A recent Supreme Court decision has clarified the position on how holiday pay for irregular workers on permanent contracts should be calculated. But practically, where does this leave employers and what options are available to them? Background Under the Working Time Regulations, workers are entitled to be paid a minimum of 5 ...
Recently, President Biden announced an executive order to pardon all federal marijuana possession charges. The President also urged governors to do the same at the state level saying, “Just as no one should be in a federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either.” While President Biden’s pardons signal a step toward overhauling U.S ...
The Covid-19 pandemic has played an important role in shaping labour markets by accelerating the growth of digital labour platforms which have in turn brought a number of challenges ...
The Transparent and Predictable Working Conditions Regulations came into force last Friday, the 21st October 2022, implementing the Transparent and Predictable Workings Conditions Directive (2019/1152). The Regulations lay down minimum requirements on the working conditions applicable to every worker in the European Union who has an employment contract or relationship ...
Under the Renewable Energy Act (Republic Act No. 9513) (the “RE Act”), it is a policy of the state to increase the utilization of renewable energy (“RE”) by institutionalizing the development of national and local capabilities in the use of RE systems ...
On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) released the “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing the “EEO is the Law” poster. The “Know Your Rights” poster provides updated guidance on federal anti-discrimination laws to applicants, employees, and employers. Covered employers are required to prominently display the “Know Your Rights” poster at their worksites ...
October 20, 2022 By: Gwenneth O’Hara and Samir Hafez On September 21, 2022 the California Energy Commission (CEC) issued its draft report of the Lithium Valley Commission, which includes 44 recommendations concerning the opportunities and challenges associated with the expansion of geothermal energy production and lithium extraction in the Salton Sea region ...
It is generally accepted that hybrid working is here to stay, along with all the challenges that managing a remote workforce presents. Here we focus on how an employer can effectively manage absence when employees are working remotely. As we discussed in our previous article, The Future of Work: Performance management in a hybrid working world (shoosmiths.co ...
A summary of the key takeaways from a recent webinar on Immigration in Scotland: How do the current rules help fill Scottish labour shortages? The event was hosted by Pavan Sumal and Samantha Mackie and a summary of key takeaways can be found below. General Overview Scotland is subject to the same immigration rules as the rest of the UK. Whilst this carries many benefits, it doesn’t recognise the fact that each of the home nations is unique and has different needs ...
Companies operating in Myanmar have been deeply affected by the present economic downturn due to several factors, ranging from pandemic to political. The economic downturn has led many companies in Myanmar to consider possible restructuring options. DFDL Myanmar has helped many companies navigate the economic downturn, whether through the M&A process, suspending/hibernating (including mothballing) operations or winding up as a last resort ...
The Philippine Department of Justice (“DOJ”) has issued an opinion to the effect that the exploration, development and utilization (“EDU”) of solar, wind, hydro and ocean or tidal energy sources is not subject to the forty percent (40%) foreign equity limitation under Article XII, Section 2 of the Philippine Constitution ...
In a recent Federal Court decision, Justice Fothergill dismissed AbbVie?s applications for judicial review of the following decisions of the Minister of Health (the ?Minister?): that JAMP was not a ?second person? for the purposes of s 5(1) of the PM(NOC) Regulations; and to issue NOCs to JAMP for its SIMLANDI Presentations. Background AbbVie's drug HUMIRA first received approval in Canada in 2004 as a 50 mg/mL concentration of adalimumab ...
The Advocate General’s Opinion in Case C-449/21Towercast rendered on 13 October is interesting reading in particular in the context of «killer acquisitions». The dispute in the main proceedings before Cour d’appel de Paris concerns the question as to a supplementary or «gap-closing» application of Article 102 TFEU in relation to the national rules on merger control ...
pMany development authorities and other economic or industrial development authorities in the State of Georgia (each, an “Authority”) offer “Economic Development and Incentive” programs for private companies which commit to make new capital investments that promote trade and commerce and provide new employment or retain existing employment ...
On 14 October 2022, the Minister of Finance, Enoch Godongwana, in terms of the Financial Intelligence Centre Act, 2001 (“FICA”) made amendments to the Money Laundering and Terrorist Financing Control Regulations, 2002, which will come into force on 14 November 2022. In terms of these amendments, the prescribed amount for reporting cash transactions under section 28 of FICA to the Financial Intelligence Centre has increased from ZAR24 999 to ZAR49 999.99 ...
What are the legal consequences of an employee continuing to work after the employee has reached the agreed upon retirement age? Does a new contract of employment come into force or does the old contract continue operating? Can an employer still terminate employment on the basis that the employee has reached (and passed) their retirement age? These questions have been the subject of much debate over the years ...
The Governor’s office has announced that the COVID State of Emergency will end on February 28, 2023. Absent a change in the Governor's plans, at that point, COVID-19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361. Brown Act Teleconference Meetings The Brown Act allows an agency's governing board to use any type of teleconferencing in connection with any meeting ...
The window to apply for the 2023 foreign employee quota is open until the end of November 2022. Enterprises employing or intending to employ foreign employees in 2023 are required to apply for a foreign employee quota from the Ministry of Labour and Vocational Training (“MLVT”) ...
Today is World Menopause Day! Whilst it may feel like ‘just another day’, it is an important day for raising awareness of something that has, historically, not been on most people’s radars (other than those going thought it, of course) ...
The world’s energy shortage crisis immensely affects the fluctuation of prices of natural gas and fuel, as well as the global economy. Many leading countries have encouraged and promoted the development and use of clean and renewable energy for sustainability ...
On September 14, 2022, the Parliament approved the draft of the Act Amending the Thai Civil and Commercial Code (the “Amendment Act”) covering Title XXII on Partnerships and Limited Companies. Under this Amendment Act, a new M&A scheme and amended corporate governance requirements have been introduced for limited companies ...
As we continue to expand our China Practice, we are looking for Thai lawyers who are interested in corporate and commercial law, foreign direct investment and M&A transactions to assist our China Practice. Career Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...
With the end of the year just around the corner, it’s a good time to reassess plans and action-items. When reviewing your year-end estate planning or business transition concerns, there are several things to contemplate and review, such as year-end gift giving and tax considerations. Below is a list of items we’ve identified that you might want to consider as you plan for the end of the year and future transitions ...
On 21 September 2022, the Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 247/22 on the Determination of Minimum Wage for Workers in the Garment, Textile, Footwear (“GTF”), Travel Product and Bag Sectors (“Prakas 247”), to set a new minimum wage for 2023, which will be effective from 1 January 2023. Under Prakas 247, workers in the above sectors will be entitled to the following new minimum wage: for regular workers, USD 200 per month ...
