HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies in addition to such work rules.

This month, as the first of a two-part series on this topic, we consider whether there are any mandatory employment-related policies which employers must establish in Singapore, Malaysia, the Philippines, Hong Kong, the People's Republic of China, South Korea and Taiwan.

Country Are there any mandatory employment- related policies which an employer must establish?
Singapore

Yes. Employers are required to establish a data protection policy.

Malaysia

No.

The Philippines

Yes. Employers are required to establish the following:

i. an Anti-Sexual Harassment Policy;

ii. a Drug-Free Workplace Program;

iii. a Family Welfare Program;

iv. a Tuberculosis Prevention and Control Policy and Program; and

v. an HIV and AIDS Prevention and Control Policy and Workplace Program.

Hong Kong

Yes. Employers are required to establish a data protection policy.

PRC

Besides work rules, no.

South Korea

Yes. Besides work rules, employers are required to establish the following:

i. Labour Management Council (LMC) rules, if there are 30 or more employees; and

ii. a Personal Information Management Policy.

Taiwan

Yes. Besides work rules, employers are required to establish the following:

i. (i) Anti-Sexual Harassment Rules; and

ii. (ii) Safety and Health Work Rules.