This is a question being asked by many companies. Is the severity of this event such that it enables companies to temporarily (or permanently) be excused from performance of their contractual obligations? As is often the case with legal questions, it depends. The term “force majeure” does not have a recognised meaning under English law ...
The outbreak of COVID-19 comes on the back of an already tumultuous two years for the global economy, markets and trade where the US-China "trade war" and other trade tensions and macroeconomic factors have created uncertainty, commercial losses and subdued growth prospects ...
The price of oil—already hammered by market conditions—took another stumble in the wake of the COVID-19 outbreak with no immediate relief in sight. Accordingly, the Oil & Gas Industry must prepare for the looming wave of oncoming legal issues, which will affect every sector of the market. This alert contains recommended actions for industry stakeholders ...
Mississippi business leaders will continue to hope that the new coronavirus, COVID-19, stays away from and out of our state.But even if we avoid direct exposure to this worldwide health crisis, Mississippi companies will face risk and resulting losses.From international shipping and travel to reliance on component parts manufactured on foreign shores, Mississippi businesses may not realize the full effect of the coronavirus for years ...
In view of the impending implementation of the Portable Gratuity Retirement Fund (“PRGF”), the Minister of Labour, Human Resource Development and Training has issued The Workers’ Rights (Portable Retirement Gratuity Fund) Regulations 2020 (the “PRGF Regulations”), deemed effective as from January 1, 2020. The implementation of the PRGF was, by a decision of Cabinet on December 13, 2019, postponed from 1 January 2020 to 1 April 2020 ...
A 2019 amendment to the Kenyan Companies Act, 2015 introduced a requirement for every company to keep a register of its beneficial owners and submit a copy of this register to the Registrar of Companies (the “Registrar”) within 30 days of preparation. In order to put the above statutory requirements into action, the Attorney-General published the Companies (Beneficial Ownership Information) Regulations, 2020 (the “Regulations”) with effect from 28 February 2020 ...
The Parliament of Rwanda recently passed two key laws to counter money laundering, the financing of terrorism and the proliferation of weapons of mass destruction (“WMDs”), in an effort to strengthen and increase confidence in its financial system. Law No. 74/2019 of 29 January 2020 establishing the Financial Intelligence Centre (“Law No ...
The right to strike is enshrined in section 23 of the South African Constitution and regulated in some detail in the LabourRelations Act, 1995 (“LRA”). It is a valuable arrow in the quiver of strategies to be considered by employees when engaging in collective bargaining, but employers also have recourse when it comes to collective bargaining: locking out employees. In a sense, the right to strike and the recourse to a lock-out in this context are two sides of the same coin ...
Coronavirus-Related Conditional Relief and Assistance On March 4, 2020, the Securities and Exchange Commission (the “SEC”) announced that it would provide conditional regulatory relief with respect to certain filing and mailing obligations under the Securities Exchange Act of 1934, as amended (the “Exchange Act”) for registrants, and other persons making filings with respect to a registrant, affected by the impacts of the coronavirus (COVID-19) ...
In the past months, coronavirus disease (COVID-19) outbreak has been a major topic of interest worldwide and continues to be a source of concern for all businesses across industries. Among the significant disruptions brought to the global economy, COVID-19 has a direct impact on the workplace. Various companies have already struggled to find out solutions to mitigate risks related to COVID-19 and to ensure business continuity ...
This second alert of a multipart series provides practical tips to minimize legal risk arising from the following legal perils that await any unprepared or ill-informed employer. As the world’s information about the Coronavirus (“COVID-19”) continues to quickly update, employers must remain aware of the many potential legal risks that can rapidly arise when grappling with COVID-19 in U.S.-based workplaces and workforces ...
The spread of coronavirus is continuing to dominate the news with a fifth of the UK workforce expected to be off sick during the peak of the epidemic. As the number of confirmed cases in the UK increases daily, we look at five key issues for employers ...
We would like to remind you that on September 15th, 2020, the Government of the Russian Federation approved a list of measures that employers, who have invited foreign national employees, shall observe (“Decree”).The document came into force and will be valid for 6 years. The text of the Decree is available, in Russian only, here ...
There has been an increase in the number of businesses seeking to exploit coronavirus for commercial gain, often in breach of relevant advertising and consumer regulations. What can you do to make sure your advertising practices are above board? Background A surge in the demand for products related to coronavirus, such as facemasks and hand sanitiser gel, has led to a range of issues, particularly in relation to responsible advertising and fair pricing practices ...
A recent judgment of the Madras High Court: Woman Giving Birth After Twins Not Eligible for Maternity BenefitsIn a recent judgment of theMadras High Court,a working woman who gave birth to a child in her second delivery after having twins in the first delivery has been held to not be entitled to maternity benefits, as the second delivery should be treated as the third child ...
The golden thread passing through the equality scheme[1] of the Indian constitution is “enjoyment of life by all citizens and an equal opportunity to grow as human beings irrespective of their race, caste, religion, community, social status and gender”.One of the basic tenets of the equality scheme lies in the recognition and acknowledgment of the “right of choice and self-determination” ...
In our country there are a large number of transnational companies that have their operations in El Salvador, this due to the cost of labor, and the geographical position of our country that allows it to be a point of connection with other jurisdictions. It is common to realize that in many companies foreign personnel are hired and are even placed in leadership positions, so it is important that we are prepared with the applicable legislation in this type of hiring ...
This first alert of a multipart series provides practical tips to minimize legal risk arising from the following legal perils that await any unprepared or ill-informed employer. As the world’s information about the Coronavirus (“COVID-19”) continues to quickly update, employers must remain aware of the many potential legal risks that can rapidly arise when grappling with COVID-19 in U.S.-based workplaces and workforces ...
On February 13, President Cyril Ramaphosa announced the promulgation of certain significant sections of the Competition Amendment Act, 2018, including a change to the confidentiality regime, the new buyer power provision and the new price discrimination provision. The trade & industry minister has also published new regulations on buyer power and price discrimination ...
In light of the first Coronavirus case being confirmed in South Africa yesterday, employers will need to be more stringent in their approach to managing what the World Health Organisation (“WHO”) has declared to be “a global health emergency” in their workplaces. It has been said that false information about COVID-19 (otherwise known as the Coronavirus) is spreading faster than the virus itself ...
The extent of disruption caused by COVID-19 is unknowable at this time. However, it is likely that there will be suppliers unable to economically weather the storm. Having represented manufacturing customers and suppliers for decades, one thing is certain: even the most sophisticated entities make costly mistakes in addressing distressed suppliers without realizing they paid more as a customer than was necessary ...
Answers to important questions 1. WHAT INFORMATION OBLIGATIONS DOES THE EMPLOYER HAVE TO INFORM ITS WORKFORCE? As with other highly infectious diseases, employers have a duty to inform their staff about the coronavirus as part of their general duty of care and consideration (Sec. 241, 618 German Civil Code [BGB]). The extent of this duty to inform depends, among other things, on whether a member of staff is suspected of having caught the virus, whether or not this has been confirmed ...
In light of the first Coronavirus case being confirmed in South Africa yesterday, employers will need to be more stringent in their approach to managing what the World Health Organisation (“WHO”) has declared to be “a global health emergency” in their workplaces. It has been said that false information about COVID-19 (otherwise known as the Coronavirus) is spreading faster than the virus itself ...
The stock market is undoubtedly one of the most important economic forces in the world. Every year, billions of dollars are moved through stock exchange operations, and year after year, in most jurisdictions, the stock market is promoted as a tool for financing or capturing capital for issuers and as an investment for thousands of participants seeking to place their funds in higher yield investments ...
