A lifelong right to live in a house owned by someone else is referred to as a right to habitation. Once this right is registered in the Deeds Office, it is enforceable against everyone, including the registered owner of the immovable property (“property”).This position was confirmed in the recent Supreme Court of Appeal case of Hendriks v Hendriks and Others (case no ...
There’s no longer a basis to speculate or read or ignore the rumors. The Department of Labor (DOL) has finalized its changes to the regulations governing who may be exempt from being paid overtime. The changes will still be dramatic in terms of the number of employees impacted, but employers’ worst fears as to what they might contain did not quite materialize. Last Summer’s Proposed Regulations Early last summer, the DOL published its proposed changes to the overtime regulations ...
With the advent of the Construction Regulations, 2014 (the “regulations”), which are binding in terms of the Occupational Health and Safety Act, 1993 (“OHASA”), additional duties are now placed on the “client” that did not exist under the previous regulatory regime. For example, the client now assumes the duty to prepare a baseline risk assessment for a construction work project and, depending on the factual circumstances, to apply for a construction work permit ...
On May 11, 2016, OSHA issued a final rule, which is slated to go into effect January 1, 2017. This requires certain employers to electronically submit information regarding workplace injuries and illnesses. As with any new rule-making by OSHA, presumably legal challenges to the rule are on the way. Nonetheless, here are the relevant new provisions. Read the full alert ...
It has been announced last week that the European Commission (EC) has published a report on the EU crowdfunding sector, as part of its Capital Markets Union Action Plan. In doing so, the EC has recognised the growing importance of crowdfunding platforms – websites that allow fundraisers to interact with investors and donors – for the improved economic growth and job creation in Europe ...
The March 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “New securities regulations.” The article was contributed by SyCipLaw partner Melyjane G. Bertillo-Ancheta.Read the article online at the IFLR website ...
In a recent case, the Labour Court needed to consider the interplay between section 136 of the Companies Act, 2008 and section 189 of the Labour Relations Act, 1995 (“the LRA”). The latter section enables an employer to terminate an employee’s employment based on operational requirements. Section 136(1)(a) of the Companies Act provides that, during business rescue proceedings, employees will continue to be employed by the employer on the existing terms and conditions of employment ...
On 22 April 2016, the Financial Services Board (“FSB”) released a set of proposed amendments to the Johannesburg Stock Exchange (“JSE”) Derivatives Rules in Board Notice 49 of 2016. Historically, margin has been provided in cash and paid by the client to the JSE member who then pays the JSE. The proposed amendments would allow market participants to post collateral directly to the JSE by pledging securities in accordance with section 39 of the Financial Markets Act, 2012 (“section 39”) ...
Karanović & Nikolić recently organised a workshop in cooperation with the Faculty of Law, under the title of "Managing Emotions in Labor Disputes – More than Law", as part of the Trial Simulation and Case Studies course ...
The May 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “PPPs and the election ban.” The article was contributed by SyCipLaw partner Aaron Roi B. Riturban.Read the article online at the IFLR website ...
Obesity was not a disabilityThe judgment in the obesity case - which has caused quite a stir both in Denmark and the rest of the world - has finally been delivered.The case involved a Danish childminder who for more than 15 years had worked for a municipalitywhere he had provided childcare services in his own home. On 22 November 2010, the childminder was dismissed due to a decreased number of children in the municipality ...
According to the Danish Supreme Court's judgment of 17 March 2016, an employer's summary dismissal of an employee was justified due to the employee's use of his company mobile phone for the purchase of train tickets by means of an app, after which the expense was paid over the phone bill. The case involved an employee who - by virtue of his position as system developer - had been provided with a company mobile phone ...
This question was addressed by the Danish Board of Equal Treatment in its decision of 3 March 2016. The Board found that a provision in the staff manual - stipulating the termination of the employment relationship when the employee had reached the age of 70 - could not, as a matter of course, be considered to form part of the specific employment relationship ...
One of the issues an employer is obliged to consult on during a potential retrenchment process is the selection criteria to be applied when determining which employees will be dismissed and which will be retained. In doing so, the employer should aim to reach agreement with the other consulting party/parties on what the selection criteria should be ...
Macedonia, a country of great natural beauty – and perhaps most famous for its lakes – is reported to be working hard towards further enhancing and widening its tourist offer. The latest activity on behalf of the government in this regard has been a EUR 15 million investment in the road and utility infrastructure related to Lake Prespa ...
On April 14, 2016, the International Swaps and Derivatives Association, Inc. (“ISDA”) published a new version of Credit Support Annex to help market participants comply with new margin requirements for uncleared swaps ...
It has been reported recently that EPS Distribucija has successfully obtained a building permit from the Ministry of Construction Transportation and Infrastructure for the EUR 1.13 billion project of constructing a new electrical substation – along with accompanying office space – near Autokomanda in Belgrade ...
Dear All,We would like to inform you that the President of the Russian Federation ordered to abolish the Federal Migration Service (hereinafter the “FMS”). Decision is formalized by the Executive Order “On Improving State Administration in Exercising Control over the Circulation of Narcotic Substances, Psychotropic Substances and their Precursors, and in the Sphere of Migration” No. 156 dated April 5, 2016 (hereinafter the “Executive Order”) ...
The use of a nominee corporationThe Act Respecting Duties on Transfers of Immovables (the ?Act?) imposes transfer duties (also known as the ?welcome tax?) on the transfer of immovables in Quebec.Since transfer duties are only payable from the time the transfer is registered in the land register (section 6 of the Act), some property structures make it possible, in practice, to avoid paying them ...
In December 2015, the Court of Appeal of Quebec in Éthier v. Compagnie de chemins de fer nationaux du Canada1 confirmed that section 36 of the Act Respecting Occupational Health and Safety (?AROHS?)2does not apply to federal undertakings and that, accordingly, a worker who is pregnant or breastfeeding and who is on preventive withdrawal in accordance with the Canada Labour Code (?CLC?)3is not entitled to receive an income replacement indemnity ...
Even though the arrival of the German company "Lidl" in Serbia has been in the media since 2012, the construction of its first store in Smederevo was completed only in late 2015. However, further construction has recently begun on an additional four locations, namely, Belgrade, Bor, Zrenjanin, and Šabac ...
On January 29th, 2016, the Supreme Court issued a ruling (hereinafter the “Ruling”), that changed the criteria regarding the requirements that trigger the entitlement to the statutory benefit known as “full week” (semana corrida) which applies to employees who are remunerated based on a fixed salary and a variable compensation. 1.- Criteria before the Ruling The full week benefit was originally applicable to employees remunerated exclusively on a daily basis or by piecework ...
Dear All, Recently we have informed you on the general prohibition to use lease of personnel in Russia introduced by the Law No.116-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" which came into force as of January 1, 2016. After it was adopted there was a period of uncertainty when it was not clear whether secondment contracts concluded before 2016 shall be terminated or not ...
California Code of Regulations, title 2, section 11023 became effective April 1, 2016. It has new and specific requirements for employers’ anti-harassment, anti-discrimination, and anti-retaliation policies. California employers should revisit their policies to ensure they are in compliance with the new regulations and make sure the policies have been properly distributed to all employees ...
