As organisations start planning their post COVID-19 workforce arrangements, leaders need to consider how these new and amended work practices will help or hinder their efforts to strengthen their risk culture. While having a distributed workforce increases some challenges to improving risk culture, it also provides opportunities which need to be embraced. It is becoming increasingly clear that the post COVID-19 workplace will be very different to what it was before the pandemic ...
In two recent Awards of the Industrial Court involving the retrenchment of 7 Claimants, Mizman Bin Ngadinan & Others v City Facilities Management Sdn Bhd (Award 989 of 2020) and Roslan Bin Mohd Tahir & Others v City Facilities Management Sdn Bhd (Award 990 of 2020), the Industrial Court found that the LIFO principle was inapplicable where the selection criteria and process adopted by the Company involving specialised skills sets and the competency of the employees was upheld ...
The Canada Emergency Wage Subsidy (the "CEWS") Is a key component of the Government of Canada's COVID-19 economic response plan. The purpose of the CEWS, adopted on April 11, 2020, is to help Canadians keep their jobs during the crisis and help companies maintain an employment relationship with their employees in order to recover more quickly when the economy returns to normal ...
While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims. Specifically, there are new forms for FMLA notice of eligibility, designation notice, and medical certification for employees to use. At first glance, the new forms look quite different than their predecessors, but there are no major changes ...
In this unprecedented COVID-19 world, employers may need to consider layoffs, furloughs, or even closures to get through to the other side (whenever that comes). If you have done all you can to weather the government-mandated shutdowns and now have to consider letting people go, you are not alone ...
Yesterday, Virginia approved temporary emergency workplace safety standards related to COVID-19, making it the first state in the nation to do so. While final language has yet to be approved, the standards are expected to go into effect in late July and will remain in effect for six months unless extended pursuant to state law. A current draft of the regulations is available here ...
Introduction In the recent Industrial Court Award between Malaysia Airports Sdn Bhd and Suhaimi bin Mohammad Haniff [Industrial Court Award 895 of 2020], the Industrial Court had underlined the significance of a well-executed Domestic Inquiry where the evidence of a witness during a domestic inquiry was given sufficient weight in adjudicating the matter. Brief material facts In the present matter, the Claimant was dismissed for assisting his colleague, Ms ...
Please join us for a virtual webinar addressing worker classification issues, including independent contractor v. employee, and how to manage temporary or seasonal workers and avoid common legal traps. Misclassification of workers is a costly mistake and can lead to exposure for unpaid taxes, unpaid overtime, penalties and punitive damages. We will discuss how to properly work with and manage independent contractors to make sure they are not classified as employees ...
On June 16, 2020, Governor Mike DeWine signed into law House Bill 81. Its impact is significant for employers in the context of workers’ compensation. Governor DeWine touted the amendment that provided workers’ compensation coverage for medical diagnostic services to investigate whether a detention facility employee’s exposure to another’s blood or bodily fluids resulted in an injury or occupational disease ...
By means of Ordinary Resolution No. 675/2020 dated July 8th, 2020 (“Ordinary 675”), the Ministry of Energy established the criteria of the requests of Unique Collective Permits applicable to companies with power generation businesses in the context of the transit instructions issued by the sanitary authority due to the COVID-19 outbreak ...
On 9 July 2020, the Employment (Amendment) Bill 2019 (Bill) was passed at the Legislative Council. The Bill introduces amendments to the Employment Ordinance (Ordinance) to extend the statutory maternity leave period from 10 weeks to 14 weeks, and technical amendments to rationalise the current statutory maternity leave regime (Amendments). We summarise the effect of the Amendments as follows: Current position New position 1 ...
By: John Epperson San Francisco’s Board of Supervisors passed an Emergency Ordinance on July 7 entitled “Cleaning and Disease Prevention Standards in Tourist Hotels and Large Commercial Office Buildings” (the “EO”). The EO is expected to be signed by the Mayor and go into effect soon ...
