Two recent Labour Court decisions have highlighted the duty of trade unions and their officials to act to prevent unprotected strikes and unlawful actions during the course of a strike. These add to the growing list of decisions in which the court has indicated that it will hold unions accountable for unlawful acts by their members ...
Union budget 2022-2023 Expectations Overview The economy of the resurgent India is expecting a road map with the upcoming Union Budget 2022-23. The Budget speech is likely to pen down new reforms and policies that helps the economy to maintain a sustained growth rate. Accomplishing this shall rather be dependent on the ability and the capacity to locate additional revenue sources by striking a balancing of the expenses ...
Federal Labor Court (Bundesarbeitsgericht; BAG) dated January 23, 2019 – 7 AZR 733/16 The unfounded limitation of the term of an employment contract, when an employee is employed again by the same employer, is only permissible when and if the application of the prohibition of unfounded fixed-term employment under Sec. 14(2) s. 2 Part-Time and Fixed-Term Employment Law (Teilzeit- und Befristungsgesetz; TzBfG) would be unreasonable for the parties ...
International companies can now breathe a sigh of relief following the Court of Appeal’s decision in Serco – v- Lawson which considered the vexed issue of whether Employment Tribunals can hear claims of unfair dismissal notwithstanding the fact that the employee might not work in Great Britain. Section 196 of the Employment Rights Act 1996 used to prevent employees ordinarily working outside Great Britain from complaining of unfair dismissal to an Employment Tribunal ...
Nicaragua currently has an exclusive legislation in Intellectual Property, Law num. 380 "Trademarks and other Distinctive signs Law" and its Bylaw (Published in Daily Official Gazette, num. 70 on April 16, 2001; and num. 183 on September 27, 2001). This regulation has been sustained and fortified by the establishment of the necessary mechanisms for the effective protection of the acquired rights, complemented with treaties and international conventions ...
If you have checked your licences overnight you may have seen the unexpected news from UK Visas and Immigration. They have published a notification on the landing page of the Sponsor Management System (on 24 January 2024) informing sponsors that they are removing the requirement to renew a sponsor licence. This impacts sponsors whose licence was due to expire on or after 6 April 2024. Those whose licence expires before this date will need to renew as usual ...
The right to be accompanied by a colleague or trade union official at disciplinary and grievance hearings is likely to be a familiar concept to employers. Here we discuss the nuances of that right and what could happen if there is a breach. What are the worker’s rights? The statutory right to be accompanied is set out in the Employment Relations Act 1999. The right is not limited to employees and applies irrespective of length of service ...
On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) went into effect. This new law requires covered employers to provide “reasonable accommodations” for the known limitations of a worker relating to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer “undue hardship ...
Understanding the Employer's Entitlement to Liquidated Damages When there is Sectional Completion - ǼLEX Legal .avada-select-parent .select-arrow{background-color:#ffffff}.select-arrow{background-color:#ffffff} It is common for parties in commercial construction projects to include sectional completion provisions in their contracts where they have agreed to complete works in sections or phases ...
Many employers have been considering workforce changes to address the economic downturn and cash flow issues caused by COVID-19. Yesterday's announcement by the Federal Government about wage subsidies (known as 'JobKeeper Payments') has been welcomed by employers and unions, and should be closely considered by employers before implementing any changes. It has been reported that 8,000 businesses lodged an application for the subsidy in the 50 minutes that followed the announcement ...
During these unprecedented times, developers all over the world are actively looking for solutions to deal with underperforming real estate. For developers in the United Arab Emirates (UAE), real estate investment funds (otherwise known as REITs) may offer a solution to the problem. A REIT is a public or private investment fund which is established to invest a certain percentage (as stipulated by law) of its assets in real estate ...
On 30 March 2020, the Ukrainian Parliament adopted the Law "On Amendments to Certain Legislative Acts Aimed to Ensure Additional Social and Economic Guarantees Due to the Coronavirus Disease (COVID-2019) Spread" (the Law), which introduces to the Ukrainian legislative environment new complex rules aimed at minimizing the negative impact of the spread of the COVID-19 in Ukraine. The below summary focuses on key changes introduced by the Law ...
