and Safety at Work Act 2015 are expected to be finalised in 2026, with a policy shift aimed at simplifying compliance for low-risk businesses while strengthening obligations in higher-risk sectors. The proposed changes will refocus employer duties on the management of critical risks, reducing administrative burden for smaller or lower-risk operators.

At the same time, regulators continue to emphasise the importance of addressing psychosocial hazards, including stress, fatigue, bullying, and excessive workload pressures. Employers should ensure that health and safety frameworks, risk registers, and internal policies address both physical and mental wellbeing, as enforcement attention increasingly spans both areas.

Privacy Act Amendment: New Information Privacy Principle 3A

From 1 May 2026, a new Information Privacy Principle (IPP 3A) will introduce notification obligations where personal information is collected from a third party, rather than directly from the individual concerned. This may include information obtained through background screening providers, recruitment agencies, or referral partners.

Under the new rule, organisations must take reasonable steps to inform individuals that their personal data has been collected indirectly, aligning New Zealand’s privacy regime more closely with international standards applied in Australia and the EU. Employers should review data-collection practices, assess reliance on third-party providers, update privacy notices, and ensure staff are trained to identify when notification requirements are triggered.

Partial Pay for Partial Strikes

Employers are now permitted to deduct pay from employees who participate in partial strike action. Deductions may be calculated either by reference to the specific duties not performed or by applying a standard 10% reduction. This change provides greater clarity and flexibility for employers managing partial industrial action.

Equal Pay Claims

Recent reforms have narrowed the scope of equal pay claims. Employees must now demonstrate both historical and ongoing undervaluation of work, and the role in question must have been at least 70% female-dominated for a minimum of ten years. Internal comparators must be used wherever available, and claims cannot proceed without an appropriate comparator. These changes significantly raise the evidentiary threshold for equal pay claims.

Pay Transparency

Employees now have an explicit right to discuss their pay without fear of adverse treatment. Any retaliation or disadvantage suffered as a result of pay discussions may give rise to a personal grievance. Employers should ensure policies and management practices do not discourage lawful pay transparency.

Proposed Replacement of the Holidays Act

The government has proposed replacing the Holidays Act with a new Employment Leave Act. The proposed framework is expected to introduce accrual of annual and sick leave from day one of employment, simplify leave calculations, extend sick leave compensation to casual employees, and permit the cashing out of additional annual leave. If enacted, these changes would require substantial updates to payroll systems and leave management processes.

Independent Contractor Status

Proposed amendments to the Employment Relations Act are expected to introduce a new statutory test called the “gateway test” for determining whether a worker is an independent contractor or an employee. Where all criteria are satisfied, the worker will be classified as a “specified contractor” and excluded from employee status.

The test requires, among other conditions, a written agreement confirming non-employee status, freedom to work for others, no obligation to accept work or maintain availability, the ability to subcontract, protection against termination for refusing additional tasks, and a reasonable opportunity to seek independent advice before entering the arrangement.

Further clarification will allow businesses to vet subcontractors for role-specific qualifications or require criminal record checks where justified by the nature of the work. Employers should review contractor arrangements carefully once the legislation is finalised to ensure continued compliance.

Grievance Remedies

Proposed changes aim to reduce available remedies where an employee has contributed to the circumstances giving rise to a personal grievance. While the right to bring a grievance would remain, compensation and other remedies may be reduced in cases involving employee misconduct or contributory behaviour.

Unjustified Dismissal Claims for High Earners

Under proposed reforms, employees earning above NZD 180,000 would no longer be able to bring unjustified dismissal claims. A transitional period is expected to allow employers and affected employees to renegotiate employment agreements, including termination-related provisions.

Termination Discussions

Further proposed changes would permit employers to initiate termination discussions with employees without the content of those discussions being relied upon in subsequent claims. This is intended to encourage earlier and more open conversations around exit arrangements, subject to good-faith obligations.

Union Relations

The government is expected to remove the “30-day rule” requiring new employees to be employed on collective agreement terms for their first 30 days. This change would provide greater flexibility at the start of employment and reduce the automatic extension of collective agreement conditions to new hires.

Employment Relations Amendment Bill

The Employment Relations Amendment Bill, reported back from select committee on 8 December 2025, proposes a wide-ranging set of changes aimed at reducing labour market regulation. If enacted, several reforms are expected to take effect during 2026.