The current crisis has challenged the strength of all companies. It has forced businesses to quickly address new issues that often were outside their agenda earlier. During this period, most of businesses have managed to temporarily adapt, or radically change their processes and strategies; establish a flawless remote operation; transform the pattern of cooperation with counterparties and partners; reallocate resources and learn to communicate with their employees under crisis ...
With the exit from lockdown in full swing, many companies are recalling their staff to the workplace. This article answers 10 FAQs that employers, business managers and HR specialists must consider during employees' return to work. FAQs Must employers respect health and safety measures on their employees' return to work and, if so, which ones?Yes, to the extent possible, social distancing (ie, maintaining a distance between people of at least 1 ...
Key Points The cash value of employees’ donated leave time paid to a qualified charitable organization in 2020 under an employer-sponsored leave donation program is not taxable wages or compensation. Employers may take a tax deduction for such payments as a business expense or a charitable contribution ...
On July 3rd, 2020, Supreme Decree No. 18/2020 of the Ministry of Labor and Social Securitywas published,approving the regulation of Article 152 quater M of the Labor Code, establishing specific health and safety conditions at work applicable for employees rendering services in regimes of remote work or telework (hereinafter, the “Regulation”) ...
Faced with the current Covid-19 pandemic and the consequential economic ramifications, it is inevitable that affected businesses are put under increasing financial strain. Affected businesses would at some point consider a restructuring of the business to manage the tide and stay afloat, with the last resort being liquidation for businesses operating in industries that are the most impacted by this pandemic ...
Introduction The Covid-19 global pandemic which has swept the globe and caused many countries to introduce various degrees of lock down measures has given rise to various issues and scenarios which an employer must deal with and manage. This is no different for employers in Malaysia where the Government has implemented the Movement Control Order (“MCO”) since 18 March 2020 which saw the economic activity brought to a halt ...
How successfully a business emerges following this pandemic will depend to a great extent on how quickly it identifies and implements long term necessary changes. Nobody is yet clear what the post-Covid-19 world will look like. It is possible that things revert back to the way they were quicker than anyone imagines. That said, it is very difficult to imagine no lasting or consequential changes to the way we work or live ...
As a rule, an extraordinary notice of termination can be given to a severely disabled employee within one week of receiving the approval of the Integration Office. BAG, ruling dated February 27, 2020, 2 AZR 390/19 Employers may give an extraordinary and immediate notice of termination to a severely disabled employee even after the expiry of the two-week period applicable to extraordinary termination if the notice of termination is given immediately, i.e ...
BAG, ruling dated 18 March 2020, 5 AZR 36/19 FACTS OF THE CASE The plaintiff is employed as a service technician in the field service. The defendant company is bound by the collective bargaining agreements of the wholesale and foreign trade of Lower Saxony due to its membership in the employers' association. The plaintiff drives from his home to the first customer every working day and returns there from the last customer ...
In the course of the Corona crisis, a large number of companies have introduced short-time work. Funded by statutory unemployment insurance, short-time work is an instrument of labour market policy and pursues the aim of preserving jobs. This does not mean, however, that dismissals during a period of short-time work are legally excluded. In particular, dismissals based on personal grounds and conduct that are not related to short-time work remain possible ...
This new Workplaces Manual covers all General Preventative Measures set for the by the following: Governmental Agreement 79-2020 Ministerial Agreement 146-2020 Presidential provisions in force Provisions of the Ministry of Public Health and Social Assistance Guide to the identification of occupational hazards by Covid-19 and preventive measures in the workplace - IGSS Regulation of Occupational Health and Safety The Manual covers the specifics of all factors involved in halting
Even in more traditional times, summer posed staffing issues for most employers, as employers juggled employee vacation requests while working to maintain a functional workplace. Of course, the COVID-19 pandemic resulted in stay-at-home orders in most states which either limited the ability of some businesses to operate or resulted in businesses furloughing employees or having them work from home ...
