Brief guide to the law against sexual harassment at workplace, clarifying some misconceptions The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH”) was enacted in 2013. Seven years since then, fears of misuse are rife. Are the fears legitimate? It is perceived that women are dangerously armed with a one-sided law. Men feel oppressed as there is no specific forum for redressal of their grievances ...
The Ministry of Corporate Affairs (“MCA”) has issued an advisory that is applicable to all Indian companies and limited liability partnerships (LLPs) registered with the MCA. As per the said advisory, all companies and LLPs are required to take the following immediate steps in order to aid social distancing for reducing transmission of COVID-19: To follow “Work from Home” as a temporary measure until March 31st 2020 ...
Faced by the spreading SARS-CoV-2 epidemic, the Polish Parliament and President rushed through aSpecial Coronavirus Act. The act is intended to clarify and supplement regulations on prevention of the spread of infectious diseases in Poland. But by giving total primacy to protection of the public interest, the act ignores the issue of the rights and freedoms of persons subjected to various forms of compulsory treatment (hospitalisation, quarantine, and epidemiological supervision) ...
The Ministry of Development has announced that it will develop adraft special law to introduce comprehensive support for entrepreneurs whose activities will be affected by the spread of Covid‑19. At present, the specific form of these regulations is not known, but according to the announcement, the draft is to be submitted to parliament on 25 March and introduced on 1 April ...
Numerous sectors of the economy have been paralysed. The problem is not just closings or restricted access to arange of services, but also absence of staff due to illness, quarantine or childcare. Consequently, businesses cannot operate normally or perform their obligations on time. Alack of supplies by one company often carries over to an inability of its customers to fill their own orders. This bogs down the whole economy ...
As the coronavirus (“COVID-19”) pandemic continues, many public companies are examining how best to accommodate their upcoming annual shareholder meetings in light of complying with government orders and recommendations limiting public gatherings and non-essential travel. Accordingly, many corporate executives are now considering moving their annual shareholder meetings to a virtual or “hybrid” format in light of current public health and safety concerns ...
Tips on how to mitigate losses: Mall Leases: Mall leases have ceased to be in the nature of a tenancy agreement. The clauses are no longer limited to availability of the premises, rent, lock-in period, repairs, and exit. Mall owners have come to impose sale targets on the retailers operating from their malls. Rent consists of both a percentage of the revenue earned by the retailer as well as a fixed monthly payment ...
March and April are the months during which companies generally hold their annual general meeting of shareholders (GMS) having on the agenda the approval of the financial statements, of the budget and of the business plan. The annual GMS is particularly important as it gives the opportunity for shareholders to meet and discuss directly with the management and the other shareholders on the past and future activity of the company ...
1. Introduction On 18 March 2020, the Decree #CuraItalia1 introduced “measures to strengthen the national health ser- vice and economic assistance to families, employees and companies related to the epidemiological emer- gency of COVID-19” (the “Decree #CuraItalia”) ...
The main doubts of company directors about the consequences ofthe current Covid-19 pandemic in relation to insolvency, the PER, and the RERE. As a result of the spread of the Covid-19 virus, the World Health Organization declared a public health emergency of international concern (PHEIC) on 30 January 2020 and a pandemic on 11 March 2020 ...
The rapid spread of COVID-19 and the swift and sweeping action from government agencies at all levels are having a ripple effect on markets. These events are causing significant disruption in most industries, including the cancellation/postponement of major conferences and events like South by Southwest, March Madness, and Facebook’s F8, and Mobile World Congress. One impact is that many companies are struggling to meet their obligations under their contracts ...
Introduction While the long-term litigation effects of the COVID-19 pandemic may not materialize for months – or even years – it is important for tort litigation attorneys and their clients to begin preparing now for potential legal issues that may arise. This bulletin is intended to serve as a non-exhaustive list of tort-focused legal considerations for health care providers, product manufacturers, and their attorneys in the new and ever-evolving COVID-19 landscape ...
