In this APAC regional quarterly update, we explore significant legal developments regarding worker classification, gig worker protections, and state intervention in employment.

Australia has introduced a new statutory definition of employment focused on the true nature of the relationship, while New Zealand is planning a new gateway test for determining worker status. South Korea’s Supreme Court ruled that workers under a contractor’s control should be considered illegal agency workers.

Gig workers are also gaining protections. In Karnataka, India, legislation is being proposed to grant gig workers similar rights to employees, while New Zealand’s Court of Appeal upheld that Uber drivers are employees. Australia has strengthened protections for independent contractors and granted regulators powers over digital workers.

State interventions to boost employment have been seen in India, where subsidies encourage hiring young workers, and in Hong Kong, where subsidies aim to re-integrate older workers. Additionally, countries like Singapore, Hong Kong, India, and South Korea are addressing various employee rights, from anti-discrimination laws to non-compete clause limitations.