Member Articles

TheSarajevo Business Forum2016(SBF) was, among hosting a number of lectures and discussions, a platform for one of the largest post-war investments in the energy sector in Bosnia & Herzegovina (BiH) ...

On April 29, 2016, the National Center for Energy Control (“CENACE”) announced the second auction for long-term supply and purchase contracts to satisfy the need of basic service suppliers (for the time being, the Federal Electricity Commission, perhaps better known for its acronym, “CFE”), for power, capacity, and clean energy certificates. The standard commercial operation date of the projects awarded under the auction is scheduled for January 1, 2019 ...

In a recent case, the Labour Court needed to consider the interplay between section 136 of the Companies Act, 2008 and section 189 of the Labour Relations Act, 1995 (“the LRA”). The latter section enables an employer to terminate an employee’s employment based on operational requirements. Section 136(1)(a) of the Companies Act provides that, during business rescue proceedings, employees will continue to be employed by the employer on the existing terms and conditions of employment ...

On May 11, 2016, OSHA issued a final rule, which is slated to go into effect January 1, 2017. This requires certain employers to electronically submit information regarding workplace injuries and illnesses. As with any new rule-making by OSHA, presumably legal challenges to the rule are on the way. Nonetheless, here are the relevant new provisions. Read the full alert ...

There’s no longer a basis to speculate or read or ignore the rumors. The Department of Labor (DOL) has finalized its changes to the regulations governing who may be exempt from being paid overtime. The changes will still be dramatic in terms of the number of employees impacted, but employers’ worst fears as to what they might contain did not quite materialize. Last Summer’s Proposed Regulations Early last summer, the DOL published its proposed changes to the overtime regulations ...

The Defend Trade Secrets Act of 2016 (DTSA) - arguably the most significant change to U.S. intellectual property laws in the past decade - was signed into law by President Obama on May 11, 2016. The DTSA creates a federal, civil remedy for misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce ...

By a judgment of 24 May 2016 in the MT Højgaard/Züblin case (Case C-369/14), the Court of Justice of the European Union has pronounced on the possibilities of changing the identity or the composition of a preselected entity during an award procedure. The case was a result of E ...

Dear All, ALRUD Law Firm hereby informs that the amendments introduced to Arbitrazh procedural code in accordance with Federal law as of 02 March 2016 No. 47-FZ “On the amendments to APK RF” (hereinafter referred to as – “Law”) will come into effect on 01 July 2016. The Law remains in line with the general trend on reduction of arbitrazh (state commercial) courts workload and speeding up arbitrazh proceedings ...

On March 1st, 2016, Supreme Decree N° 62 of the Ministry of Economy, introduced in 2006 (hereinafter, the “Decree 62”), that regulates capacity transfers among power generation companies entered into force, modifying the methodology used to calculate transfers.IntroductionThe Chilean electric system remunerates power generation companies for two products: energy and capacity ...

One of the innovations introduced by the Companies Act, 71 of 2008 (“Companies Act”) is the mechanism of business rescue proceedings in South Africa. In particular, chapter 6 of the Companies Act was inserted to “provide for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders” (see section 7(k)) ...

One may say that Russian migration procedures are overly complicated but is it really so, especially for foreign nationals falling into the category of highly qualified specialists (the HQS)? In reality, the procedure is not so complicated. Its main peculiarity is that it is quite formalistic and requires attention to details of both the employer and the employee. Under the general rule, a foreign national planning to work in Russia shall have a work permit and work visa ...

The June 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Employees in corporate reorganisations.” The article was contributed by SyCipLaw partner Ronald Mark C. Lleno and senior associate Easter Princess U. Castro.Read the article online at the IFLR website ...

Significant international sport and cultural events like Euro 2016 may, in some cases, result in conflict between employers and even the most disciplined and professional employees. So what is it like for employers? Obviously, football euphoria cannot stay outside the work place: plenty of discussions on victories and defeats of national teams during working hours, applications to work from home or leave, watching broadcasts on corporate devices and so on ...

We would like to inform you that the draft Federal Law № 1015753-6 “On Amendments to the Code of Administrative Offences of the Russian Federation (hereinafter - the “Administrative Code”) for prevention of illegal engagement of foreign nationals to work on construction projects” (hereinafter - the “Draft Law”) is currently under consideration by the State Duma at the first reading ...

One of the liveliest parts of the recently held panel discussion organised by the Association for Sustainable Development and the Youth Forum of the European Movement, was revolving around Serbia's obligation to reach 27% of its total consumption of energy to be coming from renewable energy sources (RES) by year 2020 ...

Using muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to “remove such purveyors of darkness from their environment”.This was the outcome of recent arbitration proceedings before the National Bargaining Council for the Sugar Manufacturing and Refining Industry in the case of NASARIEU obo Mngomezulu v Tongaat Hulett Sugar Limited (Darnall) (case no. NBCS5-15, 15 June 2016) ...

Emphasising the importance of the shift to green trends and sustainable development has become something of a global custom in recent years, although mostly through being associated with the production of green energy and its consequential distribution. However, an often overlooked aspect in this regard has been the need for labour force that arises from the development of the so-called "green economy" ...

According to recent news reports, the Bosnian Ambassador in Podgorica, Đorđe Latinović, stated that a labour agreement between BiH and Montenegro on temporal employment is due to be signed soon. The main purpose of this agreement being to regulate the status of seasonal workers in the two countries and reduce the possibility of undeclared work ...

Dear Sir or Madam,We would like to inform you that in October 2016 significant changes in Russian labour legislation will come into force. The changes are as follows:Salary payment terms are specified. Salary shall be paid not later than 15th day of the month following the assessment one. Rate of interest for pay pause has increased. The rate of interest has increased twice: from 1/300 of the key interest rate to 1/150 ...

When the wording of a construction-related guarantee is ambiguous, the intention of the parties involved is key in determining its true nature. This was highlighted in a recent Supreme Court of Appeal (“SCA”) judgment, which found that the best way to determine the parties’ intention was to look at all relevant facts ...

With more than 6-months of delay, the Government of the Republic of Serbia finally adopted the following package of decrees setting out the new incentive scheme for green energy:Decree on the Power Purchase Agreement, ("PPA Decree");Decree on incentive measures for the production of electric energy from renewable energy sources and from high-efficiency cogeneration of electric energy and thermal energy (" View More