Key proposals include the removal of the “30-day rule”, meaning new employees would no longer be required to start employment on collective agreement terms where a collective is in place. Employers would also no longer be required to provide an “active choice” form or pass on union-supplied information to new hires.

The Bill further proposes restricting access to personal grievance remedies, particularly where employee conduct contributes to the dispute. Remedies may be reduced or removed entirely in cases involving serious misconduct, contributory behaviour, or procedural errors that do not undermine the overall fairness of the employer’s actions.

Philippines

Global Employment Law Updates 2026 Asia-Pacific (Philippines)

Several regulatory developments introduced in 2025 will continue to shape employer compliance obligations in the Philippines throughout 2026. The changes affect foreign employment, dispute resolution procedures, and workplace health and safety, requiring employers to review processes and documentation carefully.

Employment of Foreign Nationals

New rules issued by the Department of Labor and Employment (DOLE) have updated the framework governing the employment of foreign nationals. Corporate officers are now exempt from the publication requirement associated with the labour market test, while certain sectors are subject to a mandatory economic needs assessment.
Revised procedures also apply to Alien Employment Permit (AEP) applications, exemptions, and enforcement. The rules introduce clearer penalty provisions, including administrative fines of up to PHP 10,000 per act and potential bans on AEP issuance for foreign nationals lasting between five and ten years. While DOLE encourages employers to post vacancies on PhilJobNet and through PESO or JPO offices to support labour market testing, such postings are not a formal prerequisite for filing an AEP application.

These changes have been effective since 9 February 2025. Employers should ensure that visa and work permit processes are aligned with the updated requirements and that internal compliance checks are in place for AEP applications and related job postings.

Revised Mediation Rules under the Single-Entry Approach (SENA)

Amendments to the Single-Entry Approach (SENA) framework took effect on 2 March 2025. The revised rules update the categories of disputes excluded from SENA, allow employers to initiate mediation proceedings, and permit requests for assistance to be filed online.

Employers engaging in SENA mediation should familiarise themselves with the revised procedures to ensure efficient handling of disputes and to maximise the opportunity for early resolution.

Occupational Health and Safety (OSH) Regulations

New occupational health and safety regulations effective from 16 May 2025 introduce more tailored compliance requirements. These include industry- and establishment-specific obligations, recognition of emerging work arrangements, and expanded equivalency rules for OSH personnel qualifications, training, and reporting. The enforcement framework has also been updated to include graduated penalties for wilful violations.

Employers should review existing OSH policies, training programmes, and reporting systems to ensure alignment with the revised standards.

Suspension of SEBA Certifications

Following a Court of Appeals ruling, the processing of requests for Sole and Exclusive Bargaining Agent (SEBA) certification was suspended from 1 August 2025. Requests submitted after this date are now treated as petitions for certification election, while applications filed prior to the suspension continue to be processed under the previous rules.

Employers should take this procedural change into account when managing collective bargaining relationships and responding to union-related requests.

Singapore

Global Employment Law Updates 2026 Asia-Pacific (Singapore)

Singapore is continuing to strengthen its workplace equality and family-support framework, with key reforms expected to take effect during 2026 and 2027. Employers should begin reviewing internal policies, grievance processes, and leave administration to ensure readiness for the next phase of implementation.

Revised COMPASS Framework for Employment Passes

From 1 January 2026, updates to the Complementarity Assessment Framework (COMPASS) will apply to Employment Pass applications. While the minimum qualifying salary for Employment Pass holders remains unchanged, employers will need to assess candidates against revised scoring criteria.

Key updates are as follows:

Feature Earlier Rule (2025) 2026 Update Impact
Employment Duration 1–6 years cumulative cap No fixed cap Allows longer periods of employment
Age Limit Up to 60 years Increased to 63 years Expands eligibility for older workers
Performing Artiste Permit Scheme in place Ends June 2026 Permit category discontinued
S Pass Salary Floor SGD 3,000 SGD 3,300 Higher salary threshold for skilled workers
Application Process Paper-based and partially online Fully digital Streamlined and faster processing

Workplace Fairness Act (WFA)

The Workplace Fairness Act, which consolidates the Workplace Fairness Bill and the Workplace Fairness (Dispute Resolution) Bill, is being implemented in phases and is expected to become fully enforceable between 2026 and 2027. Once in force, it will introduce a comprehensive statutory framework governing workplace discrimination and dispute resolution.

