Out-Law / Your Daily Need-To-Know

Out-Law Analysis 2 min. read

Asia-Pacific employers must consider diversity, equality and inclusion requirements


As legislation supporting diversity, equality and inclusion (DEI) in the workplace continues to develop in the Asia Pacific region, employers must ensure they meet their increasing obligations in this area.

Across the region, employers need to be aware of their latest regulatory responsibilities –including compliance with anti-discrimination legislation and, in Australia’s case, mandatory gender pay gap (GPG) reporting - and implement the necessary measures to safeguard their employees’ rights.

In particular, employers with operations spanning multiple APAC locations must ensure they are consistently complying with DEI laws and best practice across the region.

Ensuring consistent compliance with DEI laws and best practice across APAC 

We recommend that anonymised GPG analysis be undertaken as best practice across the APAC region. GPG reporting is mandatory in Australia and, while it is not mandatory in mainland China, Hong Kong SAR and Singapore, there are regulations which encourage employers to be aware of their gender pay gaps.

Detailed analysis of gender pay data should include the ability to review:

  • the total number of men and women in the workforce and their comparative seniority and remuneration levels;
  • which elements of total remuneration are the greatest contributors to gender pay gap – for example, base salary, overtime hours or bonuses and commissions; and
  • which part of the workforce has the most significant gap – for example, the highest earners or the lowest earners.

Employers should ensure they have a comprehensive and up-to-date list of protected attributes which apply for the purposes of anti-discrimination laws in all locations they operate in. For example, while religious belief is not a protected attribute in most parts of Australia, it is protected in China and likely will shortly be protected in Singapore. Policies, procedures and initiatives should be reviewed regularly to ensure compliance across all protected attributes and regional laws.From a sexual harassment perspective, Australia’s positive duty obligations are the high-water mark of employer obligations. To ensure compliance across the region and to adopt a best practice approach, we recommend taking a similar approach to preventing sexual harassment across the region. This includes:

  • express policies prohibiting sexual harassment and discrimination;
  • regular training for staff on preventing sexual harassment in the workplace;
  • a robust reporting mechanism for complaints, including an anonymous reporting option; and
  • conducting regular sexual harassment risk assessments or audits to ensure risks are identified and mitigated.

Recruitment, promotion and flexible working policies and practices should be reviewed regularly at a regional and local level, to ensure compliance with laws and best practices. While a regional approach can be taken to some DEI initiatives, the local nuances that apply in each jurisdiction will require consideration of how and what work an employer needs to undertake to achieve the right balance of diversity, equality and inclusion for their organisation.

Co-written by Ginger Zhou, Joyce Chow and Mayumi Soh of Pinsent Masons.

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