Employment Advice

Minter Ellison advises on the full range of employment matters that arise from recruitment to termination, including contracts of employment, policies, employee disputes (including acting in a wide range of litigious matters – both during and after employment), restructuring and redundancies, return to work issues, performance management and misconduct issues, and executive issues (including corporate governance, remuneration and shareholder approval issues).

We continue to be at the forefront of the increase in litigation arising from employers seeking to enforce confidentiality and post-employment restraints and other obligations relating to employees and contractors.

We have extensive experience in advising clients on the complex employment arrangements and transmission of business issues in commercial transactions including outsourcings, sale of businesses and public private sector transactions.

We are the primary employment advisers for a range of Australia's most significant employers including: Australian Broadcasting Commission, Australia Post, Campbell Arnott's, DP World, Fairfax, GE, Linfox, Macquarie Group, Motorola, News Limited, Peabody Energy, PepsiCo, Queensland Government agencies, Seven Media, SingTel Optus, Thales, TRUenergy, several Victorian and federal government agencies, several universities, Westpac and Xstrata.

26 August 2013

Employers face a range of complex and challenging issues when addressing unacceptable workplace behaviour. A particular challenge is evenly balancing the employers' obligations to all employees in the workplace – the sensitivity of which is further exacerbated in situations where the employee has a mental illness or disability.

18 March 2013

The PRC Supreme Court recently issued its Interpretation on several issues related to labour dispute cases effective from 1 February 2013. The Interpretation clarified several matters relating to labour law such as service year calculations for employees transferred from one entity to another one, non-compete restrictions, notification requirements of trade unions for early termination of employment, employment of foreign nationals and the validity of change of labour contracts orally.

2012/2013

This user friendly guide provides answers to some of the most common questions companies face when employing foreign nationals or nationals working abroad. Our Employment Law team dissect the legislation to give you clear advice on employment restrictions, recruitment checks and the 'permission to work' approval process. A step by step section will explain the rights, obligations and entitlements of both parties under the employment contract, including an overview of remuneration and bonuses, tax payments and lawful termination procedures.

20 February 2013

On 22 January 2013, the PRC Supreme Court issued a judicial interpretation for criminal cases related to the non-payment of employees' remuneration. The Interpretation has clarified certain aspects of the criminal sanctions that may apply for the non-payment of employees' remuneration, increasing the risk of prosecution for non-compliance.

16 July 2012

With a view to improve the protection of workers' rights and interests and better regulate the labour dispatch regime, on 6 July 2012, the Standing Committee of the National People's Congress of China released the Draft Amendments to PRC Labour Contract Law. This Alert outlines the five primary modifications to the labour dispatch regime contained in the draft amendments.