Dear valued clients, colleagues and friends, On 12 August 2022, the much-anticipated Employment (Amendment of First Schedule) Order 2022 was gazetted and it will come into force with effect from 1 September 2022. These amendments are far reaching as the scope of the Employment Act 1955 will now cover all employees, regardless of their monthly wages ...
According to Thai labour laws, an employer is empowered to terminate an employee’s employment at its will, except for members of the Employee Committee which requires a court order for dismissal. However, the consequences of dismissal with and without statutory causes under the Labour Protection Act B.E. 2541 (the “Labour Protection Act”) will be different in terms of the statutory payments for which the employer is legally required to pay the employee ...
Our latest article provides a useful checklist to help in-house legal teams consider potential implications when dealing with employment claims arising from the pandemic, which are linked to civil and/or criminal claims and the COVID-19 public inquiry. Companies have been receiving Employment Tribunal claims arising from the pandemic – ranging from unfair dismissal (no jab, no job) to whistleblowing and bullying claims relating to alleged employer breaches during the multiple lockdowns ...
August 15, 2022 By: Michael Flynn* Continuing a trend it has been pursuing, the CFPB on Thursday used a non-rulemaking circular (Consumer Financial Protection Circular 2022-04) to state that its UDAAP authority extends its enforcement authority to situations where financial institutions have insufficient data protection or information security. The circular may be found here ...
The Equal Employment Opportunity Commission ("EEOC") recently updated its guidance in July of 2022. According to the new guidance, the COVID-19 pandemic no longer automatically meets the business necessity requirement for medical examinations i.e. COVID-19 testing. This means that employers are now required to conduct an individualized assessment to determine whether COVID testing is warranted based on "evolving pandemic circumstances ...
Dear valued clients, colleagues and friends, Our TMT Partners, Christina Kow and Timothy Siaw, have co-authored the Malaysian chapter of The International Comparative Legal Guides — Fintech 2022. The chapter covers a broad overview of the development of Fintech and its regulation in Malaysia. Click here to read more. This article was first published in the ICLG —Fintech.https://www.shearndelamore.com/publication/2022/FIN22_Chapter_26_Malaysia ...
The Supreme Court has ruled that any worker or employee who works for part of the year but has been employed on a continuing contract must receive 5.6 weeks’ leave at full pay. This means they will likely receive proportionately more annual leave and pay than their full-year counterparts. Employers cannot pro-rate a worker’s statutory holiday allowance to reflect the number of weeks they actually work ...
On 18 July 2022, the UK government introduced the new Data Protection and Digital Information Bill (Bill). What is the Bill? The new Data Protection and Digital Information Bill contains the government’s proposals to reform the UK’s data protection regime. The Bill quickly follows the government’s publication in June of its response to its consultation on the Data Reform Bill carried out in Autumn 2021 ...
Peerasanti Somritutai, partner was invited to be a speaker at the Legal Vision Asia Pacific on the topic of Thailand During the Pandemic: Employers’ Consideration, a vlog series organized by the World Services Group (WSG). He provides insight on measures employers have implemented to protect employees and minimize redundancy in Thailand. And, address procedures for remote and in-office work arrangements based on latest government and legislative changes ...
With the next August public holiday on the horizon, we look at what can be a complicated area in calculating bank holiday entitlement for individuals who work part-time and/or on compressed hours. Under the Working Time Directive (WTD), which is now retained EU law, a worker has the right to a minimum of 4 weeks’ annual leave (or 20 days for a full-time worker). The Working Time Regulations 1998 (WTR), which implement the WTD into UK law, provide an additional 1 ...
On June 21, 2022, the government adopted Resolution No. 702 , which regulates the procedure for receiving partial unemployment benefits. From now on , self-employed persons and employees who have lost part of their income can count on assistance from the state. However, it should be noted that it is not the employee, but the employer who should seek help ...
On July 19, 2022, the Court of Claims ordered that the current Improved Workforce Opportunity Wage Act (minimum wage) and Michigan Paid Medical Leave Act (paid leave) are void and reinstated the original ballot initiatives. However, employers do not need to overhaul their policies just yet because the ruling is stayed until February 19, 2023. Pending the outcome of appeal, these changes may not go into effect at all ...
This seminar included panel discussions with Labor attorneys covering federal and state case updates and new laws since January 2022. The introduction and "housekeeping" for the seminar can be viewed here. Download the full PowerPoint presentation for all sessions » Eyes Wide Shut: Seeing Past Unconscious Bias » Most people think that if they are smart or aware, they can avoid unconscious bias entirely—but this is the wrong approach ...
In order to provide clarity regarding the tax obligations of financial technology providers and users in Indonesia, Indonesia’s Minister of Finance (“MOF”) issued MOF Regulation No. 69/PMK.03/2022 on the Income Tax and Value Added Tax on the Organization of Financial Technology (“MOF Reg 69/2022”) on 30 March 2022, which came into force on 1 May 2022 ...
Under Government Regulation 71 of 2019 on the Implementation of Electronic Systems and Transactions, Electronic System Organizers (“ESO”) are required to be registered with the Ministry of Communication and Informatics (“MOCI”). In addition, under MOCI Regulation 5 of 2020 (as amended by MOCI Regulation 10 of 2021), this registration obligation must be complied with within 6 months of OSS-RBA licensing coming into effect ...
Electronic System Organizers (“ESO”) in the private sector, that include foreign private ESOs, which have been registered with the Minister of Communication and Informatics Regulation (“MOCI”) are subject to a number of obligations under MOCI Regulation No. 5 of 2020 on ESOs in the Private Sector as amended by MOCI Regulation No. 10 of 2021 (“MOCI Regulation 5/2020”), as the implementing regulation of Government Regulation No ...
The Supreme Court has handed down its decision in the claim of Harpur Trust v Brazel, which may have a significant impact on employers of part-year workers. Background Under the Working Time Regulations (“WTR”), workers are entitled to a minimum of 5.6 weeks’ annual leave and to be paid holiday pay at a rate of a week’s pay ...
Dr Christine Calleja and Dr Warren Ciantar, in collaboration with 21 Malta, delivered a one hour presentation on the new rights introduced by the Work-Life Balance for Parents and Carers Regulations, on Wednesday 20th July 2022. The main rights to be introduced by the Regulations will be paid paternal leave, partly paid parental leave and unpaid carer’s leave ...
On November 18, 2021, President Biden issued Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” reinstituting the requirement that successor contractors on Service Contract Act contracts offer positions to the employees of the predecessor contractor. President Trump had previously rescinded this requirement with Executive Order 13897 ...
Stanford Economist Nick Bloom Shares WFH Trends and Predictions View Webinar More than two years into the pandemic, businesses are still wrestling with how to best navigate return to office (RTO). Firms that do it right stand to increase retention, equity, and business performance and forge a new culture of collaboration. But widely varying and evolving business and employee needs make it difficult to unravel the best course of action ...
In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...
