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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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Clashes as Indian booze shops reopen

POLICE used batons to beat back thirsty Indians jostling to buy alcohol for the first time in 40 days as the government eased further the world’s biggest novel coronavirus lockdown. The government credits




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Iran to drop 4 zeroes from currency

IRAN’S parliament has passed a bill allowing the government to slash four zeros from the rial, Iranian state media reported yesterday, after a sharp fall in the value of the currency as a result of crippling




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Japan extends emergency amid fears of sudden spike

JAPAN’S Prime Minister Shinzo Abe yesterday extended a state of emergency over the coronavirus until the end of May, warning it was too soon to begin relaxing restrictions. Abe said a review of the situation




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Italians slowly venture out into the world again

Italians strolled in the park, grabbed take-out cappuccinos and paid their respects to the astonishing number of dead as the European epicenter of the coronavirus pandemic gingerly woke up from the continent’s




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Venezuela to try captured US duo after failed invasion

Venezuela will try two Americans captured during a failed bid by mercenaries to invade the country, President Nicolas Maduro said on Wednesday, as the United States vowed to “use every tool available”




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MiFID - FSA highlights implementation failures

In late 2008, the Financial Services Authority (FSA) reviewed how firms had implemented key aspects of the Markets in Financial Instruments Directive (MiFID). It has now published the results of that review. Generally the FSA has been encouraged by ...




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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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Business environmnet should become open and safe

Interview with Maris VainovskisBilances Juridiskie Padomi No.8 (14) August 2014Foreign capital is more and more active in acquisition of Latvian companies. Will there be any large local companies left in the future at all?There is such a tendency in...




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Morocco - New opportunities for investments of companies based in Morocco

Morocco - New opportunities for investments of companies based in Morocco By Jawad Fassi-Fehri In Morocco, measures aiming to make Casa Finance City (CFC) a financial continental platform are progressing. After the announcement by the African Develo...




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AIFMD update: ESMA updates AIFMD Q&As and delays opinion on the extension of the AIFMD passport to non-EU entities

Updated AIFMD Q&As The European Securities and Markets Authority (ESMA) has published an updated version of its Q&A paper on the application of the Alternative Investment Fund Managers Directive (AIFMD). This publication was released on...




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Show me the Money! - The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes

The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes In September 2019, the Securities and Futures Commission of Hong Kong (the “SFC”) issued a Consultation Paper (available here) setting out its proposa...




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2020 - The year to get licensed - A new start for PE firms and family offices

The Securities and Futures Commission of Hong Kong (“SFC”) issued two circulars on 7 January 2020 providing guidance on its approach to licensing private equity (“PE”) firms and family offices to carry out regulated activitie...




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Hedge funds and UK management vehicles: a cheat-sheet for first-time managers

  The path to establishing a UK management entity for an offshore fund branches off in all manner of directions. One of the first crossroads faced by the first-time manager is the choice of UK management vehicle. Their decision has significan...




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Lawbite: No modification of restrictive covenant

The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and others [2018] EWCA Civ 2679 The Court of Appeal has refused to allow a property developer to modify a set of restrictive covenants, reversing the decision of the Upper Trib...




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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: Successful submission that payment wasn’t required

Ramoyle Developments Limited v Scottish Borders Council [2019] CSOH 1 A local authority entered a contract to sell an area of land for regeneration.  Either party to the contract was entitled to withdraw from the sale if the purchasers failed t...




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Lawbite: When Final means final!

Cine-UK Limited v Union Square Developments Ltd [2019] CSOH 3 A landlord and tenant couldn’t agree revised rent due in terms of a rent review. An expert surveyor was appointed to determine the issue in accordance with the provisions of the lea...




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Lawbite: Re London Bridge Entertainment Partners LLP (in Administration) [2018] EWHC 3200 (Ch)

At the end of last year the High Court was asked to decide the proper meaning of a rent deposit deed relating to a deposit of over £2 million. The deposit allowed the landlord security for, amongst others, "any proper loss which the landlord m...




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Lawbite: Do fence me in!

Churston Golf Club Ltd v Richard Haddock [2019] EWCA Civ 544 The Court of Appeal has overturned both the High Court and earlier County Court decisions and found that a covenant to fence should not be treated as a fencing easement capable of binding ...




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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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Back to basics – requirements for contracts for sale of land

Alexander Kuznetsov v Camden London Borough Council [2019] EWHC 805 (Ch) In an application for relief from sanctions, the Claimant tenant, Kuznetsov, persuaded the High Court that it had a real prospect of establishing at trial that a letter between...




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Lawbite: Is Compensation in the Pipeline?

Ury Estate Limited v BP Exploration Operating Company Limited [2019] CSOH 36 A landowner raised a court action against BP seeking compensation for their inability to develop land due to a presence of an oil pipeline.  The proposed development w...




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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: When is it reasonable for a landlord to enter their tenant’s demise?

Windsor-Clive v Rees [2019] EWHC 1008 (Ch) In considering the scope of a landlord’s reserved right to enter premises let to their tenant “for all reasonable purposes”, the High Court has held that the right to do so must be...