Whether your company engages in maintenance activities, manages or rents space in a building,1 you should give serious consideration to applicable construction industry rules before agreeing upon a price: a recent judgment of the Court of Appeal may be of interest to you if, under Québec legislation, your employees are required to be members of a construction trade (carpenter, plasterer, plumber, electrician) in order to perform their work ...
The Labour Code approved by Law no. 99/2003 of 27 August will come into force on 1 December next, the first stage of the labour law reform thus coming to a close. Driven by the pressing need to endow the country with more flexible and investment, productivity and employment generating labour laws, the reform was at first enthusiastically backed by the employers’ confederations and firmly opposed by the trade unions ...
From among the innovations brought by the Labour Code, noteworthy is the express recognition of what are known as “personality rights” set forth in Articles 15 to 21 of the Code. To be considered, however, is that our legal system has long acknowledged the existence of this category of rights, which characteristically encompass the vital aspects of human personality and are acquired at birth and, as such, classifies such rights as universal ...
From among the special forms of contracting employment, special reference should be made, as it is an innovation, to the possibility of an employee being bound simultaneously to several employers provided there are corporate or organisation relations between them, by way of a contract in writing stating which of the employers represents the others in the performance thereof. Where these requirements are not met, the employee will be free to choose to which employer he/she wishes to be bound ...
In the area of salary, to be emphasised is that the Code has established that the calculation of supplementary and fringe benefits must be based on the basic salary and length of service payments. Also noteworthy are the new rules relating to special pay for exemption from regular working hours, which is after all justified by the fact that the Code provides for three different forms of exemption (vide III above) ...
The amendments made to occupational mobility, also known as functional polyvalence, are quite significant and resorting to this mechanism has become more flexible. This matter, which was governed by Article 22 (rendering of work by the employee not included or object of his/her contract) of the Employment Contract Law, is now addressed by Article 151 (Performance of Duties), Article 152 (Effects on Remuneration) and Article 314 (Occupational Mobility) of the Code ...
In terms of geographical mobility, the Labour Code has maintained the prohibition of the employer transferring the employee to another workplace, save where the interests of the company so require and this change does not entail a serious loss for the employee, where the transfer results from the total or partial moving of the establishment where the employee works, in the cases provided for in collective bargaining agreements or where the employee agrees to the transfer ...
The system applicable to the transfer of a company or part thereof set forth in Articles 318 to 321 of the Labour Code is aimed at rendering this system compatible with Community Law, notably with Council Directive of 12 March 2001, which focuses on this issue on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of companies or establishments ...
The system governing collective bargaining is that which the Code has changed the most. Among these changes, the most important is undoubtedly the provisions applicable to the survival of collective agreements. Under the prevailing law, once a collective bargaining agreement had reached its term, it would remain in force for an unlimited period of time until it was replaced by a new one ...
Attorneys and other service providers who deal with securities may unwittingly become liable for aiding and abetting violations of the Texas Securities Act. Introduction: A recent decision from the Fort Worth court of appeals should concern anyone who deals with securities transactions, because the burden of proof for imposing liability on a person as an aider and abettor under the Texas Securities Act (“TSA”) just became a little easier ...
I. Introduction The Institute for Intellectual Property and Information Law at the University of Houston Law Center publishes “www.patstats.org,” providing United States patent litigation statistics. Specifically, with respect to the issue of validity, in 2000, the alleged infringer “won” the issue 53% of the time and the patent was held invalid, while the patentee “won” the issue only 47% of the time, and the patent was held valid ...
American Bar Association Annual Meeting 2003 Introduction Description of Revision Process How the 2003 Revisions Affect the Neutrality of Party-Appointed Arbitrators How the 2003 Revisions Affect Ex-Parte Communications Between the Arbitrators and the Parties and Between Themselves
Introduction All companies that engage in international commerce, whether large or small, should develop and implement a corporate compliance policy and training program so that employees, whether based in the US or abroad, are aware of conduct that could create liability for themselves or their company ...
Advanced Personal Injury Law Course 2003
News for Retiree Medical Plans
On Monday, June 30, 2003, the SEC approved new rules proposed and adopted by the New York Stock Exchange (“NYSE”) and the Nasdaq Stock Market (“Nasdaq”) requiring shareholder approval of equity compensation plans or material amendments to existing equity compensation plans ...
On May 28, 2003, the U.S. Department of Labor ("DoL") issued proposed regulations on COBRA continuation coverage notice requirements. The proposed regulations include content standards for each type of required notice and provide sample forms for certain of the required notices. This Alert focuses on the significant changes applicable to single employer health plans. Even though they are only proposed, the regulations are important for a number of reasons ...
Discovery for a New Millennium I. THE CHALLENGES OF ELECTRONIC EVIDENCE Computer usage now pervades all elements of society. Most businesses and many individuals conduct a significant percentage of communications through electronic media. E-mail, facilitated by the Internet, has become the dominate form of inter-office and intra-office communication ...
As required by Section 403 of the Sarbanes-Oxley Act of 2002, the Securities and Exchange Commission (the “SEC”) has adopted final rules and form amendments mandating the electronic filing, and website posting by issuers with corporate websites, of beneficial ownership reports filed by officers, directors and principal security holders under Section 16(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) ...
The SEC’s Final Rules regarding Implementation of Standards of Professional Conduct for Attorneys purport to allow attorneys who appear and practice before the Commission to disclose client confidences to the Commission in three situations: (i) To prevent the issuer from committing a material violation that is likely to cause substantial injury to the financial interest or property of the issuer or investors; (ii) To prevent the issuer, in a Commission investigation or administrative proce
The Most Common Legal Problems Entrepreneurs Encounter and How to Solve Them How to Avoid Snatching Defeat from the Jaws of Victory The Most Common Legal Problems Entrepreneurs Encounter and How to Solve Them Rob Kibby Chuck Powell Haynes and Boone, LLP Areas of Concern Areas of Concern • Ownership Ownership • Employees (and Independent Contractors) Employees (and Independent Contractors) • Tax Matters Tax Matters • Securities Law Matters Securities Law Matters • Accounting M
