ARTICLE
13 October 2025

The Changing Face Of Employment Law In APAC

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Lewis Silkin

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The 2025 Ius Laboris and Lewis Silkin APAC Employment Law Conference brought together legal experts and thought leaders to examine how demographic shifts, technological disruption...
Hong Kong Employment and HR
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The 2025 Ius Laboris and Lewis Silkin APAC Employment Law Conference brought together legal experts and thought leaders to examine how demographic shifts, technological disruption, and evolving workforce expectations are reshaping employment law across the region. This round-up paper captures the key themes and developments discussed, offering a comprehensive overview of the legal trends driving change in Asia-Pacific workplaces.

Ius Laboris and Lewis Silkin APAC Employment Law Conference 2025 - The Changing Face of Employment Law

The year 2025 has been marked by geopolitical, economic, and technological shifts, fundamentally reshaping the global employment landscape. Amidst persistent uncertainty and rapid advances in artificial intelligence, traditional notions of work and employment status are being challenged. Against this complex backdrop, the 2025 Ius Laboris and Lewis Silkin APAC Employment Law Conference convened to explore how demographic shifts, technological innovation, and evolving workforce expectations are transforming legal frameworks across the Asia-Pacific region. A key theme resonated throughout the discussions: despite the rapid pace of change and technology's pervasive influence, the future of work remains intrinsically human, rooted in values, relationships, and trust. This round-up paper summarises the key insights and developments presented at the conference, offering a comprehensive overview of the region's evolving employment law trends over the past 12 months.

APAC employment law trends and regional updates

The region is navigating a "poly-crisis" of trade tensions, dramatic demographic pressures, technological disruption and evolving workforce expectations – all prompting significant legal reforms aimed at workforce sustainability, inclusivity, and adaptability. Across jurisdictions, governments are recalibrating employment frameworks to address aging populations, skills gaps, and the rise of flexible work, while tightening compliance in areas such as equality, transparency, and worker protections.

Demographics and Workforce Participation

Hong Kong projects that by 2038, one in three residents will be over 65, prompting government initiatives to attract overseas talent, expand immigration pathways, and encourage older workers to rejoin the workforce. Mainland China faces similar pressures, with 400 million people expected to be over 60 by 2028. In response, China is gradually raising the statutory retirement age and tightening pension eligibility, while also introducing family subsidies to boost birth rates. South Korea, now a "super-aged" society (a concept developed by the United Nations as the proportion of people over 65 years old account for 20% of its population), is considering raising the retirement age to 65 and has implemented generous family and childcare benefits, though birth rates remain among the world's lowest. Australia's focus is on attracting workers to the care sector and addressing gender pay disparities, as the country transitions away from traditional manufacturing.

Employment Status, Contracts and Working Time

Hong Kong has expanded the "418 rule" for continuous employment, while China is tightening interpretations of fixedterm contract rules, signalling that employers may only have one renewal before an open-term contract becomes mandatory. Courts have also reinforced overtime compliance, ruling that mandatory training outside normal hours counts as paid work. New judicial interpretations limit non-compete clauses to employees with access to trade secrets and clarify exceptions to double-wage penalties for unsigned contracts. In Australia, reforms under the "secure jobs, secure pay" agenda continue to reshape engagement models, introducing limits on rolling fixed-term contracts, new protections for gig workers, and a casual conversion pathway for small businesses.

Equality, Governance and Compliance

Hong Kong has abolished the MPF offset for statutory severance and long service payments, and introduced new diversity requirements for listed companies. Korea's Yellow Envelope Act, effective March 2026, broadens union rights and expands the definition of "employer", increasing collective bargaining exposure for companies using contractors. Elsewhere, Japan has extended gender pay gap reporting to smaller employers and strengthened whistleblower protections, while Indonesia has reinforced anti-discrimination rules in recruitment. Taiwan issued guidance on disability accommodations, and Myanmar is preparing consolidated labour law reforms.

Cross-cutting trends

Overall, the region is converging on several key themes: strengthening protections for non-standard and vulnerable workers, increasing pay transparency, expanding social security, and modernising labour codes to align with international standards. Regulatory scrutiny of AI and data in HR, as well as a focus on diversity, inclusion, and flexible work, are also on the rise.

"The law evolves in response to societal shifts, demographic shifts, economic pressures, technological advancements, and—perhaps most importantly—the lived experiences of workers. So when we talk about legal developments, we're really talking about how the law is trying to keep pace with the changing dimensions of daily life."

Catherine Leung

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