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 ...
As all court cases do, the Supreme Court's landmark decision in West Virginia v. EPA last month addressed a specific question: whether the Environmental Protection Agency had the statutory authority to shut down power plants and reshape significant parts of the energy sector in its effort to reduce emissions. The answer was a plain and simple no. Equally clear was the court's argument, which has implications for administrative actions well beyond this case ...
Proposal for a regulation of the European Parliament and of the Council on standards of quality and safety Current regulatory framework and scope of application The EU regulatory framework on substances of human origin (“SoHO”) is reflected in Directives 2002/98/EC for blood and 2004/23/EC for tissues and cells ...
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 ...
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 ...
Under article 253(d) of the National Internal Revenue Code (NIRC), when an association, partnership or corporation commits an act or omission that violates the Tax Code, the penalty "shall be imposed on the partner, president, general manager, branch manager, treasurer, officer-in-charge, and the employees responsible for the violation". This means that any of the persons enumerated may be criminally prosecuted for the corporation or partnership's criminal act or omission under the code ...
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 ...
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 21st July 2022, the COVID-19 Inquiry was opened. Module 1 will consider the extent to which the risk of a Coronavirus pandemic was properly identified and planned for and whether the UK was ready for that eventuality. In broad terms, the module will look at the UK’s preparedness for whole-system civil emergencies, including resourcing, the system of risk management and pandemic readiness ...
Ohio’s “Heartbeat” Bill became law in Ohio when the U.S. District Court, Southern District of Ohio lifted its long pending injunction after the Supreme Court overturned Roe v. Wade ...
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 ...
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 ...
The Government of India has recently issued several clarifications under both Customs as well as Goods and Services Tax (GST) Laws ...
The Government of India has recently issued several clarifications under both Customs as well as Goods and Services Tax (GST) Laws ...
Changes made consequent to the 47 meeting of the GST CouncilØ Enhanced refunds under inverted duty structure Ø Transfer of credit between distinct persons allowed Ø Concessional rate supplies made eligible for inverted duty refunds Ø No Interest liability on availment of credit without utilisationØ Time limits for demands and recovery extended till September 2023 for FY 2017-18 Ø Penalty applicable on persons involved in the issuance and credit of fake i
Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for July 2022. Financial Services Bank Negara Malaysia issues new policy documents for Money Services Business Tax & Revenue Income Tax (Exemption) (No. 5) Order 2022 Income Tax (Exemption) (No. 6) Order 2022 Time Limit for Unabsorbed Adjusted Business Losses Carried Forward (Public Ruling No ...
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 ...
Dinsmore partner Kelvin Lawrence was published in Bloomberg Tax with his article "Special Commentary: State Tax Treatment of Investment Partnerships." Read an excerpt below. The Multistate Tax Commission has undertaken an ambitious project on the state taxation of partnerships. Their partnership work group consists of volunteers from numerous state revenue departments, with the able assistance of MTC Counsel Helen Hecht and Chris Barber ...
