The New Mining Law After almost four years of discussions, the Bill on Minerals and Coal Mining was finally passed by the House of Representatives on 16 December 2008 and signed by the President on 12 January 2009 as Law No. 4 of 2009. The enactment of the New Mining Law brings mining under a new licensing regime whereas for the last 40 years, foreign investors have had to sign a Contract of Work to engage in mining ...
I. IntroductionIt has been over 4 years since the Constitutional Court’s ruling on 26 October 2004 which declared that Article 158 and other relevant articles of the Manpower Law in relation to serious misconduct were against the Indonesia Constitution and therefore were not legally binding. The legal effect of the ruling was that an employer cannot immediately terminate an employee for serious misconduct ...
In the current economic downturn it seems that industrial relations are once again in the spotlight for all the wrong reasons. Recent "wildcat" strikes over the use of foreign labour suggest a trend towards more militant attitudes within the workforce and the possibility of greater industrial unrest. The UK's labour laws are very complex ...
Leif Ramberg in team advising the West Sweden Chamber of Commerce on comments on proposal from the Environmental Procedure Committee Summary The Environmental Procedure Committee has been instructed, by supplementary directive, to review the legal rules which apply to the expansion of wind power ...
Mind Your Belgian Distributor! FAQ on the Belgian Law of 27 July 1961 on the Unilateral Termination of Exclusive Distribution Agreements of Indefinite Duration. Belgium is one of the very few countries in the world with a specific legal regime for the termination of certain distribution agreements, in addition to a law on agency contracts ...
On June 2, 2008, following the hearing of six cases (1) at the same time, the Quebec Court of Appeal ruled that section 114 of the Labour Code grants exclusive jurisdiction to the Commission des relations du travail to hear complaints made under section 124 of the Act respecting Labour Standards ...
The Act to protect persons with regard to activities involving firearms and amending the Act respecting safety in sports(1) was assented to on December 13, 2007(2) and came into force on September 1, 2008. This Act was passed in the wake of the tragic events that occurred at Dawson College in September 2006, when a young 18-year old woman named Anastasia De Sousa lost her life in a shooting incident, hence its name, the “Anastasia Act” ...
The Supreme Court of Canada ended a lengthy legal saga on November 20th, 2008 when it ordered St.Lawrence Cement Inc. to compensate residents of Beauport living near its cement plant. Comments on prescription, the assessment of damages and the granting of future damages. The Supreme Court's decision was expected and will have a major impact. Indeed, this decision imposes a burden that will be almost impossible for businesses to meet ...
Pat McFadden, the Minister for Employment Relations and Postal Affairs, has confirmed that the extension of the right to request flexible working to parents of children up to the age of 16 will be implemented in April 2009, as planned ...
The various amendments recently made to the Act respecting labour standards(1) (hereinafter the “ARLS”) essentially apply to the following:• the introduction of a new type of authorized leave for employees who are also reservists of the Canadian Forces and take part in operations;• the clarification of the concept of spousal cohabitation especially with regard to leave for family or parental reasons;• details on the advance notice to be given by employees who want to take pat
Many employers are rightly concerned about the significant amounts they are required to pay to the Commission de la santé et de la sécurité du travail in respect of employment injuries sustained by their employees. The general rule underlying the financial system of the regime is that the cost of benefits paid following an industrial accident sustained by an employee is imputed to his employer’s account, irrespective of whether the employer is at fault ...
Commercial disputes in the United Arab Emirates (UAE) are generally resolved through litigation in the courts or arbitration. Arbitration is becoming an increasingly popular way to resolve disputes. The UAE recently signed the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention). General overview and court structure The UAE is a federation of seven Emirates established in 1971 ...
As the economic outlook continues to look gloomy we are noticing a considerable increase in employment litigation work - this doesn't just point towards more people being dismissed (although this is certainly a factor) but also that as money gets tighter individuals feel they have nothing to lose and everything to gain by bringing claims. For employers this is obviously a headache ...
As reported in our September WortHReading, if you want to employ workers from outside the Economic European Area or Switzerland ("migrants") after 27 November don't forget that the new points-based immigration system will be up and running and you will need to become a licensed sponsor to do so. An employer without a sponsorship licence, but which employs migrants, will be acting illegally ...
In Chief Constable of West Yorkshire Police v Homer, Mr Homer argued that he could not obtain a degree in time to benefit from it financially before he retired aged 65, but younger employees would be able to and the policy was therefore indirectly discriminatory on the grounds of age ...
The Minister of Law and Human Rights issued Regulation No. 03.HT.03.10 of 2007 on 8 November 2007. Under Law No ...
To protect consumers of oil and gas products, on 13 June 2008, the Minister for Energy and Mineral Resources issued Regulation No. 19 of 2008 regarding Guidelines and Procedures for the Protection of Consumers for Downstream Oil and Gas Business Activities (the "Regulation") ...
With the UK economy continuing to be buffeted by the storm of the global financial crisis the effects are starting to be felt nearer to home in the "real" economy. For many businesses slashing costs is now a priority and, sadly, that often includes making staff redundant ...
Debate is raging at the moment as to the economic and political wisdom of imposing a so-called windfall tax on the profits of the UK's energy companies. Politicians, business people and consumer groups have all offered their views on what has been described as a "legalised raid" on the energy companies. But are the proposals "legal" at all? In that context it is important to consider where the profits in question are likely to have arisen ...
This legal update follows our September 2008 issue which gave a general overview of the major changes to the High Court and District Court Rules to come into effect on 2 April 2009. This and subsequent issues deal with those changes in more detail. This issue deals with the new "underlying objectives" and active case management by the court ...
In this October edition of Pensions Bulletin we consider a recent Government paper on surplus payments and highlight that schemes must take action if they wish to preserve a power to pay surplus to a sponsoring employer in the future. We also comment on the impact of the latest developments in the Sea Containers case on the use of the Regulator's power to issue Financial Support Directions ...
The Civil Justice Reforms will come into effect on 2 April 2009. The new court rules aim to improve cost-effectiveness and reduce complexity and delays in court proceedings. The purpose of this bulletin is to briefly highlight some of the majorchanges to the High Court and District Court Rules, which will come into effect on 2 April 2009. Subsequent bulletins will deal with these topics in more detail.1 ...
The UK Green Building Council has announced a new industry wide consultation to explore what kind of Code for Sustainable Buildings the industry needs to help it achieve the zero carbon target of 2019 and other sustainability challenges ...
"Shouldn't you be at work?" - sports presenter Des Lynam's famous words during the BBC's World Cup 98 coverage may well be repeated by many an employer over the next week or so. For as the Beijing Olympics reach a crescendo, businesses are once again facing up to the challenges posed by a major sporting event. But there are ways to ensure that the 29th Olympiad does not add to the headaches being suffered by credit-crunched employers ...
Decision-making in the planning process continues to be a complex issue. The process has been regularly challenged in the Scottish Courts through statutory appeals and judicial review, and for many years in Scotland there was a very low success rate for parties bringing such proceedings. Courts implied that they did not want to be used as a further appeal mechanism ...