The ongoing global COVID-19 pandemic is upending regular commercial activity across the United States and around the world, and that disruption is expected to escalate. Among the issues confronting our clients, the effect of public health orders and other measures to address COVID-19 is threatening, impacting, and in some cases, outright prohibiting the performance of material contractual obligations ...
In stark contrast to earlier media reports as to what would constitute “essential services”, the Regulations published in terms of the impending coronavirus (COVID-19) lockdown are far from clear and explicit when it comes to ICT, including datacentres, fibre optic infrastructure, towers and antennae ...
On 19 March 2020, the Minister of Trade and Industry (the “Minister”) published two Regulations under section 78(1) of the Competition Act, 1998 (as amended) (the “Competition Act”), pursuant to the National State of Disaster declared on 15 March 2020 (the “National State of Disaster”).Both of the Regulations are effective immediately. The first creates a block exemption for the Healthcare Sector ...
At their core, the Regulations in terms of the Disaster Management Act, 2002 issued and brought into operation yesterday, 18 March 2020, outline the responsibilities of all government departments, the release and allocation of resources, and the conditions under which liquor industry may function. In the wake of the coronavirus (COVID-19) epidemic being declared a national state of disaster, the Regulations are intended to contain the spread of the virus ...
In consideration of the COVID-19 outbreak in Mauritius we want to take this opportunity to inform you of our business continuity and safeguarding procedures.ENSafrica’s top priority is to preserve the health and well-being of its people, its clients, all its business partners and their familiesas well as the ongoing success of business operations ...
Background As you no doubt know, the coronavirus (COVID-19) has been declared to be a pandemic by the World Health Organisation (“WHO”).In this time of global crisis, what is most key-critical to us, is that we continue to look after the wellness of our people while we service your business’s requirements and structure ourselves in a way that we are able deliver to you at the level you have come to expect of ENSafrica ...
The coronavirus (COVID-19) pandemic is changing the way we live, interact and conduct business. The Broad-based Black Economic Empowerment (“B-BBEE”) world in South Africa is no different. All companies undergoing a B-BBEE verification are required to permit their B-BBEE verification agencies to conduct on-site inspections and personal interviews as part of the verification process ...
Background Other than hand sanitizer manufacturers, private hospitals and the like which stand to profit from the coronavirus (COVID-19) disaster unfolding, the vast majority of South African companies fall into two groups: those that are hemorrhaging but will ultimately survive, and those who will not ...
On 15 March 2020, President Kenyatta gave a speech on how the Kenyan Government intends to manage the impact of the coronavirus (COVID-19) outbreak. We outline these measures below and also provide some pointers: Travel For 30 days following the announcement, or as varied by the National Emergency Response Committee, travel is suspended for all persons coming into Kenya from any country with reported COVID-19 cases ...
A. SHORT-TIME WORK 1. WHAT IS THE LEGAL POSITION? According to the "Act on the temporary crisis-related improvement of the regulations for short-time work compensation" ("Gesetz zur vorüberristeten krisenbedingten Verbesserung der Regelungen für das Kurzarbeitgeld") (see preliminary version of BT publication 19/17893), a company can order short-time work due to the worldwide cases of illness caused by the coronavirus and thus reduce working hours ...
Are delivery obligations between businesses still to be fulfilled? In principle, commercial contracts and the rights and obligations contained therein remain legally binding, despite the official measures taken to prevent the spreading of COVID-19. However, in connection with travel contracts, the Austrian Supreme Court qualified the outbreak of the infectious disease SARS as a force majeure event that made it unreasonable to perform the contract ...
As part of Spilman's and our COVID-19 Task Force's continuing effort to partner with you during this public health emergency, we’ve been monitoring Congress’ work on the Families First Coronavirus Response Act ("Act"). This now has passed both houses and all indications are that it will be effective within weeks. Even in its short history, the bill has seen some significant changes. This is the final form ...
Discussing the legal concept ‘Force Majeure’ in credit agreements – if it can be called upon, it has in principle a temporary nature and does not relief you from payment obligations. In general, force majeure is an unforeseeable and unavoidable event that occurs after a credit agreement has been concluded (i.e ...
