The purpose of section 197 of South Africa’s Labour Relations Act, 1995 (“LRA”) is to protect and maintain employment in circumstances where a transfer of business takes place. In terms of section 197 and section 197B(1)(b), a “transfer” means the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern ...
Recent controversy arose after Gary Lineker criticised the Government’s immigration policy on Twitter causing the BBC to announce that he would step back from hosting Match of the Day until a clear position on his use of social media could be agreed. The decision saw presenters and pundits boycotting BBC football programmes in solidarity and in support of freedom of speech, plunging the BBC’s sport service into chaos ...
In late December of 2022, President Joe Biden signed into law the Consolidated Appropriations Act, 2023 (“the Act”). The Act contains a new privacy law called the Providing Urgent Maternal Protections for Nursing Mothers Act, known as the PUMP Act ...
In a decision that will significantly impact Ohio employers, the Tenth District Court of Appeals has ruled that workers’ compensation claimants are entitled to temporary total disability benefits even if terminated for cause. In State ex rel. Autozone Stores, Inc. v. Industrial Commission, 2023-Ohio-633, the Tenth District issued Ohio’s first appellate review of R.C. 4123.56(F), which went into effect in 2020. R.C. 4123 ...
Following on from the recent announcements regarding the India Young Professionals Scheme (India Young Professionals Scheme visa (shoosmiths.co.uk), the Home Office released (rather unexpectedly) changes to the immigration rules from 9 March 2023 ...
More and more employers are introducing paid fertility leave and a fertility leave policy to their workforce. For employers considering doing something similar, we explain the requirements for fertility leave and points to ponder when preparing a policy. Are employers required to provide time off for fertility treatment? There is no statutory right to provide staff with time off (paid or otherwise) for fertility or related treatment ...
The UK Budget announcement on 15 March 2023 is foreseen to include the creation of 12 low tax zones. It is understood these will work in tandem with the 10 freeports the creation of which has already been announced (further free ports are foreseen to be created). Low tax zones and free ports are examples of special economic zones (SEZ). A business that establishes in a SEZ receives benefits, such as lower taxes, subsidies, government resources, pre-built relevant infrastructure et al ...
Watch the webinar video and study the key takeaway points from our latest seminar focused on organisational design programmes. Our 2023 webinar programme is focused on supporting HR teams to improve the effectiveness and productivity of the organisations they work for, equipping them to best handle key issues and improve their business through reducing their risk, developing their talent and future proofing their organisation #HRImprove ...
Dear Readers, ALRUD Regulatory practice has prepared a new version of our regulatory Guides. This Guide is devoted to an overview of key changes and trends that took place in 2022. The review was published with the participation of ALRUD experts - Maxim Alekseev, Senior Partner and Head of ALRUD Regulatory practice,Dina Kravchenko, Senior Associate, andBoris Pribylov, Senior Associate. Follow the link below to learn more ...
With the cost of living continually rising, more and more workers are looking at how they can generate extra income. It appears that Gen Z (those born from 1997 onwards) workers are one of the majority generations pursuing a side hustle alongside their full time job. But is the extra work being carried out by these workers due to necessity? Commentary suggests that young workers want a fulfilling career and they do not feel like they are able to achieve that with just one job ...
Today (1 March 2023) is Zero Discrimination Day. The aim of the day is to promote equality and end all forms of discrimination. The day should serve as a reminder to employers on how they can identify, prevent and tackle discrimination. It is true that change within an organisation starts from the top and employers should be keen to build a culture of trust where employees feel comfortable raising concerns ...
In the second of our HR Improve articles we consider the importance of effective workforce planning and the options available to employers to help meet the current challenges in recruitment and building a workforce with the right skills for the future. Effective workforce planning enables employers to align their staffing requirements with their strategic direction for the business. In other words, it involves planning ahead to make sure you have the right people in place when you need them ...