Key features include:

  • Statutory Tort of Discrimination: Employees will have a legal right to seek remedies, including damages or reinstatement, for discriminatory actions throughout the employment lifecycle. Employers should ensure recruitment, appraisal, promotion, and termination processes are objective, documented, and free from bias.
  • Formal Grievance Procedures: Employers will be required to implement written grievance-handling processes for complaints related to discrimination and harassment. Processes must include inquiry, review, communication of outcomes, and confidential record-keeping.
  • Anti-Retaliation Protections: Employees raising grievances in good faith will be protected from retaliation, even if complaints are unsubstantiated. Employers must embed these safeguards in HR policies and ensure supervisors and HR personnel are trained.
  • Structured Dispute Resolution: The WFDRB introduces a formalised pathway including internal grievance handling, mandatory mediation, and adjudication before the Employment Claims Tribunal (up to SGD 250,000) or the High Court. Employers should familiarise HR teams with these procedures and consider legal guidance for high-value claims.

Employment Act Review

Singapore’s Employment Act, last comprehensively reviewed in 2019, is currently under government review, with recommendations expected in the second half of 2026. While no formal amendments have yet been announced, early indications suggest that the review may lead to enhanced statutory protections for employees.

Areas under consideration include a possible increase in minimum statutory annual leave entitlements, which currently range from seven to fourteen days depending on length of service. The review may also reassess the salary thresholds that determine eligibility for overtime pay, which are presently set at SGD 4,500 per month for workmen and SGD 2,600 for non-workmen who are not professionals, managers, or executives.

In addition, changes may be proposed to the automatic transfer of employment provision under Section 18A of the Employment Act, which has drawn criticism in practice. Employers should follow consultation outcomes carefully and be prepared to review employment contracts, leave policies, and payroll practices if amendments are introduced.

Expansion of Shared Parental Leave

From 1 April 2026, eligible working parents will be entitled to ten weeks of paid shared parental leave, an increase from the current six-week entitlement. This expansion is intended to promote greater shared caregiving responsibilities and workforce participation.

Employers should update parental leave policies, internal guidelines, and payroll systems to reflect the extended entitlement, and ensure managers are equipped to plan for longer shared leave periods across teams.

Changes to Retirement and Re-employment Ages

Singapore will further raise statutory age thresholds to support longer workforce participation. From 1 July 2026, the statutory retirement age will increase to 64, while the re-employment age will rise to 69, up from the current thresholds of 63 and 68 respectively.

South Korea

Global Employment Law Updates 2026 Asia-Pacific (South Korea)

South Korea will see wide-ranging employment law changes take effect through 2025 and 2026, with significant implications for labour relations, wage compliance, and employee family-related entitlements. Employers operating in the country will need to prepare for a more regulated and enforcement-driven environment.

Minimum Wage Rise

The Minimum Wage Council under the Ministry of Employment and Labour has set the statutory minimum wage for 2026 at KRW 10,320 per hour. Based on the standard calculation of 209 working hours per month, this corresponds to a monthly minimum wage of KRW 2,156,880. Employers should ensure that payroll systems and employment contracts are updated to reflect the revised minimum wage from the start of 2026.

Proposed Amendment to Shift Employment Insurance Eligibility from Hours-Based to Income-Based

The Ministry of Employment and Labour has proposed amendments to the Employment Insurance Act that would fundamentally change eligibility for unemployment insurance benefits. The draft legislation would replace the current working-hours-based eligibility standard with an income-based threshold. Under existing rules, employees who work fewer than 15 hours per week on average over a four-week period do not accumulate qualifying employment periods for unemployment benefits. The proposed amendment would allow eligibility regardless of working hours, provided the employee’s wages exceed a minimum income level to be set by regulation.

Reform of Trade Union and Labour Relations Framework

From March 2026, amendments to the Trade Union and Labour Relations Adjustment Act will introduce fundamental changes to how labour-management relations are regulated. Often referred to as the “Yellow Envelope” reform, the amendments broaden the definition of employer responsibility, expand eligibility for union membership, and widen the scope of what may constitute an industrial dispute.

A key feature of the reform is the restriction on employers’ ability to claim damages against unions and workers in connection with industrial action. These changes are expected to strengthen collective labour activity and alter the balance of risk in disputes.

Employers should anticipate increased complexity in collective bargaining and industrial relations strategy, and review internal policies to ensure alignment with the revised legal framework.

Enhanced Sanctions for Late Wage Payments

South Korea has significantly strengthened enforcement mechanisms for wage payment compliance. From late 2025, delayed wage payments will attract higher financial, administrative, and criminal consequences.

