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Global employment briefing: Hong Kong, October 2015

Working hours in Hong Kong Some employers are surprised to learn that (save for rules regarding children, young persons in industrial undertakings, statutory holidays and rest days) there is no regulatory framework restricting or monitoring standard...




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Global employment briefing: China, October 2015

A digital age of evidence in employment disputes In China, when an employer wishes to terminate an employee’s employment, the burden of proof falls on the employer to show that the statutory grounds for justifying the termination have been met...




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Global employment briefing: Italy, December 2015

Reform of section 2103 of the Italian civil code, concerning modification of work duties Section. 3 of law decree no. 81 of 2015 significantly amended section 2103 of Italian civil code. In its original form the rule set out that “an employee ...




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Global employment briefing: Netherlands, February 2016

Working after pensionable age – new legislation takes effect Over the coming years the Dutch pensionable age (currently 65) is set to increase gradually, in order to offset the costs associated with an ageing population. By 2021 the pension ag...




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Global employment briefing: Poland - February 2016

Changes to fixed term (definite term) employment contracts On 22 February 2016, an amendment to the Labour Code on definite period employment contracts will come into force. This amendment will introduce new rules allowing an employer to conclude no...




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Global employment briefing: Spain - February 2016

Court extends flexible working rights under the Spanish Constitution?In a recent case involving a request for flexible working, the court found in favor of the employee by granting his request for a flexible starting time, relying on Article 39 of t...




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Global employment briefing: Czech Republic, February 2016

Amendment to the Labour Code and the Employment Act On 1 October 2015, amendments to the Czech Labour Code and the Employment Act came into effect and brought about substantial changes to Czech labour law, affecting most employers in the Czech Repub...




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Global employment briefing: Switzerland - February 2016

Swiss working time regulations simplified for higher ranked employees On 1 January 2016, new articles 73a and 73b of the Swiss Ordinance relating to the Labour Law Act (OLLA1) entered into force. Reflecting the reality of today’s work life, th...




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Global employment briefing: United Kingdom - February 2016

Major new anti-slavery law affecting global organisations doing business in the UK in force The Modern Slavery Act 2015 requires commercial organisations with a turnover of £36 million and above and supplying goods or services to publicly repo...




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Global employment briefing: European Union - February 2016

Important EU data protection changes are a step nearerAfter years in the offing, the EU Parliament, Council and Commission representatives have reached political agreement on the drafting of the new EU data protection framework. Although minor modif...




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Global employment briefing: United Arab Emirates - February 2016

UAE employers be aware - new UAE employment requirementsThree new Ministerial Decrees came into effect on 1 January 2016. These Decrees, issued by the Ministry of Labour (“MOL”), impact upon the way job offers are made and have implicati...




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Global employment briefing: Saudi Arabia - February 2016

Ministry of Labour makes numerous labour law changes The Ministry of Labour made a number of changes to labour law with effect from 18 October 2015. Amongst other things, the amendments cover disciplinary procedures, training, Saudization privileges...




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Global employment briefing: Singapore - February 2016

New requirement to issue itemised payslips and key employment terms With effect from 1 April 2016, all Singapore employers will be required to issue itemised payslips and key employment terms to employees covered under the Singapore Employment Act. ...




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Global employment briefing: Germany - February 2016

Latest developments in temporary employment (agency or leased workers) In Germany, the provision of temporary personnel is strictly regulated by the German Law on Labour Leasing Act (AÜG). The principle is straightforward: the agency is the emp...




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Global employment briefing: Ireland, February 2016

2016 – A new year and a new employment claims system in Ireland 2015 brought a number of changes to the Irish employment law landscape. The most significant change was the introduction of the Workplace Relations Act 2015 (the “Act”...




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Global employment briefing: Sweden, February 2016

Increase in parental leave days Swedish parents are entitled to 480 days of paid parental leave when a child is born or adopted. In principle, each parent is entitled to 240 days’ leave, some of which is available exclusively for that parent&...




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Global employment briefing: Tunisia - February 2016

Private sector wage increasesAn increase of 6% has been agreed for private sector pay, following a negotiation between the UGTT and UTICA. This agreement provides for an increase of 6% on basic salary, plus an increase in the transport allowance by ...