The UK's recent advancements in AI governance have included the publication of an initial review by the UK's Competition and Markets Authority (CMA) regarding AI foundation models. The country’s antitrust watchdog has taken the lead in shaping certain principles, recognising the need to harness AI’s potential while avoiding the pitfalls of unchecked power in the hands of a few tech companies, at the expense of broader competition ...
In its most important constitutional judgment ever, the UK Supreme Court has this morning confirmed that the UK Parliament in Westminster, rather than the British Government, must decide on the UK’s withdrawal from the European Union (EU). The Court has in this respect upheld the decision of the High Court as reported in our “Brexit Update ...
From today, 29 July 2013, the following provisions will come into force under the Enterprise and Regulatory Reform Act: • Renaming of compromise agreements as "settlement agreements". This change will be accompanied by new rules on pre-termination negotiations, which are to be finalised later this year ...
A report published on 25 January 2024 by the Competition and Markets Authority (CMA) reaches the conclusion that contrary to the situation in the USA, aggregate employer market power has not increased in the UK in recent decades. Economic theory identifies that where employer market power is high (typically because in an area there are only a few major employers and limited other choices for workers), the workers are paid less, employers employ fewer workers and production output is lower ...
The Unemployment Insurance Fund (“UIF”) has shed some light on what will happen to existing and outstanding COVID-19 Temporary Employer-Employee Relief Scheme (“TERS”) applications and payments, particularly over the festive season. We discuss the must-knows for employers below ...
Uganda has enacted the Investment Code Act, 2019 (the “Code”). The previous Code was enacted in 1991 and was long overdue for amendment given the changes in approach to attracting investment and the glaring weaknesses in the old Code. The new Code strengthens the Uganda Investment Authority (the “Authority”), establishing it as a one-stop investment centre, and also provides for the financing and auditing of the Authority ...
The fate of Assembly Bill 5 (AB 5) may be headed to the voters. Uber, Lyft, and DoorDash have unveiled the Protect App-Based Drivers and Services Act, a $90 million ballot initiative targeting AB 5. AB 5, signed by Governor Newsom on September 18, 2019, is expansive legislation that has potentially significant impact on California employers. AB 5 broadly adopts a new test for determining whether a worker is an independent contractor or an employee, with far-reaching implications ...
The UAE Cabinet recently approved a scheme for the establishment of savings and investment funds for employees primarily in the private sector (including free zones). This scheme is an alternative to the current system of payment of end-of-service benefits (gratuity) to an employee at the end of his employment. Participation in the scheme will be optional for employers. Under this scheme, the participating employer will be required to make a monthly contribution to the selected fund ...
In September 2022, the UAE introduced an insurance scheme pursuant to Federal Decree No. 13 of 2022 concerning unemployment insurance. This law was followed by Cabinet Decision No. 97 of 2022 concerning the mechanisms and controls for implementing the unemployment insurance scheme, and Ministerial Resolution No. 604 of 2022 concerning the unemployment insurance scheme (together with the Federal Decree, theUnemployment Insurance Law) ...
As reported earlier, the new Labour Law of the UAE provides that many of the detailed rules on its implementation will be governed by Implementing Regulations. The first set of Implementing Regulations has been promulgated as Cabinet Resolution No. 1 of 2022. This measure took effect on 2 February 2022, the same effective date as the new Labour Law ...
On 24 August 2020, the UAE issued Cabinet Resolution 58 of 2020 on Regulating the Procedures of the Real Beneficiary (the Resolution). The Resolution, amongst other things, aims to establish a legal framework for identifying and recording details of real beneficiaries of entities licensed to conduct business in the UAE. The Resolution is an additional step towards the UAE’s efforts in combating money laundering, the financing of terrorism and illegal organisations ...
