The Asia Cloud Computing Association (ACCA) has launched its new research report entitled “Asia’s Financial Services: Ready for the Cloud—A Report on FSI Regulations Impacting Cloud in Asia-Pacific Markets.” SyCipLaw Partner Rose Marie M. King-Dominguez with Senior Associate Ruben P. Acebedo II contributed the information on the Philippines ...
Practical Law Company has published a table on drug/substance abuse testing of employees, which sets out whether or not employers can carry out drug/substance abuse testing on employees both before they are employed, and during their employment in 28 jurisdictions. Jurisdictions covered include Brazil, Canada, China, Cyprus, France, Germany, Hong Kong, India, Indonesia, Italy, Philippines, Spain, Turkey, USA, United Arab Emirates and United Kingdom, among others ...
On April 1, the Securities and Exchange Commission (“SEC”) brought its first enforcement action based on confidentiality agreements that the SEC alleged had the potential to “stifle the whistleblowing process.” Houston-based company KBR, Inc. (“KBR”), agreed to pay $130,000 as a civil penalty for including impermissible restrictions in confidentiality agreements signed by witnesses during internal investigations ...
MMF Regulation: The European Parliament's Committee on Economic and Monetary Affairs (ECON) published its report (which includes the draft regulation) (dated 4 March 2015) on the proposed Regulation on Money Market Funds (MMF Regulation). The EU Parliament is scheduled to consider the legislative proposal on 27 to 30 April 2015. ESMA AIFMD Q&AESMA has published updated AIFMD Q&A with new reporting issues and some additional guidance on marketing ...
Practical Law Company has published a table on rates of tax on employment income, which sets out the rates of taxation applied to employment income in 28 jurisdictions. Jurisdictions covered include Canada, China, Cyprus, England, France, Germany, Hong Kong, India, Indonesia, Italy, Philippines, Spain, Turkey, USA, United Arab Emirates and United Kingdom, among others. Content is accurate as of December 1, 2014 ...
SUMMARYTHE SALE OF A BUSINESSGETTING READY TO SELL YOUR BUSINESS : ENVIRONMENTAL ISSUESTHE SALE OF A BUSINESS
Following the key judgments inFarber1 andCabiakman2 , thePotter3 judgment rendered on March 6, 2015 by the Supreme Court of Canada (the “Court”) emerges as another indispensable judgment in employment law. In this judgment, the Court decided that the administrative suspension with pay of an employee must be justified and reasonable, or otherwise it will, in most cases, constitute a constructive dismissal. THE CONTEXT Mr ...
Children are precious, and their health, safety and well-being are at the very heart of childcare providers’ responsibilities. Several actors work with or alongside children on a daily or occasional basis in order to provide them care and education. In selecting people who work with children, providers collect and use a great deal of information about them, including their studies, experience, qualifications and abilities ...
On December 17, 2014, New York Assembly Bill 9933, which amends the Uniform Commercial Code in effect in the state of New York (the “NYUCC”), was signed into law by Governor Andrew Cuomo, and took effect immediately. This new law (the “UCC Revisions Law”) includes several changes to Article 9 of the NYUCC (“Article 9”), that governs the creation and perfection of security interests in personal property under New York law ...
Vol. XII, Issue 4 of the Employment & Immigration Update includes the following articles:Doing Business: 2015Gender Equality in the WorkplaceStrengthening TripartismRecent Immigration Advisory and CircularsThe issue also contains information on recent Supreme Court decisions, labor and immigration news and circulars, and SyCipLaw updates.Download the Employment & Immigration Update 2014 4Q ...
Practical Law Company’s Employment and employee benefits: Philippines Q&A Guide has now been published online and is available to access or download as PDF. The Guide was contributed by SyCipLawEmployment & Immigration Department Head Luisito V. Liban ...
The Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Culture jointly issued a Notice on the Relevant Formalities for Foreigners Entering China for Completing Short-Term Work Assignment (for Trial Implementation) ("Notice") on 6 November 2014 which provides for new visa and residence requirements on foreigners entering and staying in China for work for no more than 90 days ...
