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Shoosmiths LLP | November 2022

On the first day of Christmas, HR was asked, “Who should we invite to the Christmas party?”. And HR replied...everyone! When it comes to Christmas parties, although it is rare for employees who are absent, for example on sick leave or maternity or other family leave, to be deliberately excluded from the invite list, it is often the case that they are overlooked, particularly if they have been absent for some time ...

Shoosmiths LLP | November 2022

On the second day of Christmas, HR was asked “How do you keep control at the Christmas party?” And HR replied...by setting clear boundaries! Christmas parties are designed to be fun, but a few festive drinks can quickly get out of hand if not managed correctly. A sobering thought is that employers can be vicariously liable for the action of employees during work events such as Christmas parties. So, what steps should employers take? Risk assessments are a pre-party essential ...

Shearn Delamore & Co. | November 2022

Dear valued clients, colleagues and friends,   In the recent case of Lam Ah Company Sdn Bhd (“taxpayer”) v Director General of Customs and Excise, the taxpayer succeeded in its judicial review application challenging Customs’ refusal to give effect to the exemption under section 155 of the Goods and Services Tax Act 2014, which exempted, among others, taxable supplies of goods or services made within a “designated area” (i.e ...

Shearn Delamore & Co. | November 2022

Our partner, Wong Kian Jun, from the Employment and Administrative Law Practice Group reviews the Election Offences Act of 1954 and its implications today and discusses factors that should be considered and actions employers can take to ensure compliance in this Employment Law Alliance Employment Matters Vlog.   Click here to watch the vlog ...

Shearn Delamore & Co. | November 2022

Our Partner, Raymond Low, of the Employment and Administrative Law Practice Group,  moderated an Employment Law Alliance podcast titled “Mental Health in the Thai Workplace”.   In this podcast, Raymond and guest speaker Sophon Pathumratworakun from Price Sanond discussed current mental health issues in Thailand.   Click here to listen to the podcast ...

Shoosmiths LLP | November 2022

Recent announcements suggest the government has moved away from amending UK employment law via an all-encompassing Employment Bill. Instead, it is supporting changes proposed by backbench MPs through various Private Members’ Bills (PMBs).  The Queen’s Speech in December 2019 announced the government’s intention to bring about various employment law reforms, in particular those recommended in the Taylor Review and subsequent consultations, via an Employment Bill ...

Shoosmiths LLP | November 2022

On the third day of Christmas, HR was asked “How do you deal with the morning after the Christmas party?” And HR replied…carefully! There will no doubt be a few sore heads following a work organised Christmas Party and it will be that bit more tempting for employees to switch off the early morning alarm and go back to sleep! But what should employers do if an employee turns up late for work or doesn’t turn up at all? If the employment contract allows for it, an emplo

Shoosmiths LLP | December 2022

On the fourth day of Christmas, HR were asked, when do you say “no more” to the Christmas decorations? And HR said to me...a giant light up turkey is just too much for the Christmas tree! It is a common misconception that Christmas decorations should be banned for breaching health and safety rules ...

There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.” However, what is not so funny for federal contractors and former executive branch employees is when the application process for — or the performance of work at — the new job runs afoul of ethics laws and regulations. For example, Oracle America Inc ...

Shoosmiths LLP | December 2022

On the fifth day of Christmas, HR announced with fear... We’re stopping the Christmas bonus for everyone this year! Employers and individuals alike are feeling the impact of increased costs this winter, and it may well be that some employers will seek to save costs by not paying a bonus to employees this Christmas. But is it lawful to simply decide not to pay a Christmas bonus one year? The answer lies in the employment contract ...

Shoosmiths LLP | December 2022

On the sixth day of Christmas, HR was asked “What's Sarah’s home address? I want to send her a Christmas present, and I don't want to guess!” And HR replied… ...

