The July 2016 issue of the Asian Legal Business (ALB) Asia Edition included a regional update article entitled "Single Entry Approach: Mandatory Conciliation and Mediation of Labor Disputes", contributed by SyCipLaw partner Marianne M. Miguel and SyCipLaw Associate Mary Grace L. Javier. The article discussed the Department Order No ...
The Health Care Arbitral Tribunal (Arbitral Tribunal) has pronounced a decision on a dispute between an independent medical specialist and a Medical Specialist Company (MSC) for the first time since the introduction of the comprehensive rates on 1 January 2015. Although neither party has terminated the existing (membership) agreement between them, the Arbitral Tribunal is of the opinion that termination of membership and deregistration of the specialist from the members' register are justified ...
Dear Sir or Madam,We would like to inform you that in October 2016 significant changes in Russian labour legislation will come into force. The changes are as follows:Salary payment terms are specified. Salary shall be paid not later than 15th day of the month following the assessment one. Rate of interest for pay pause has increased. The rate of interest has increased twice: from 1/300 of the key interest rate to 1/150 ...
According to recent news reports, the Bosnian Ambassador in Podgorica, Đorđe Latinović, stated that a labour agreement between BiH and Montenegro on temporal employment is due to be signed soon. The main purpose of this agreement being to regulate the status of seasonal workers in the two countries and reduce the possibility of undeclared work ...
Emphasising the importance of the shift to green trends and sustainable development has become something of a global custom in recent years, although mostly through being associated with the production of green energy and its consequential distribution. However, an often overlooked aspect in this regard has been the need for labour force that arises from the development of the so-called "green economy" ...
Using muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to “remove such purveyors of darkness from their environment”.This was the outcome of recent arbitration proceedings before the National Bargaining Council for the Sugar Manufacturing and Refining Industry in the case of NASARIEU obo Mngomezulu v Tongaat Hulett Sugar Limited (Darnall) (case no. NBCS5-15, 15 June 2016) ...
On May 10, 2016, the Québec Court of Appeal1 confirmed a Superior Court decision allowing an application for authorization of treatment and placement to a patient. The application had been brought by the Douglas Mental Health University Institute, commonly known as the Douglas, or the Douglas hospital ...
In a unanimous decision rendered on May 16, 2016,1 the Québec Court of Appeal confirmed that the delivery of ophthalmic lenses purchased online from suppliers who are not members of the Ordre des optométristes (Order of Optometrists) (?Order?), or the Ordre des opticiens d?ordonnances (Order of Dispensing Opticians), does not violate the Optometry Act 2(?OA?) or, by necessary extension, the Dispensing Opticians Act ...
We would like to inform you that the draft Federal Law № 1015753-6 “On Amendments to the Code of Administrative Offences of the Russian Federation (hereinafter - the “Administrative Code”) for prevention of illegal engagement of foreign nationals to work on construction projects” (hereinafter - the “Draft Law”) is currently under consideration by the State Duma at the first reading ...
Significant international sport and cultural events like Euro 2016 may, in some cases, result in conflict between employers and even the most disciplined and professional employees. So what is it like for employers? Obviously, football euphoria cannot stay outside the work place: plenty of discussions on victories and defeats of national teams during working hours, applications to work from home or leave, watching broadcasts on corporate devices and so on ...
The June 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Employees in corporate reorganisations.” The article was contributed by SyCipLaw partner Ronald Mark C. Lleno and senior associate Easter Princess U. Castro.Read the article online at the IFLR website ...
One may say that Russian migration procedures are overly complicated but is it really so, especially for foreign nationals falling into the category of highly qualified specialists (the HQS)? In reality, the procedure is not so complicated. Its main peculiarity is that it is quite formalistic and requires attention to details of both the employer and the employee. Under the general rule, a foreign national planning to work in Russia shall have a work permit and work visa ...
One of the innovations introduced by the Companies Act, 71 of 2008 (“Companies Act”) is the mechanism of business rescue proceedings in South Africa. In particular, chapter 6 of the Companies Act was inserted to “provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders” (see section 7(k)) ...
As the overall level of convergence between industries in the business world keeps increasing, it is only logical for the related legal aspects to follow suit every step of the way ...
The Defend Trade Secrets Act of 2016 (DTSA) - arguably the most significant change to U.S. intellectual property laws in the past decade - was signed into law by President Obama on May 11, 2016. The DTSA creates a federal, civil remedy for misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce ...
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 ...
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 ...
1 Which legislation sets out the regulatory framework for the marketing, authorisation and pricing of pharmaceutical products, including generic drugs? Which bodies are entrusted with enforcing these rules? The relevant legislation includes the following: • Law on Medicines 1996;
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 ...
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 ...
On April 19, 2016 Association of European Business (hereinafter – “AEB”) and the Russian Federal Antimonopoly Service (hereinafter – the “FAS”) presented the Code of Good Practice in the Pharmaceuticals Industry (hereinafter – the “Code”). The full text of the Code (both in Russian and English) is available at the official web-site of the antimonopoly authority (http://fas.gov.ru/documents/documentdetails.html?id=14513). Below is short outline of the Code. 1 ...
On April 18, the Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services issued revised guidance regarding exclusions imposed under section 1128(b)(7) of the Social Security Act ...
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 ...