SyCip Salazar Hernandez & Gatmaitan has updated the Philippine Chapter of the International Background Checks Summaries. Published by the Employment Law Alliance, it is a free online resource guide that provides clients and ELA-registered website users with the general requirements and practices for conducting background checks on potential employees in selected countries around the world.Register to access this free resource ...
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for breaching her obligation of confidentiality. The employer stated that she had disclosed to a work colleague the fact that a patient had HIV ...
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for breaching her obligation of confidentiality. The employer stated that she had disclosed to a work colleague the fact that a patient had HIV ...
Under Regulation No. 122/M-IND/PER/12/2014 on Delegation of Authority to Grant Industrial Business Licenses to the Head of the Capital Investment Coordinating Board, the MOT has delegated its authority to issue certain licenses to BKPM. Business licenses delegated consist: 1. Industrial Business License and/or Expansion Licenses as follows: a. alcoholic beverages industry; b. valuable paper industry; c. weapons and ammunition industry; d ...
Bank Indonesia issued Circular of Bank Indonesia No. 16/17/DSta, which came into force on 3 November 2014 (SEBI 16/17/DSta), which is a fourth amendment to Circular of Bank Indonesia No. 13/3/DPM on Commercial Bank Daily Report. SEBI 16/17/DSta amends the scope of information to be submitted to Bank Indonesia as well as, additional codes for exempted foreign loans, and additional codes for validation systems ...
A recent decision1 by the Commission des relations du travail (“CRT”) highlights the plight of an employer faced with an employee who oversold his abilities during the job interview and later proves incapable of delivering on his promises. In this case, Laurentian Bank Securities inc. (“Laurentian”) successfully defended against a claim for dismissal without good and sufficient cause filed by a former employee. The facts of the case are commonplace ...
IFLR 1000's Michael Washburn interviewed O’Neal Webster’s new Partner, Christopher Simpsonin relation to capital markets trends for an articlepublished on 11February, 2015. Click here to read the article.He noted, among other things, that recent legislation in the BVI, such as the approved managers regime, which Simpson describes as a“lighter-touch” regulation for managers desiring to oversee an investment fund or funds through a BVI entity, is an encouraging trend ...
The SEC’s Office of Compliance Inspections and Examinations (OCIE) yesterday issued a Risk Alert reporting its findings from cybersecurity examinations of registered broker-dealers and investment advisers and stated that it will continue its focus on cybersecurity in 2015 through risk-based examinations. OCIE revealed that most of the examined firms had experienced some type of cyber-attack, primarily through malware and fraudulent emails ...
On January 30, 2015, in the Saskatchewan Federation of Labour v. Saskatchewan (2015 SCC 4) decision, the Supreme Court of Canada further clarified the scope of the rights of workers pursuant to section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”). Indeed, in its 2007 decision better known as B.C. Health ([2007] 2 S.C.R ...
Australia has a complex system of taxation including a Federal income tax, capital gains tax and goods and services tax (GST) and eight separate State and Territory systems of duties and taxes. Tax planning is therefore important to maximise after-tax investor returns. The following guide sets out some high level issues to consider on a global M&A deal where the target is an Australian company or business or where downstream Australian subsidiaries are involved ...
IntroductionOn November 26, 2014, the United States Bureau of Economic Analysis (“BEA”) retroactively reinstated data collection requirements to measure foreign direct investment into the United States. The BE-13 survey collects data on the acquisition or establishment of U.S. business enterprises by foreign investors and the expansion of existing United States affiliates of foreign companies that establish new facilities where business is conducted ...
In Commission des normes du travail v. Compagnie d'assurances Standard Life du Canada,1 (the “Standard Life of Canada case”), the Court of Québec allowed an employer to file a counterclaim against an employee in the context of proceedings instituted by the Commission des normes du travail (“CNT”) on behalf of that same employee ...
