Probationary employment is an arrangement where an employee is placed on trial by the employer for a period of time, not to exceed six months, to allow the employer to determine whether the employee is fit for regularization. Probationary employment is beneficial for employers as it allows them to address problems in the employment relationship before regularization ...
Canadian Lawyer By Tim Wilbur Cecilia Barnes knew from an early age she wanted to be in business. She entered law school so she could work with entrepreneurs and business executives. When Barnes looked for opportunities after graduating, she focused on working in-house. “I thought, I've taken all of these courses in business and trademark and copyright. So, any company is going to be so excited to have me ...
Year 2022 included several significant legislative reforms in the field of employment law. As we have now entered 2023, it is a good time to take a look back to the previous year and to have a look at reforms and amendments coming up during 2023 within the field of employment law ...
Labor inspections is one of the ways the Department of Labor and Employment ("DOLE") implements its visitorial and enforcement powers under the Labor Code, to secure a higher level of compliance with labor laws and standards, and to ensure continuity and sustainability of compliance at workplaces ...
Following the creation of the Department of Migrant Workers ("DMW") pursuant to Republic Act No. 11641, or the Department of Migrant Workers Act ("RA 11641"), the Department of Labor and Employment ("DOLE") and the DMW issuedJoint Circular No. 01, series of 2022 (the "Joint Circular"),on July 7, 2022, to facilitate and ensure the efficient and effective implementation of RA 11641 ...
With the restrictions brought about by the COVID-19 pandemic lifted, people are on the lookout for employment opportunities. Employers are in search of capable employees who can contribute to the recovery and growth of the company. Screening job applicants is a crucial step to ensure that the right person for the job is hired ...
It’s 2023 and in the first of our HR Improve articles for this year we focus on three key areas for employers to consider when bringing new talent into their business. Permission to work in the United Kingdom Making sure that any new starter has the right to work in the UK is essential and this should be checked prior to the first day of employment to make sure that they can start as planned ...
The end of the first month in 2023 also marks the end of the next quarter in our case law update series. Here we highlight the most significant employment law cases since November 2022 and the lessons that employers should take from them. Redundancy pool Deciding on which employees to include in a redundancy pool is usually straightforward. However, problems can arise, particularly where the pool includes just one person, as the case of Teixeira v Zaika Restaurant Ltd and another demonstrated ...
On 31 December 2023 under the Retained EU Law (Revocation and Reform) Bill, all retained EU law will be revoked. Suzanne Burrell, partner, and Kim Muddimer, PSL at Shoosmiths examine the background to the Bill and the possible impact on UK occupational pension schemes. On 22 September 2022, the UK government announced that all retained EU laws will be sunset (meaning revoked) on 31 December 2023 under the Retained EU Law (Revocation and Reform) Bill (Bill) ...
FinTech is important to the financial services sector in both India and the UK. A trade agreement could facilitate FinTech growth and deepen trade between the two countries. Kiran Desai, Head of Shoosmiths Brussels is joined by colleague Prakash Kerai to host Prashanth Ramdas of Khaitan & Co ...
In a landmark decision delivered on the 11th January 2023, in the names ‘Av. Jonathan Abela Fiorentino noe vs Eolia Limited’ (case no. 68/2022 ISB), the Civil Court (Commercial Section) rejected the application filed by defendant company demanding the Court to order a retrial of the liquidation proceedings that led to the company being placed into liquidation ...
Non-compete clauses in employment agreements have been the source of much controversy over the years. Employers want them to protect their human capital and to prevent competitors from stealing their valued employees. Employees dislike them because they prevent mobility of employment. There are good arguments on both sides. Recently, there have been developments that seem to erode the enforceability of non-competes ...
Personalized Media Communications, LLC v. Apple, Inc., Appeal No. 2021-2275 (Fed. Cir. Jan. 20, 2023) Our Case of the Week focuses on the doctrine of prosecution laches. Following a bench trial on the issue held shortly after the Federal Circuit’s decision in Hyatt v. Hirshfeld, 998 F.3d 1347 (Fed. Cir. 2021), the district court found Personalized Media Communications’ patent unenforceable under the doctrine ...
Dear Ladies and Gentlemen, On 1 January 2023, Federal Law No. 237-FZ dated 14 July 2022 (the “Law”) came into force. The Law changed the way companies cooperate in terms of the engagement of individuals under civil law contracts. The text of the Law is available in Russian here. Considering the latest recommendations from the Russian Ministry of Labour, companies also need to consider these changes in relation to contractors who live abroad ...
With the new year in full swing, we look at what we can expect in the employee incentives space in 2023. Board discretion for enterprise management incentive (‘EMI’) options: A key development last year was the arrival of the long-awaited HMRC guidance on the use of board discretion in the context of EMI options in October 2022. The uncertainty around HMRC practice had been causing hesitation in advice and delays on corporate transactions ...
The United Arab Emirates (UAE), a sought-after destination by foreign businesses for establishing their regional offices, consists of multiple jurisdictions for incorporation/establishment of entities. Each Emirate of the UAE has its own licensing authority and, additionally, there are more than 40 free zones in the UAE. Each Emirate and each free zone can be regarded as a separate jurisdiction for the incorporation and establishment of entities ...
The Supreme Court has upheld a summary judgment against a tenant in respect of payment of service charge where the demand was referred to in the lease as being “conclusive" once certified by the landlord - but also held that this does not prevent the tenant from then bringing a counterclaim in relation to its underlying liability. The tenant is therefore required to pay immediately, and then challenge disputed elements of the costs ...
On 16 January 2023, the Financial Market Commission ("CMF") published in its web site and invited to submit comments to a regulatory proposal involving the issuance of two rules: (i) the general rule that will regulate the requirements and procedures for registration in the Registry of Financial Services Providers (the "RPSF") and (ii) the general rule that will regulate the authorization to provide investment advisory services by persons registered in the RPSF (the "Proposed Rule") ...
On January 10, the United States District Court for the District of Columbia issued a long-awaited opinion which will allow the U.S. Department of Health and Human Services (HHS) to determine the means by which it will repay inappropriate cuts it levied against 340B participating hospitals’ Medicare reimbursement.[i] The District Court’s decision comes on the heels of the United States Supreme Court’s unanimous decision in American Hospital Association v. Becerra, 142 S. Ct ...
In response to the pandemic, the Canadian government launched in the spring of 2020 the Canada Emergency Wage Subsidy (the ?CEWS?), a program that provides employers with a subsidy based on the remuneration paid to their employees and income they lost during the pandemic. Section 125.7 of the Income Tax Act (the ?ITA?) sets out how the subsidy is to be calculated, and likely caused problems for those who had to interpret this ambiguous provision without supporting doctrine or jurisprudence ...
