Where an employment contract expressly states that a bonus is “discretionary” or is within the employer’s “absolute right” to declare, does an employer have an unfettered discretion to decide whether to declare bonuses? In BGC Partners (Singapore) Ltd and another v Sumit Grover [2024] SGHC 206, the General Division of the High Court reiterated that employers owe an implied duty to exercise their contractual discretion reasonably. What is considered reasonable would depend on the specific facts of the case.

In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce are greater than ever. We help employers navigate those challenges in our four-part webinar series featuring Baker McKenzie Global Employment Law colleagues from the Americas, Asia Pacific, Europe, and the Middle East and Africa who share legal updates and trends impacting US-based multinationals, and provide tips and best practices for your success.

If the US Federal Trade Commission’s final rule on noncompetes comes into effect (despite ongoing legal challenges), it will impose a nationwide, nearly complete ban on worker noncompete agreements. This ties in with a broader trend which sees global antitrust regulators closely monitoring HR practices. Specifically, antitrust regulators are now looking beyond competition among companies offering similar products and services, to the competition between employers as they vie to attract and retain employees.

In the face of intensifying geopolitical risk and continuing economic uncertainty, the challenges for global employers to plan carefully and operate strategically to maintain a thriving workforce is greater than ever. We’ll help employers navigate those challenges in our four-part webinar series featuring Baker McKenzie Global Employment Law colleagues from the Americas, Asia Pacific, Europe, and the Middle East and Africa who will share legal updates and trends impacting US-based multinationals, and provide tips and best practices for your success.

Rising investor expectations have spurred a global push for publicly listed companies to disclose comprehensive sustainability information. As a result, regulatory bodies worldwide are either mandating or strongly recommending the issuance of sustainability reports by PLCs, focusing on environmental, social, and governance factors. The integration of ESG disclosures with financial reporting enables investors to evaluate more accurately the financial outlook and management effectiveness of PLCs, a trend strongly supported by regulators.

The Tripartite Alliance for Fair and Progressive Employment Practices has issued the mandatory Tripartite Guidelines on Flexible Work Arrangement Requests, which will come into effect on 1 December 2024, as announced by the Ministry of Manpower on 16 April 2024.

Across jurisdictions, we see a rising trend towards more active ESG enforcement and litigation. In our The Year Ahead: Global Disputes Forecast 2024, nearly three-quarters (73%) of the respondents said that environmental, social and governance disputes presented as the top risks to their organizations in the coming year.
In this client alert, we provide a high-level overview of the key trends and developments in ESG enforcement and litigation in Singapore in three areas: greenwashing, employment law and anti-money laundering (AML).

Earlier this year, the Tripartite Committee released an interim report outlining its 20 recommendations for the proposed Workplace Fairness Legislation.
On 4 August 2023, the committee published its final report setting out its final set of 22 recommendations, following consultation and engagement with various stakeholders including employers, human resources and legal professionals, trade associations and chambers, union leaders, and various community organizations. The Singapore Government has accepted the final recommendations and will work closely with the Tripartite Partners to implement the recommendations in law in 2024.

It has become clear that flexibility is currency in the new working world and legal frameworks are evolving to catch up with the changing working culture. Four-day work-weeks, flexible working arrangements and the right to disconnect are all on offer to employees, giving the opportunity for better work-life balance, and giving employers a competitive edge in talent retention.

Baker McKenzie is proud to launch a series of webinars aimed at helping employers understand current employment trends and issues in the South East Asia region. Some of the topics discussed are Alternatives to the Traditional Employment Model, and complexities of Workforce Optimization.