Working time’ for National Minimum Wage (NMW) purposes can cause a real headache for employers and the case law in this area continues to develop as (travel) time moves on. The National Minimum Wage Regulations 2015 (SI 2015/621) (NMW Regulations 2015) define various types of ‘work’ which includes ‘time work’ ...
Data subject access requests can be a compliance headache for businesses. The first of our series on DSARs looked at how data protection “by design” can make the job easier. But what about deciding whether or not to resist a DSAR when it actually lands? Dealing with data subject rights requests, or DSARs, is one of the biggest compliance headaches for many businesses ...
On the 7 October 2024, the Financial Conduct Authority (‘FCA’) published a ‘Dear CEO letter’ to Payment Service Providers (‘PSPs’) impacted by the mandatory reimbursement requirements for victims of authorised push payment fraud (‘APP’) ...
The Employment Rights Bill 2024 promises to bring substantial change to employment law across Great Britain, designed to enhance worker protections and promote fair employment practices. We consider the key changes and their implications for employers. Key changes Day-one rights for unfair dismissal One of the most significant changes is the introduction of day-one rights for unfair dismissal ...
SyCipLaw's Tax Department has prepared Tax Issues and Practical Solutions (T.I.P.S.) for August which covers the following tax issues: 1. What are the options of the taxpayer in case of overpayment of creditable withholding tax ("CWT")? Are these options irrevocable? 2. Does the irrevocability rule under Section 76 of the Tax Code apply to a corporation even if it is already in the process of dissolution? 3 ...
In our eighth article in the series focusing on the risk of discrimination in the workplace, we consider the protected characteristic of disability, the common issues that arise and what employers can do to avoid discrimination claims. What is disability discrimination? Disability discrimination occurs where a job applicant or employee is treated less favourably because of their disability ...
Tine Renate Granlund has core expertise in real estate, construction law, and dispute resolution/litigation. She assists contractors at all stages of property development projects – from problem-solving in the early phase, drafting contracts, and handling challenges along the way to disputes that may arise subsequently ...
Non-compete agreements can be an effective method for protecting confidential and proprietary business information. However, over the past several years, it seems that non-compete agreements have been falling out of favor ...
October 9, 2024 By: Kathryn Fox and Michelle Lopez On September 30, 2024, Governor Gavin Newsom signed SB 988 into law. The new state law, known as the Freelance Worker Protection Act (“FWPA”), goes into effect on January 1, 2025. The FWPA provides various protections to freelance workers and imposes minimum requirements on any contracts entered into or renewed on or after January 1, 2025 between freelance workers and hiring parties ...
October 7, 2024 By: Alexandra Shulman and Leah Lively AI in hiring: About 80% of U.S. and almost all Fortune 500 companies use AI-powered hiring software. AI may be used to target online advertising for job opportunities and to match candidates to jobs on employment platforms (e.g., LinkedIn, Indeed). AI may also be used to reject or rank applicants using automated resume screening and chatbots based on knockout questions, keyword requirements, or specific qualifications or characteristics ...
Under 35 U.S.C. § 101, patent claims may be challenged if they are found to be directed to patent ineligible subject matter, such as laws of nature, natural phenomena, products of nature or abstract ideas. On September 9, 2024, in Contour IP Holding LLC v. GoPro, Inc., the United States Court of Appeals for the Federal Circuit provided additional clarity with respect to the application of § 101 ...
While in power, the Nazis ruthlessly engineered the theft of hundreds of thousands of artworks and other cultural property from their victims.[1] During and after World War II, a significant number of these pieces made their way to museums, galleries and private collections in the U.S. This led to civil litigation in U.S. courts when the Nazis' victims and their heirs sought the restitution of these artworks ...
Administration of Bermuda's Corporate Income Tax In August 2024, Bermuda’s Ministry of Finance published a public consultation paper setting out certain proposed compliance obligations for Bermuda corporate taxpayers including certain anticipated procedural requirements with respect to registration, tax return filings, and payment of taxes ...