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Global employment briefing: Austria - February 2016

A number of employment law changes have taken effect at the start of 2016… Increased fines for unfulfilled employment quotas Employers with more than 25 employees must employ at least one employee with a disability for every 25 employees in t...




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Global employment briefing: Estonia - February 2016

Supreme Court rulings on fixed term and overtime work In its recent rulings, the Supreme Court of Estonia has clarified appropriate compensation for the early termination of a fixed term employment contract and also how to determine overtime work wh...




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Global employment briefing: South Africa, February 2016

Prescription (the lapse of arbitration awards) in employment  There have been a number of conflicting judgments dealing with the prescription of arbitration awards and how the term “debt” should be defined in the employment arena. ...




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Global employment briefing: Finland - February 2016

New legislation on occupational accidents and diseasesThe Act on occupational accidents and occupational diseases (459/2015) came into force on 1 January 2016. By combining the earlier three Acts on occupational accidents and diseases into one, the ...




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Global employment briefing: France - February 2016

Compulsory provision of health insurance by employers in FranceThe safeguarding of employees’ wellbeing is a key focus of French employment legislation. From biannual consultations with employees to evaluate the psychological impacts of their ...




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Global employment briefing: Hong Kong - February 2016

More flexibility for group companies to enforce proprietary rights and restrictions against employees? The Contracts (Rights of Third Parties) Ordinance (Cap. 623) (the “Ordinance”) came into force in Hong Kong on 1 January 2016. The Ord...




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Compulsory reinstatement and re-engagement is on the horizon

On 12 February 2016, the Government gazetted the Employment (Amendment) Bill 2016 (the “Bill”). The Bill will be introduced into the Legislative Council for first and second readings on 2 March 2016 but it is not clear when it may come i...




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Pandemic fuels resurgence in cycling

Halfway through his 30-minute bike ride to work, police ordered Juan Pasamar to dismount, accusing him of breaking Spain’s coronavirus lockdown rules by exercising in public.




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Tracking apps useful tool, but raise privacy fears

As governments around the world consider how to monitor novel coronavirus outbreaks while reopening their societies, many are starting to bet on smartphone apps to help stem the pandemic.




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In a time of lockdown, street art is taking on a new shape

Londoners locked out of galleries can find an alternative art fix on a wall under some railway arches after street artist Lionel Stanhope painted a Caravaggio classic, updated for the novel coronavirus




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Millions more out of work in US as productivity levels plunge

Millions more Americans sought unemployment benefits last week, suggesting layoffs broadened from consumer-facing industries to other segments of the economy and could remain elevated even as many parts




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Commission proposal paving the way for UCITS IV

 16 July 2008  

Full Article



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Financial Institutions e-briefing: AIFMD update

FSA survey on AIFMD – aiming to provide support to AIFMs On 11 March 2013, the Financial Services Authority (“FSA”) published new web-pages on the Alternative Investment Fund Managers Directive (“AIFMD”), including an o...




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Financial Institutions E-briefing: AIFMD update: FSA and the Treasury publish further consultations on implementation of AIFMD

On 19 March, the Financial Services Authority published its much anticipated second consultation on AIFMD: “Implementation of the Alternative Investment Fund Managers Directive” – CP 13/9. The FSA paper came hot on the heels of HM ...




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Financial Institutions E-briefing: Asset Management Update: Taxation of rebates of trail commission on investment products

On 25 March, HMRC published a briefing on the tax treatment of payments of trail commission which is rebated to investors in collective investment schemes and other investment products such as life insurance policies. The briefing relates to any reb...




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Financial Institutions E-briefing: Asset Management Update: Taxation of rebates of trail commission on investment products - update

In our previous briefing we reported on HMRC’s recent briefing on the tax treatment of payments of trail commission rebated to...




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Changes to the ISA Regulations

Changes to The Child Trust Fund Regulations and ISA Regulations have been proposed. Both sets of amended regulations, which are currently in draft form, are expected to be finalised later this month and come into force on 6 April 2015. The changes ...




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AIFMD update: CSSF provides clarification on marketing and reverse solicitation

The Luxembourg regulator, the Commission de Surveillance du Secteur Financier (CSSF) has provided guidance on the meaning of marketing and reverse solicitation under AIFMD. This guidance is to be welcomed, as there is no European-wide guidance on th...