Green tech presents a growth area and one in which the UK could flourish, but to do so requires capital investment and a clear strategy alongside developing the necessary skillset of the UK workforce. So how realistic is this in the current climate? Experience to date would suggest that the UK is lagging behind other countries in this sector and that unless more is done, we will miss out on the opportunity green tech offers ...
The Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), enacted by Congress in late December 2022, provides more nursing mothers with reasonable break time to express breast milk after childbirth and requires employers to designate private locations (other than bathrooms) that are free from intrusion and shielded from view for this purpose ...
On Tuesday, February 21, 2023, the three-member Democratic majority of the National Labor Relations Board (“NLRB”) issued a decision in McLauren Macomb, reverting back to pre-Trump era standards and ruling that non-disparagement and confidentiality provisions in a separation agreement violated the concerted right activity provisions of Section 7 of the National Labor Relations Act (“NLRA”). Section 7 of the NLRA applies to most U.S ...
On February 22, 2023, the United States Supreme Court affirmed the importance of long-standing U.S. Department of Labor salary pay regulations. In Helix Energy Solutions Group Inc. et al. v. Michael J. Hewitt, (Case No. 21-984), the Court, in a 6-2-1 opinion, held that high-earning professionals can only be overtime-exempt if they are paid on salary basis. The case involved Michael Hewitt, a former offshore oil rig worker for Helix Energy Solutions Group Inc ...
Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected construction workplaces more than any other industry, and OSHA’s focus on construction employers is expected to continue this year ...
Introduction Recent years have seen the UAE making regular updates to its laws in order to guarantee a legal regime that is forward-looking, and consistent with international standards and principles. The leaders of the UAE have been particularly cognizant of the need to have a robust criminal law regime to encourage legitimacy in business, and dissuade any unscrupulous activities that could reflect negatively on the UAE as a determined and fast-developing economy ...
Employer Checking Service (ECS) checks are a vital step in the right to work check process. Positive Verification Notice (PVN) from the ECS can ensure that an employer maintains a statutory excuse against liability for a civil penalty for illegal working in situations where an employee’s visa expires during the course of their employment. ECS checks are required in situations where an employee is on a time limited visa that expires during employment ...
In recent years, there has been a surge in new union organizing efforts and tactics to unionize and organize employers around the country. From Amazon workers in Jacksonville to Starbucks employees in 280 stores and counting, unions are imploring workers to turn to unions to help address issues like low wages, lack of benefits, and poor working conditions. Unionizing has become more heavily publicized, even romanticized, in the media and many employees have bought in to the movement ...
In recent years, there has been a surge in new union organizing efforts and tactics to unionize and organize employers in the state of Florida. From Amazon workers in Jacksonville to farmworkers in Immokalee, unions are imploring Floridian workers to turn to unions to help address issues like low wages, lack of benefits, and poor working conditions. Unionizing has become more heavily publicized, even romanticized, in the media and many employees have bought in to the movement ...
This has been driven by a rise in flexible working arrangements and the so-called 'gig economy' as well as by employers seeking creative ways to reduce costs in a restrained economic environment. With this in mind, the Employment Act 2000 was amended in 2021 to allow the Ministry of Economy and Labour to publish guidance to assist in determining whether a person is an employee or an independent contractor ...
On the 14th of February 2023, the General Department of Taxation (“GDT”) issued Notification 5367 (“Notification 5367”), which provides the 2022 market interest rates for Employee Loans in accordance with Article 15 of Prakas 543 on Tax on Salary and Instruction No. 7015 GDT dated 13 March 2020. The market interest rates for 2022, based on the average of eleven (11) commercial Cambodian banks, are as follows: USD – 8.35% per annum Khmer Riel – 8 ...
When terminating employees and senior executives, including in case of a conflict, the main focus should be on negotiating separation terms and concluding a mutual termination agreement (“MTA”). However, protecting the company’s interests and ensuring that any related processes are legally compliant and unhindered, entails a much wider range of issues and actions that need to be considered prior to and once the agreement with an employee has been reached ...