Establishment of Bermuda’s Corporate Income Tax Agency Following the enactment of Bermuda’s Corporate Income Tax Act (the “CIT Act”) in December 2023, in July 2024, the Government of Bermuda passed the Corporate Income Tax Agency Act (the “Agency Act”) which, among other things, (i) establishes the Bermuda Corporate Income Tax Agency (the “Agency”); (ii) sets out the functions and powers of the Agency with respect to administration of the CIT Ac
In this issue, we present an overview of arbitration as a dispute resolution mechanism. This edition also includes some key takeaways from a recent debate in Stockholm on the relevance of Section 36 of the Contracts Act in commercial disputes. Additionally, we provide an update on the proceedings before the Court of Appeal concerning the temporary injunction granted by the Oslo District Court in the Norwegian climate case ...
SyCipLaw Senior Partner and Head of Litigation Department Ricardo P.G. Ongkiko, Partners John Christian Joy A. Regalado, and Ma. Patricia B. Paz-Jacoba have authored the Philippine chapter in the newly released Chambers International Arbitration 2024 Global Practice Guide (GPG) ...
Taxation of Guernsey Funds Guernsey does not levy any form of capital gains tax, inheritance tax or value added tax. No stamp or document duty, or transfer tax, is payable in respect of companies, unit trusts or limited partnerships that are collective investment schemes. The income tax position for fund vehicles is detailed below. Companies A company incorporated in Guernsey or centrally managed and controlled in Guernsey is treated as tax resident in Guernsey in any year of charge ...
On September 15, 2023, the DOLE issued Labor Advisory No. 20, Series of 2023, providing new guidelines on the implementation of a Cancer Control and Prevention Policy and Program in the Workplace. Under the Labor Advisory, employers and their employees are required to adopt such program, which shall include the following areas: 1. promotion of a safe and healthy lifestyle, including the mental and social well-being of employees; 2 ...
HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to manage conflicting protected beliefs ...
SyCipLaw's Tax Department has prepared Tax Issues and Practical Solutions (T.I.P.S.) for July which covers the following tax issues: 1. Is a taxpayer always required to make the "payment under protest" under Section 252 of the Local Government Code of 1991, as amended, to assail real property taxes? 2. May services rendered to foreign entities outsourcing manpower recruitment in the Philippines qualify for a zero percent rate of value-added tax ("VAT")? 3 ...
On 9 September 2024, Mario Draghi, former Italian Prime Minister and European Central Bank President, presented his highly anticipated report on «The Future of European Competitiveness» to European Commission President Ursula von der Leyen [1][2]. This comprehensive report analyzes the challenges faced by European industries and companies in the Single Market and proposes strategies to enhance the EU’s competitiveness [2] ...
Chambers and Partners recently published its Enforcement of Judgments Global Practice Guide 2024. The Philippine chapter was authored by SyCipLaw partners Ramon G. Songco, Anthony W. Dee, Ricardo Ma. P.G. Ongkiko, head of the Firm's Litigation department, and Russel L. Rodriguez ...
Chambers and Partners recently published its Corporate Immigration Global Practice Guide 2024. SyCipLaw senior partner and Employment and Immigration department head Leslie C. Dy and partner Rodelle B. Bolante authored this year’s Philippine chapter ...
Force majeure remains a hot topic when it comes to contracts. Following the pandemic, Suez Canal blockage and international sanctions, parties to contracts have been looking at how to possibly recover their losses or minimise the effects of delays. One question that had arisen was whether contracting parties could be forced to find a way around the issues by being commercially minded, particularly where they had an obligation to use reasonable endeavours to overcome the force majeure event ...
The UK Cabinet Office has just announced, in a brief statement that the date for the Procurement Act 2023 to enter into force has been postponed. At less than 2 months from the planned “go live” date which was slated for 28 October 2024, in a surprise announcement, the new Government has decided to push this back. The reasoning for the decision stems directly from the change in administration following this year’s General Election ...
