Martine Samuelian and Virginia Barat, JEANTETThis article is supplementing the May 2016 issue of the Lavery Capital newsletter, number 9, which discusses the potential extension of the European passport regime (the ?Passport?) ? established under EU Directive no. 2011/61/EU (the ?Directive?) ? to Canadian investment fund managers (?Canadian managers?) ...
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 ...
Recent “gun jumping” rulings across Europe have included fines on investors and serve as reminders that exchange of information between two competitors during an M&A negotiation has to be treated with caution.In fact, if the focus in an M&A deal is usually on merger control clearances, the path towards the completion of the operation has also to be monitored very closely, in the sense that the companies involved should remain independent competitors until the deal is effectively closed ...
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 April 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “New foreign investment rules.” The article was contributed by SyCipLaw partner Marietta A. Tibayan.Read the article online at the IFLR website ...
Tensions in the Middle East have continued into 2016 as conflicts among global powers and regional powers play out in the region. But 2016 is also the year of hope – the year when peace may begin in Syria and Yemen. This is also the year that the UAE has appointed a Minister of Happiness, and even more relevantly, a Minister of Tolerance ...
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 ...
ExportWise magazine has published the “First 5 Calls” series on the Philippines. Published by Export Development Canada (EDC) for Canadian exporters and investors, ExportWise’s “First 5 Calls” series seeks to provide practical, on-the-ground advice from five market experts who each address a particular aspect of doing business in a certain country, such as legal and regulatory, market entry and distribution, customs, human resources, etc.SyCipLaw partner Hiyasmin H ...
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 ...
INDUSTRIAL RELATIONSPROMULGATION OF THE LAW ON TRADE UNIONS, Royal Kram № NS/RKM/1516/007, dated 17 May 2016The Law on Trade Unions is intended to: (a) provide rights and freedom for enterprises, establishments and persons governed by the provisions of the 1997 Labour Law and persons serving in air and maritime transportation and (b) sets out the organization and functioning of professional organizations of employees and employers ...
The Lagos Tax Appeal Tribunal (“TAT”) on 12 February 2016 ruled in favour of the Federal Inland Revenue Service (“FIRS”) in its case with Vodacom Business Nigeria Limited (“Vodacom”) that satellite-network bandwidth capacities provided to Vodacom outside Nigeria by New Skies Satellites (“NSS”), a Dutch incorporated company, are liable to value added tax (“VAT”) in Nigeria ...
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;
BOTSWANA: Protocol to treaty between Botswana and Sweden enters into force The amending protocol to the Botswana/Sweden Income Tax Treaty (1992), which was signed on 20 February 2013, entered into force on 1 December 2015. The protocol generally applies from 1 December 2015 for the provisions on exchange of information and from 1 January 2016 for the remaining provisions ...
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 ...
At the opening ceremony of the Forum on China-Africa Cooperation (“FOCAC”) summit held in Johannesburg in December 2015, the President of the People’s Republic of China, Xi Jinping, announced that China intends to invest US$60-billion in Africa over the next three years. This undoubtedly reaffirms the commitment by China and Africa to bilateral cooperation, thereby furthering China’s “One Belt, One Road” foreign policy ...
The European Commission has presented an Action Plan setting out ways to reboot the current EU VAT system to make it simpler, more fraud-proof and business-friendly. The current VAT rules urgently need to be updated so they can better support the Single Market, facilitate cross-border trade and keep pace with today's digital and mobile economy ...
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 ...