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New EU laws for marketing AIFs and UCITS: One step forward, one step back?

On 12 March 2018, the European Commission (the “Commission”) published legislative proposals for new rules on marketing AIFs and UCITS comprising: a Directive on the cross-border distribution of collective investment funds (COM(2018) 92...




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Lawbite: Less is not more when it comes to Qualifying Long Term Agreements

Bracken Hill Court at Ackworth Management Company Ltd v Dobson [2018] UKUT 333 (LC) The Upper Tribunal (Lands Chamber) has upheld an appeal from a management company and determined that contracts of less than 12 months are not Qualifying Long T...




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Lawbite:Language, context and background knowledge should not to be disregarded

Ashtead Plant Hire Company Limited v Granton Central Developments Limited [2019] CSOH 7 This case involves a landlord and tenant dispute over the proper construction of the rent review provisions in a lease of commercial premises.  The parties ...




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Lawbite: From Paving to Possession to Proprietor

Shirley Ann Thorpe v (1) Harald Nobert Frank (2) Lesley Frank [2019] EWCA Civ 150 The Court of Appeal has recently found that by paving an area an individual had done enough to establish that she had acquired the land by adverse possession. The Clai...




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Lawbite: Ready, willing and able?

Robert James Oakley, Carolyn Oakley, Jonathan Mark Page, Union Pension Trustees Limited, Morgan Lloyd Trustees Limited v Harper McKay Developments Limited [2018] EWHC 3405 (Ch) The Court recently had to consider whether claimant sellers were entitle...




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Lawbite - Reasonable prospect of development taking off at airfield

Warwickshire Aviation Ltd & 6 Ors v Littler Investments Ltd [2019] EWHC 633 Tenants of an airfield recently failed in their appeal to the High Court to show that their landlord wasn’t able to oppose new leases being granted to them pursuan...




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Lawbite: Forming an oral agreement

Wells v Devani [2019] UKSC 4 Earlier this year the Supreme Court unanimously decided that the claimant, Devani, an estate agent and the defendant, Wells, a property developer had entered into a binding oral contract. The parties were introduced by a...




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Repairing covenants - does aesthetic appearance matter?

Blue Manchester LTD v North West Ground Rents LTD [2019] EWHC 142 (TCC) The High Court confirmed earlier this year that landlords must consider aesthetic appearance when assessing repairs as they may be obliged to reinstate original design features....




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Lawbite Oral agreement did not extinguish right of way

Pezaro & Anor v Bourne & Anor [2019] EWHC 1964 (Ch) The High Court has held that a right of way was not extinguished where a landowner had relied on an oral agreement made with the previous owner of the land which benefited from the right of...




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The Humble Coronation of King Jesus (Matthew 21:1-11)

Now I thought it might be helpful for us through this Passion Week, which is today and often called Palm Sunday - and then Good Frida

 




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Taking Sin Seriously at the Lord’s Table (James 1:13–17)

If you’re going to come to the Lord’s Table you’re going to have to take it seriously. You cannot deal with the Lord’s Table superfic

 




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Finding Security in This Troubled World (1 Peter 3:13–17)

Now this is a special day because it is Mother’s Day. I’ve never understood that because every day is Mother’s Day, so why...you know, limi

 




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Lawbite: Breaking bad

Sackville UK Property Select II (GP) No 1 Ltd & Sackville UK Property Select II Nominee (1) Ltd v Robertson Taylor Insurance Broker Ltd and (2) Integro Insurance Brokers Ltd [2018] EWHC 122 (Ch) Serving break notices to end leases can be a risky...




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Lawbite: Assessing the nature of the tenancy!

(1) Stephen Charles Smyth-Tyrrell (2) Beaujolois Katherine Smyth-Tyrrell –v- William Robert Bowden (2018) Recovery of possession of land by a landlord against his tenant is not always an easy business.  In this particular case, the tenant...




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Lawbite: Jumping through all the sub-letting hoops

Warborough Investments Limited v Lunar Office SARL [2018] EWCA Civ 427 The Court of Appeal has held that, contrary to the decision at first instance, the sub-clauses of a lease setting out the terms for permitting underletting should be read cumula...