Hanson Bridgett LLP | December 2022

Key points: Limited duration for post-retirement employment will mean up to 24 consecutive months, with potential extensions up to 48 consecutive months, or longer with CalPERS' approval. The 24-month rule will also apply to time served by active employees appointed to upgraded positions or classifications for purposes of reporting "temporary upgrade pay" to CalPERS ...

Schwabe, Williamson & Wyatt | December 2022

In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to prioritize those issues the past few years, and may not have had much, if any, time and resources available to devote to other non-pandemic-related employment law changes ...

Shoosmiths LLP | December 2022

On the 7th day of Christmas HR was asked…”Can we run a Secret Santa? It’s going to be a blast!” And HR replied…. OK but please don’t make anyone gasp!! The tradition of Secret Santa in workplaces is one of morale-boosting Christmas cheer in which colleagues anonymously exchange presents, encouraging team-building and forging friendships ...

Shoosmiths LLP | December 2022

On the eighth day of Christmas, HR heard someone say, “do we have to let seasonal workers have a holiday?” And HR replied...Yes! It is a common misconception that, because seasonal workers are hired specifically to provide additional cover during the busy festive period, employers do not have to give them any time off over Christmas. However, this is not true and seasonal staff have the same right to annual leave as any other worker ...

Buchalter | December 2022

December 6, 2022 By: Alexander Davis and Manuel Fishman In March 2020, the voters of San Francisco approved Proposition D, also known as the Commercial Vacancy Tax. The ordinance applies to ground floor, street-facing, commercial properties within any of the 32 districts listed in Section 201 of the Planning Code (which the regulation defines as “Taxable Commercial Space”) ...

Shoosmiths LLP | December 2022

The Supreme Court will decide if historic holiday pay claims can be brought where there are gaps of three months or more between a series of underpayments. The outcome could have significant implications for employers across the UK ...

Shoosmiths LLP | December 2022

On the ninth day of Christmas, HR was asked with fear, “Do we have to say yes to all holiday requests during this festive time of year?” And HR replied….No! A common problem around the festive period is that many employees want to take the same days as annual leave so that they can enjoy time off with their loved ones ...

Shoosmiths LLP | December 2022

With an estimated 3.5 million people suffering from fertility issues in the UK, and with fertility treatment involving an emotionally draining not to mention a long, costly and risky process, it is unsurprising that Nickie Aiken MP has begun a campaign for change and better employment rights for individuals and couples undergoing fertility treatment ...

Shoosmiths LLP | December 2022

On 23 September 2021, the government published a consultation paper on ‘making flexible working the default’. The response to this consultation has now been published (on 5 December 2022). Overall, the responses to the consultation were broadly in favour of the proposed change ...

Shoosmiths LLP | December 2022

On the tenth day of Christmas, HR were again dismayed… ”Can we make everyone work the Christmas bank holidays? In response to this question most employers will be able to turn to the contract of employment to find the answer.  The contract will typically state whether or not the annual leave allowance is in addition to the usual statutory bank holidays ...

Lavery Lawyers | December 2022

After two years of navigating COVID-19, the end of 2022 will be an opportunity for employers to organise larger activities for their employees, such as Christmas parties. The purpose of this newsletter is to make employers aware of their obligations during the holiday season festivities. Below, we will address the following three issues: industrial accidents, disciplinary measures and psychological harassment ...

Krogerus | December 2022

The EU revenue cap which limits certain electricity generators' revenues has raised many questions within the energy sector. In Finland, the revenue cap will likely be implemented in the form of a temporary windfall tax which would apply to profits made in 2023. Our energy team's associate Nelli Rönkkö has summarised the key points regarding the implementation of the EU revenue cap in Finland ...

Carey Olsen | December 2022

What is ATAD III? In December 2021, the European Commission (“EC”) published its proposed Anti-Tax Avoidance Directive (known as “ATAD III”). ATAD III is intended to discourage the misuse of shell companies within the European Union (“EU”). The Directive is aimed at EU-resident entities which claim benefits under double taxation treaties and other EU Directives, but which lack a minimum level of economic substance ...

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