Can a construction contractor automatically terminate its employees’ contracts when skills are no longer required for a construction project? This question was at the centre of the Labour Court case of National Union of Mineworkers obo Milisa and Others v WBHO Construction (Pty) Ltd ...
The Danish government has presented its legislative programme for the parliamentary year 2016/2017. The programme contains a number of upcoming proposals for amendments within the area of employment and labour law, including e.g. proposals for amendments of the Danish Holiday Act, the Danish Childbirth Act and the Danish Public Servants Act ...
ENSafrica’s MOHS department recently represented AngloGold Ashanti Limited in a South African Labour Court case, which has culminated in a judgment that sets out important legal principles and requirements. These relate to the instructions issued by Inspectors of Mines in terms of section 54 of the Mine Health and Safety Act, 1996 (the “Act”) ...
SyCipLaw partner Russel L. Rodriguez contributed to the first Global Migration Section (GMS) Digest of the American Immigration Lawyers Association (AILA) year. The interview discussed the practice of immigration in the Philippines, the process of sending employees to the country, qualification of same sex spouses for dependent status, and a hot topic in Philippine immigration. Download a PDF copy of the digest. Mr. Rodriguez specializes in civil and commercial litigation ...
On July 28, 2016, the Department of Labor and Employment (“DOLE”) issued Labor Advisory No 10-2016 (“Advisory”) reiterating the prohibition against labor-only contracting and Department Order No. 162-2016 (“Department Order”) suspending the registration of new applicants as contractors or subcontractors under Department Order No. 18-A (“DO 18-A”) ...
Latest news reports are informing us that the European Energy Community (EC) went back on their threats of suspending Serbia's membership, after a series of fruitful negotiations between EC's representatives and the Serbian Ministry of Energy. The agreement which allowed for this development stipulates that Serbia has accepted the plan of action regarding the restructuring of Srbijagas, at the same time complying with the requirements of the Third Energy Package ...
Recent news bring us an update from the Energy Community (EC), whose latest report has outlined that Serbia has not resolved the key issue of non-compliance with the aquis – something that presents a continuous violation of obligations under the EC Treaty – by not completing the separation of Srbijagas and Yugorosgaz activities in accordance with the "Second Energy Package" ...
*Information provided in this article does not represent any legal or whatsoever advice with respect to certain matter, but is intended for general informative purpose only ...
In the past several years, the Consumer Product Safety Commission, the Department of Transportation, the Department of Agriculture, the Food and Drug Administration, and other government bodies have mandated recall of hundreds of products from the market.In some cases, companies have voluntarily recalled products due to their potential for risk of injury ...
On September 8th, 2016, Law No. 20,940 was published. The law is aimed at the “Modernization of Labor Relations” (hereinafter the “Labor Reform” or the “Law”). The aim of the Labor Reform is to develop labor relations that are more modern, fair and balanced between the parties, and promote dialogue and agreement ...
According to latest media reports, the governments of Serbia and Bulgaria have agreed on the formulation of a new memorandum for the task of building a gas pipeline between the two countries, during a recent meeting of the group for gas connections in Central and South East Europe that was held in Budapest ...
The U.S. Department of Labor (“DOL”) has issued a final rule, effective December 1, 2016, changing aspects of the Fair Labor Standards Act (“FLSA”) regarding overtime exemptions. The FLSA dictates how employees must be paid overtime for working a certain number of hours; however, “exempt” employees who are salaried and who have administrative, executive, or professional job duties do not have to be paid overtime ...
As we explained previously, in April 2016 the Second Appellate District held that California’s Fair Employment and Housing Act (FEHA) creates a separate duty to provide reasonable accommodation to an applicant or employee who is “associated” with a disabled person. On rehearing of the Castro-Ramirez v. Dependable Highway Express, Inc. decision (Case No. B261165, B262524), the Court has retreated from its prior holding ...
The prevailing question is - do employees have the right to privacy in theworkplace?Employees want to work in a safe environment without the fearof being constantly monitored by their employers. Consequently, employeesexpect that their privacy in the workplace is respected. On the other hand, employershave the right to protect their business interests against unwarrantedconsequences that would damage their business ...
The Mexican government announced the second bid of Round 2 on August 23, 2016. This will be the seventh upstream bid round in Mexico since passage of the energy reform in mid-2014. The new bid round (named Round 2.2), comprises 12 onshore blocks for exploration in the Burgos and Southeastern Basins, covering collectively 5,006 km2 , with prospective resources of approximately 643.2 million barrels of crude equivalent and an original volume of approximately 93 ...
The effect of Brexit on EU nationals living and working in the United Kingdom will undoubtedly be of interest to many employers as things develop over the coming months. The provisions for leaving the EU are outlined in Article 50 of the Treaty on European Union, which states that "Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements ...
For far too long, Africa has been plagued by the demon of conflict minerals, which have played a key role in fuelling conflict and extensive human rights violations. The terrible scenes in Sierra Leone, Liberia and the Democratic Republic of Congo (DRC) remain vivid in the mind. In the history of conflict minerals, diamonds occupy the highest spot. They are valuable, portable and easily tradeable ...
The Act of 22 July 2016 Amending the Energy Law and Certain Other Acts was published on 2 August 2016. The act is intended to eliminate the black market in fuels, strengthen competition on the market, and improve Poland’s energy security. The amendments introduced by the act primarily concern the market for natural gas and liquid fuels ...
The case of Wilson v. Atomic Energy of Canada Limited1 came to a close on July 14, 2016, when the Supreme Court of Canada (the ?Supreme Court?) reversed a controversial Federal Court of Appeal decision in which it had been held that a dismissal without cause was not necessarily an ?unjust dismissal? under the Canada Labour Code (?the Code?) ...
On July the 27th 2016, Law No. 20.936 that establishes New Power Transmission Systems and creates an Independent Coordinating Body for the National Power System (the “Transmission Law” or “New Law”) was published. Its stated objectives are to ensure that transmission does not become an obstacle to power generation, increase competition in the electrical market and boost the development of non-conventional renewable energies ...
During the last two days, the Labour Court judgment in the matter of Solidarity and Others v The South African Broadcasting Corporation (“SABC”) (case no. J 1343/16, 26 July 2016) has been widely publicised and is well-known to South Africans. The judgment relates to a protest policy recently introduced by the SABC, in terms of which it would no longer broadcast footage of destruction of public property during protests ...
On June 17, 2016, the Superior Court1 affirmed the 2014 decision of the Commission des lésions professionnelles2 ("CLP") in Canadelle, s.e.c. and Commission de la santé et de la sécurité du travail ...
The July 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Renewable energy projects”. The article was contributed by SyCipLaw partner Rafael L. Encarnacion. The article discussed the challenges that the national legal regime poses to foreign investors seeking a higher equity stake for renewable energy projects, and the difficulty of procurement with either-end users or distribution utilities ...