Interest on unpaid wages will apply at a high annual rate and will now extend to current employees, not only former workers. Employers with repeated arrears may be publicly disclosed to credit institutions, face restrictions on financing, and lose access to government subsidies. In serious cases, late payment may result in criminal liability, including restrictions on overseas travel and the loss of non-prosecution protections, even if wages are later settled.

Employees affected by intentional or repeated delays may also seek enhanced damages, substantially increasing employer exposure. As a result, timely and accurate wage payments will be critical to risk management.

Expansion of Family-Related Leave and Flexible Working Rights

Earlier reforms introduced in 2025 substantially expanded employee entitlements relating to childcare, parental leave, and pregnancy protection.

Childcare leave periods have been extended, with greater flexibility in how leave is taken and broader eligibility for parents caring for children with additional needs. Reduced working hours for childcare purposes will now apply until a later child age and may be extended where statutory leave has not been fully used.

Paternity leave entitlements have doubled, while leave related to fertility treatment has also been expanded, including mandatory paid days. Pregnancy protection rules now apply earlier in pregnancy, with enhanced safeguards for high-risk cases. Additional protections apply in situations involving premature birth, miscarriage, or stillbirth, with longer statutory leave periods in place.

Employers should update rules of employment, HR policies, and payroll systems to reflect the expanded entitlements and ensure that supporting documentation and certification processes are handled consistently.

Thailand

Global Employment Law Updates 2026 Asia-Pacific (Thailand)

Thailand is implementing a series of employment law changes through late 2025 and 2026 that will affect employer cost planning, statutory benefits administration, and workforce reporting obligations. Employers should begin preparing well in advance to ensure a smooth transition.

Mandatory Employee Welfare Fund Contributions

The long-anticipated Employee Welfare Fund will come into force from October 2026, following a one-year postponement. Employers and employees will each be required to contribute a percentage of wages, starting at 0.25 per cent for an initial five-year period, with contribution rates increasing thereafter.

Employers with more than ten employees will be required to register with the Fund unless they already operate a provident fund or an equivalent approved scheme. Organisations should assess existing benefit arrangements, budget for the additional statutory cost, and monitor further regulatory guidance ahead of implementation.

Expanded Family Leave and Employee Protections

Amendments to Thailand’s Labour Protection Act significantly broaden statutory leave entitlements and strengthen worker protections. Maternity leave entitlements will increase, with a greater portion of leave required to be paid at full salary. New forms of childcare leave will also be introduced to support employees managing newborn health complications.

In addition, a new form of paid spousal childbirth support leave will apply, allowing employees time off around the birth of a child. These changes will require updates to internal leave policies, payroll systems, and employee communications.

The amendments also extend employment-style protections to certain service contractors working under government supervision, narrowing the distinction between employees and contractors in the public sector context.

New Annual Workforce Reporting Obligations

Employers with ten or more employees will be subject to a new annual reporting requirement, mandating submission of employment and working conditions data at the start of each year. Employers should establish internal processes to capture and validate workforce data accurately and on time.

Vietnam

Global Employment Law Updates 2026 Asia-Pacific (Vietnam)

Vietnam is introducing a series of labour and social insurance reforms between 2025 and 2026 that will directly affect payroll administration, contract management, and expatriate workforce planning. Employers operating in Vietnam should begin reviewing internal systems to ensure readiness.

Minimum Wage Increase for 2026

Vietnam has raised the regional statutory minimum wage effective 1 January 2026 under Decree No. 293/2025/ND-CP. The monthly and hourly minimum wage levels will increase across the four geographic regions as follows (with the precise figures depending on the employer’s location):
  • Region I will be set at VND 5,310,000 per month (approximately VND 25,500 per hour),
  • Region II at VND 4,730,000 (VND 22,700/hour),
  • Region III at VND 4,140,000 (VND 20,000/hour), and
  • Region IV at VND 3,700,000 (VND 17,800/hour). 

This adjustment represents an average increase of around 7% compared to the previous rates and reflects the government’s effort to align wage floors with inflation and living costs. Employers should adjust payroll systems and labour cost planning to incorporate the revised minimum wage levels from the start of 2026.

Expanded Coverage for Unemployment Insurance

From January 2026, the scope of labour contracts subject to unemployment insurance will widen significantly. Under the new Law on Work, employees engaged under contracts of one month or longer will fall within the unemployment insurance regime, lowering the previous three-month threshold.

