In 2014, the Governor of Jakarta issued updates on the Jakarta Minimum Wage through the following regulations: Regulation No.54 of 2014 on the Minimum Sectoral Wage in the Province for 2014. Adjustments were made for the following industries under Regulation 54, namely Cosmetics, Automotive, Canned foods, Pharmaceuticals, Hospital Services, Radio and television, audio and visual recording devices; and Electronic household goods ...
On 26 March 2014, the Minister of Manpower and Transmigration (“Minister”) issued Circular Letter No. SE.3/MEN/III/2014 on The Implementation of Mandatory Manpower Reports by Companies (“Circular Letter”). The Circular Letter instructs all Governors and Regents/Mayors that all regional manpower offices within their jurisdiction, are to simplify the process of receiving and processing companies’ mandatory ‘manpower reports’ ...
It was in contravention of the Danish Act on Prohibition against Discrimination in respect of Employment to advertise for "student assistants who would like to earn some money for a year or so before starting further education". This was established by the Danish Board of Equal Treatment by its decision of 13 December 2013. The case involved a company's advertisement in a local paper in which the accounting department was seeking student assistants ...
Copying confidential emails to a private email account was not unlawful use of trade secrets, but the termination of the consultancy agreement was justified. This was established by the judgment of the Danish Eastern High Court on 27 January 2014. The case dealt with a consultant who throughout a period of ten years had been employed by the employer. The consultant had terminated the employment relationship for expiry at the end of August 2008 ...
By judgment of 6 January 2014, the Danish Eastern High Court found that a sales consultant did not have status as a salaried employee. The case involved a woman who for a period of 2 months had acted as a sales consultant for a company. Thereafter, the company decided to end the cooperation. The sales consultant made a claim for salary, holiday allowance, mileage allowance and compensation for lack of employment contract ...
1 - What employment issues must companies consider in deciding whether to switch to the BYOD model? If companies are considering switching to the BYOD model, it can be worth considering implementing a clear IT policy regulating which devices the employee is allowed to bring and how to use them with the company's IT system ...
The High Court recently issued 2 important judgments on the topic of bullying in the workplace. In the first case the plaintiff was successful and in the second case the plaintiff's claim failed. In the case of Una Ruffley v. the Board of Management of St. Anne's School (May 2014) a special needs assistant was awarded the sum of €255,276 in compensation and loss of earnings as a result of bullying which she suffered in the work place ...
The prolific growth in the use of social media has resulted in an increasing tension between employers and employees over social media account ownership. The crux of the issue is that employers are encouraging their employees to use social networking websites, whilst trying to claim that the contacts should remain confidential at the end of their employment ...
The European Commission published its proposal for a revised EU Pensions Directive on 27 March 2014. The revised Directive on the “activities and supervision of institutions for occupational retirement provision (recast)” (known as“IORP II”) hopes to make those institutions “better governed, more transparent and increasing their cross-border activity, thereby strengthening the internal market” ...
The Court of Appeal recently reviewed the scope of the duty of employees to mitigate their damages for lost salary pursuant to section 128(2) of the Act respecting labour standards (ARLS).1In this case, the Court of Appeal allowed in part the appeal of an employee following a decision of the Superior Court which had dismissed his motion for judicial review of two decisions of the Commission des relations du travail (CRT) ...
The Supreme Court of Canada has provided some important guidance regarding who qualifies as an “employee” under the British Columbia Human Rights Code in the case of McCormick v. Fasken Martineau DuMoulin LLP 014 SCC 39). Mr. McCormick was an equity partner at Fasken. The Fasken Partnership Agreement required Mr. McCormick to divest his ownership in the partnership and retire at the end of the year in which he turned 65. Mr ...
An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the employee receives the “accommodation,” but never recovers enough to resume performing the essential job functions ...
THE FACTS The complainant, a non-unionized employee, was hired by McGill University (hereinafter the “University”) in 1987 to be a member of the administrative staff. After working as an administrative assistant since 1994, she was dismissed by the University on June 30, 2009 for fraud. The University’s administrative staff is subject to a Dispute Resolution Policy (the “Policy”), which also covers their employment conditions ...
The High Court considered whether amendments were valid despite the fact that the deeds of amendment had not been effectively executed. Background The Gleeds Retirement Benefits Scheme was established as a final salary scheme by a partnership in the Gleeds group in 1974. Over the years many amendments were made to the scheme, including amendments relating to equalisation, the introduction of two money purchase sections and closure to final salary benefit accrual ...
Following the deportation by the Sri Lankan authorities of a British tourist because she had a Buddha tattoo on her arm, we look at the issue of tattoos in the workplace, and whether employers should, or indeed must, allow employees to have tattoos. What's the problem? The issue for the Sri Lankan authorities was the alleged insult to Buddhism caused by the tattoo ...
In a recent case, the EAT considered whether the fact that an employer had mistakenly invited an employee to a disciplinary meeting rather than a capability meeting was a material factor when considering its objective justification defence against a discrimination claim. The employee in question had been diagnosed with post-natal depression, a long-term disability for the purposes of the Equality Act 2010, and was unable to return to work for the foreseeable future ...
The Financial Reporting Council (FRC) has commenced consultation on the reviewed UK Corporate Governance Code. The Code, which sets out good practice for UK listed companies across a range of issues, is routinely reviewed every two years ...
In our January 2014 bulletin, we provided an overview of the Quebec government’s action plan aimed at [Translation] “correcting and restoring the situation of pension plans”. Also in that bulletin, we noted that in February 2014, the government was planning to introduce the first bill designed to set up the restructuring process for municipal pension plans. The government made good on its promise ...
The government announced radical changes to the existing rules regarding the way in which people access and use their pension savings in the UK as part of the 2014 Budget. It is proposed that from April 2015 DC pension savers will no longer have to buy an annuity and will be able to access their full fund on retirement and invest it as they wish. In addition, the existing rules around lump sums on retirement and drawdown have been relaxed with effect from 27 March 2014 ...
On April 15, 2014, the Office of the Information and Privacy Commissioner for British Columbia (the “Privacy Commissioner”) issued a report regarding the use of police information checks in British Columbia (the “Report”). The main focus of the Report is the scope of information provided in police information checks ...
CCTV surveillance is becoming increasingly prevalent in every aspect of our lives. Recognizable images of people captured by CCTV cameras constitute "personal data" as defined in the Data Protection Acts 1988 and 2003 ("the DPAs"). Accordingly, all use of CCTV by employers must be undertaken in compliance with the DPAs ...
Foreign manpower recruitment procedures as set out under Minister of Manpower and Transmigration Regulation No. PER.02/MEN/III/2008 were considered no longer applicable given the development of manpower nowadays, and therefore the Minister of Manpower and Transmigration promulgated Regulation No. 12 of 2013 on Procedures for Recruiting Foreign Manpower which came into effect as of 30 December 2013 ...
The latest tribunal statistics published by the Ministry of Justice this month indicate a significant fall in the number of employment tribunal claims following the introduction of tribunal fees in July of last year.The number of claims brought in October to December 2013 was down to only 9,801, a whopping 79% fewer than the same period in 2012, and 75% fewer than the previous quarter ...
On Sunday 6 April 2014 a number of changes will be made to employment law. We have put together this list of 5 changes we think you need to know about: Discrimination questionnaires abolished. Section 138 of the Equality Act 2010 allowed employees to serve a formal questionnaire on employers about discrimination matters. If an employer failed to answer fully, the tribunal could draw an adverse inference from such failure. From 6 April 2014 this formal process will be abolished ...
