Some historically more employer-friendly APAC jurisdictions are becoming harder to manage as employee protections expand and procedural requirements tighten. In 2026, the region is broadly politically stable, but economic caution, recent elections, and pro-labor legislative agendas are reshaping employment risk in different ways across key jurisdictions. China is emphasizing employment stability and risk containment; South Korea and Australia are advancing employee-friendly labor agendas; and Japan, Singapore, and Vietnam remain relatively stable politically but are seeing increasingly sophisticated employment regulation. For in-house teams, the core risk is not missing a headline reform, but underestimating how process, consultation, and documentation increasingly determine outcomes.

Below are the developments global employers should have firmly on their radar.

1. Workforce Flexibility Is Narrowing—and Execution Risk Is Rising

Across APAC, worker misclassification and restructuring execution have become standout employment risks. In many markets, the primary exposure is no longer just whether an employer has a legal basis to act, but whether it can show the relationship was properly classified and that any termination, redundancy, or outsourcing decision was implemented through a defensible process.

  • South Korea combines aggressive labor reform with real enforcement risk. Unlawful contracting arrangements and illegal dispatch (e.g., subcontracted workers) have long carried criminal liability under Korean law. The Yellow Envelope Act now allows even lawfully subcontracted workers to unionize and bargain directly with client companies. The new administration has also pledged to close even lawful outsourcing loopholes, raising the stakes for businesses that rely on layered service or contractor models.
  • Australia continues moving toward an employee-protective model. Recent reforms driven by legislation and case law have refocused classification analysis on the real substance of the relationship, while courts and regulators are increasingly attentive to consultation, redeployment, and safety in workforce change exercises.
  • China, Japan, and Vietnam each create execution risk, but in different ways. China and Vietnam apply substance-over-form tests that increase recharacterization risk for outsourcing and contractor models. Japan and China are particularly restrictive on termination, requiring clear legal grounds and close procedural compliance. Vietnam does not recognize at-will employment, so even commercially justified exits require careful implementation.
Continue Reading Asia Pacific in Focus: 2026 Employment Law Shifts Global Employers Can’t Ignore

US companies have been granting various forms of share-based awards to employees around the globe for many years, and companies in other countries are increasingly following suit.

Because share-based awards are ubiquitous, and for many companies an important part of the total pay package, we are now also seeing an increasing number of lawsuits and other disputes involving such awards.

Broadly, these disputes can be categorized as follows:

Entitlement Claims

These can arise if a company is eliminating or paring back a previously offered share program. In this case, employees who are no longer eligible for awards or receive less/reduced awards may claim that they have become entitled to the awards, such that the company cannot unilaterally eliminate/reduce the program without otherwise compensating the employee. Employees may also try to raise constructive dismissal claims.

A related issue in this situation is whether a company has to notify or consult with existing Works Council or other employee representative bodies regarding the changes to the share program. If Works Council is found to have a consultation right, implementing the change without such consultation can be very problematic and Works Council can take the company to court.

Increased Severance Pay

If an employee is involuntarily terminated, they are often entitled to statutory severance pay. Severance pay is typically calculated based on the employee’s salary paid during a certain period prior to termination. If share-based award income has to be included as salary for this purpose, this can increase (in some cases, significantly) the amount of severance pay due to the employee.

Continue Reading Mitigation Strategies for Claims Related to Share-Based Awards

What Canadian Employers Need to Know to Ring in 2024

In 2023, we helped Canadian employers overcome a host of new challenges across the employment law landscape. Many companies started the year with difficult cost-cutting decisions and hybrid work challenges. We’ve worked hard to keep our clients ahead of the curve on these issues, as well

Special thanks to co-author, Jeff Bauman.

It is common practice for US-based multinational companies to adopt executive severance plans to provide for additional benefits to be paid to executives in the event of certain specified termination events, including those in connection with the change of control of the parent. These benefits may consist of

In the wake of the global pandemic, many companies need to take quick action to reduce costs. This 40 minute webinar, co-hosted by the ACC Southern California Chapter, outlines the various cost-cutting strategies available to employers in the US, and walk participants through the major considerations necessary to minimize legal risk. Our speakers discuss how

In part one of this article, we discussed when and how multinational companies can use a noncompetition agreement on their highly skilled employees to protect their confidential information and other intellectual property. In particular, we described five key factors to consider before rolling out noncompete covenants around the world.

In part two, we analyze how

Join us for a lunch briefing on November 12 in Palo Alto as we explore the top 5 trends impacting multinational employers in Latin America.

Hear from leading practitioners in 5 key LATAM jurisdictions – Argentina, Brazil, Colombia, Mexico and Venezuela – as we address these key developments:

1. Tips for operating under the new

Join us in our new Palo Alto office for a breakfast briefing on October 30 as we explore the top 5 trends impacting multinational employers in EMEA.

Hear from leading practitioners in 5 key EMEA jurisdictions – France, Germany, South Africa, Spain and the United Kingdom – as we address these key developments:

1. Tips

Baker McKenzie partner Ben Ho introduces Nadege Dallais to talk about employment laws in France and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

  1. It should become easier for international companies in France to demonstrate that they are experiencing financial difficulties

Join us for a breakfast briefing on March 27 in Palo Alto for an update on the latest trends and regulations impacting multinational employers in Latin America. Hear from leading practitioners in five key LATAM jurisdictions – Argentina, Brazil, Colombia, Mexico and Venezuela – as we address hot topics that employers are facing right now