This change will bring a broader segment of the workforce into statutory coverage.

  • Employees engaged under fixed-term labour contracts with a duration of one month or longer, expanding coverage beyond the previous three-month threshold.
  • Part-time employees whose monthly earnings are equal to or exceed the minimum salary used as the basis for compulsory social insurance contributions under the 2024 Social Insurance Law.
  • Individuals working under agreements that may be described differently but, in substance, constitute a paid employment relationship, where the work is performed under the management, supervision, and direction of another party.

Employers should review all existing contract types, identify newly covered employees, and ensure payroll systems accurately calculate, deduct, and remit the required contributions.

New Maximum Cap on Unemployment Benefits

While the method for calculating unemployment benefits remains unchanged under the Employment Law 2025, a new upper limit has been introduced to place a ceiling on monthly benefit payments. From 1 January 2026, unemployment benefits will be capped at five times the applicable regional minimum wage in force during the employee’s final month of unemployment insurance contributions.

This measure is intended to support the long-term sustainability of the unemployment insurance fund, particularly in higher-income cases, while preserving the underlying contribution-based structure of the system.

Zone Previous cap (until 31 December 2025) New cap (from 1 January 2026)
Zone I VND 24,800,000 VND 26,550,000
Zone II VND 22,050,000 VND 23,650,000
Zone III VND 19,300,000 VND 20,700,000
Zone IV VND 17,250,000 VND 18,500,000

In addition to introducing a benefit cap, the Employment Law 2025 shortens the waiting period before unemployment benefits are paid. Eligible employees will now begin receiving benefits from the 11th working day following submission of a complete application, rather than from the 16th day as under the current rules.

Changes to the Basis for Statutory Insurance Contributions

Vietnam has abolished the use of a fixed “base salary” for calculating statutory insurance contributions. Instead, contributions will be calculated using a reference salary issued periodically by the Government.

This reform requires employers to closely monitor official announcements on reference salary levels and adjust payroll configurations accordingly. Failure to update contribution calculations in line with revised reference salaries may lead to compliance risks.

Introduction of Electronic Labour Contracts

Vietnam is transitioning toward a digital labour contract framework under Decree No. 337/2025/ND-CP, which was issued to implement provisions of the revised Employment Law. All electronic labour contracts (e-contracts) must be created, signed, and stored in digital form and linked to a centralised National Electronic Labour Contract Platform by 1 July 2026.

The decree establishes that e-contracts will have the same legal validity as traditional paper contracts, and requires that identifiers and digital signatures be used in compliance with electronic transactions law and data protection requirements. 

Employers should begin preparing their systems for secure digital contract execution, digital identity management, and integration with the central platform to ensure compliance before the mid-2026 deadline.

More Flexible Rules for Expatriate Employees

Recent changes have eased several restrictions applicable to foreign nationals working in Vietnam. Expatriates may now work for up to 90 days per year without a work permit, and the previous minimum experience requirement for foreign experts has been removed.

At the same time, responsibility for issuing work permits has moved from the former Ministry of Labour, Invalids and Social Affairs (MOLISA) to provincial People’s Committees. Employers engaging foreign talent should update recruitment and mobility processes and ensure compliance with localised permit procedures.

Transfer of Labour Authority to the Ministry of Home Affairs

All labour-related functions previously administered by MOLISA have now been transferred to the Ministry of Home Affairs and its local departments. This affects a wide range of employer interactions, including registration of internal labour regulations and notifications related to workforce restructuring.

Employers should update internal compliance workflows and confirm the correct authorities and contact points for ongoing labour matters.

How Beyond Borders HR Can Help You

Staying compliant with evolving employment laws is challenging especially for organisations operating across multiple jurisdictions. Beyond Borders HR provides expert support to help your organisation adapt effectively and meet these requirements.

Here’s how we can assist you:

  • Compliance Expertise: Our team stays ahead of legislative updates, ensuring your policies meet legal standards across jurisdictions.
  • Strategic Support: We offer practical solutions to help you align workplace practices with legal obligations while fostering a positive work environment.
  • Professional Guidance: Our team specialises in addressing the complexities of cross-border HR challenges, offering personalised solutions to your workforce.

Need help with employment legislation in a specific country?

Get in touch with Beyond Borders HR today to ensure your organisation is ready for the changes 2026 brings.

For any further inquiries or to discuss your specific needs, please feel free to contact us
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