The General Meeting during the State of Emergency? Can it take place? And can it be convened? Do crisis measures contain an exception for meetings of the statutory organs of the company (e.g ...
An issue concerning businesses at present is the problem of settlements between them resulting from non-culpable inability to perform contracts. This is an area that may require the Parliament’s intervention if current regulations prove insufficient. Due to the closure of anumber of facilities (restaurants, cinemas, some retail outlets), businesses are incurring huge losses ...
Justice systems around the world will soon be exposed to the same pressure as is currently crushing healthcare systems in the wake of the Covid-19 pandemic. What can judges and advocates doto “flatten the curve” and increase the resilience of the justice system as it awaits the post-pandemic wave of disputes? Healthcare systems around the globe are wobbling, and in some states collapsing under atsunami of Covid-19 cases ...
The awaited regulation by the Ministry of Economy, Energy and Business Environment on issuance of the Certificate for emergency situations (“CES”) has been adopted through Order 791/2020 relating to the granting of emergency certificates to the economic operators whose activity is affected in the context of SARS-CoV-2 pandemic published on 25 March ...
Decree 457 of 2020 issued a mandatory preventive isolation order for every resident of the Republic of Colombia, as a consequence of the economic, social and ecological emergency that has been declared in the national territory. In this regard, it is required to regulate the mandatory isolation ordered by Decree 092 of 2020 in Bogotá D.C ...
The coronavirus (COVID-2019)[1], which today affects more than 150 countries and territories around the world, has already had, and continues to have, a significant impact on the global economy ...
Having begun as a fairly localized issue in the centre of China, the COVID-19 outbreak has spread rapidly across borders, significantly impacting the global economy and causing havoc in financial markets. The impact has been across all sectors, from transport and tourism to manufacturing, technology, energy, retail and beyond ...
Employers have to face a number of issues in the current situation, some of which have data protection implications. Below you will find a brief summary of the data protection issues which are typically arising as a result of the pandemic, in a Q&A format.With regard to question no ...
In an attempt to ensure that the spread of COVID-19 is contained effectively, the Indian Government has mandated a complete nationwide lockdown for 21 days beginning from March 25, 2020, 00:00 hrs. Mandatory Closure of Commercial Establishments All shops, commercial establishments, factories, workshops and offices, excluding establishments engaged in providing essential are required to be shut down ...
Financial Market Commission Announces a Package of Measures to Facilitate Credit Flow to Both Companies and Individuals By Diego Peralta and Diego Lasagna On March 23, 2020, the Financial Market Commission’s Council (“CMF”) approved new measures destined to grant more flexibility to the financial system, in the context of the coronavirus Covid-19 global outbreak ...
Obligation of Czech employers to protect employees from coronavirusPursuant to Section 106 (1) of the Labour Code, an employee has the right be assured of occupational health and safety protection at work (hereinafter referred to as "OHS"), even during a pandemic.Regarding prevention, the provision in section 102 of the Labor Code remains paramount ...
State of Emergency Conditions What does "state of emergency" actually meanand what are the powers of the Government in the regard? Can someone claim damages incurred in relation to the state of emergency? State of Emergency With effect from 12 March 2020 at 2 pm, the Government of the Czech Republic (the “Government”) has declared astate of emergency for 30 daysfor the territory of the Czech Republic due to health threats related to the presence of coronavirus in the
Crisis measures issued after the announcement of the state of emergency List as of 14 March 2020 1. Temporary implementation of the protection of internal borders in the Czech Republic Underlying document: Government Declartion No. 197 from 12.3.2020 and extraordinary measures of the Ministry of the Interior dated 13.3.2020 Effectiveness from: 14.3.2020 od 0:00 hod. Effectivness until: 18.3 ...
With the coronavirus outbreak, attention has been focused on the Defense Production Act of 1950 (“DPA”)[1], a statute dating back to the time of the Korean War, which authorizes the President in times of national emergency to: Make direct purchases and purchase commitments of critical supplies and services; Interrupt the normal flow of goods, even when under contract, by requiring U.S ...
Due to the health crisis derived from the COVID-19 virus, declared as pandemic by the World Health Organization on March, 11, 2020, the US and Mexican governments released a joint statement, by which travel restrictions are established, in order to reduce the spreading of the COVID-19 as it is paramount to ensure the health of nationals of both countries and at the same time, protecting cross- border essential economic and employment activities ...
The regulations published on 18 March 2020 in terms of the Disaster Management Act, 2002 (the “Act”) have been amended to regulate the lockdown announced by President Ramaphosa on 23 March 2020. A new chapter 2 specifically dealing with the lockdown has been inserted into the regulations. We summarise below the most significant provisions contained in chapter 2 ...
On 23 and 24 March 2020, the Minister of Trade, Industry and Competition (the “Minister”) published Regulations under section 78(1) of the Competition Act, 1998 exempting the banking and retail property sectors respectively from certain provisions of the Competition Act in order to limit the impact of the ongoing national state of disaster announced on 15 March 2020 ...
As a result of the increasing spread of the coronavirus (COVID-19), many employees may consider placing themselves in self-quarantine after possible exposure to the virus. Self-quarantine is a precautionary measure taken by a person who has been in contact with someone who has contracted COVID-19, but has not tested positive or is not showing any symptoms of the virus ...
In terms of ordinary contract principles, if an employee commits an act of serious misconduct, this constitutes a breach of contract. This breach alone does not terminate the contract of employment. The employer can elect to either “accept” the breach or “reject” it. If the employer accepts the breach, it is this election of the employer to accept the breach that terminates the contract. This would, in common law terminology, constitute a dismissal ...
A trend is emerging with recently filed litigation involving the COVID-19 pandemic. Spilman attorneys are committed to providing information that allows businesses to react as quickly as possible to avert civil litigation threats or to protect your interests through litigation. Monitoring these litigation trends will allow organizations to prepare to defend against such threats in the future or to identify and pursue civil remedies when needed ...
How might businesses in your jurisdiction be impacted by the Covid-19 pandemic? The Government of Estonia declared an emergency situation on March 12th due to the worldwide Covid-19 pandemic and the threat of mass infections. The government has decided to ban public gatherings and implement distance learning at schools, implemented sanitary controls at the border, and closed cultural and entertainment institutions until the 1st of May ...
A trend is emerging with recently filed litigation involving the COVID-19 pandemic. Spilman attorneys are committed to providing information that allows businesses to react as quickly as possible to avert civil litigation threats or to protect your interests through litigation. Monitoring these litigation trends will allow organizations to prepare to defend against such threats in the future or to identify and pursue civil remedies when needed ...
