Aspects of Application of Period of Limitation in Promissory Note and Bill of Exchange Matters In recent years, a substantial growth of the bill of exchange and promissory note circulation has been observed in Ukraine. To a considerable extent, this growth was fostered by the expansion and normalization of the regulatory framework for negotiable instruments ...
Authors Kenneth B ...
Interruption of Statute of Limitations It was interesting for the author hereof to read the article by Denis Mirgorodskiy “Application of the Civil Code in Promissory Note and Bill of Exchange Disputes” (Yuridicheskaya Praktika, #37, September 16, 2003). The author hereof appreciates Mr ...
The Labour Code approved by Law no. 99/2003 of 27 August will come into force on 1 December next, the first stage of the labour law reform thus coming to a close. Driven by the pressing need to endow the country with more flexible and investment, productivity and employment generating labour laws, the reform was at first enthusiastically backed by the employers’ confederations and firmly opposed by the trade unions ...
From among the innovations brought by the Labour Code, noteworthy is the express recognition of what are known as “personality rights” set forth in Articles 15 to 21 of the Code. To be considered, however, is that our legal system has long acknowledged the existence of this category of rights, which characteristically encompass the vital aspects of human personality and are acquired at birth and, as such, classifies such rights as universal ...
From among the special forms of contracting employment, special reference should be made, as it is an innovation, to the possibility of an employee being bound simultaneously to several employers provided there are corporate or organisation relations between them, by way of a contract in writing stating which of the employers represents the others in the performance thereof. Where these requirements are not met, the employee will be free to choose to which employer he/she wishes to be bound ...
In the area of salary, to be emphasised is that the Code has established that the calculation of supplementary and fringe benefits must be based on the basic salary and length of service payments. Also noteworthy are the new rules relating to special pay for exemption from regular working hours, which is after all justified by the fact that the Code provides for three different forms of exemption (vide III above) ...
The amendments made to occupational mobility, also known as functional polyvalence, are quite significant and resorting to this mechanism has become more flexible. This matter, which was governed by Article 22 (rendering of work by the employee not included or object of his/her contract) of the Employment Contract Law, is now addressed by Article 151 (Performance of Duties), Article 152 (Effects on Remuneration) and Article 314 (Occupational Mobility) of the Code ...
In terms of geographical mobility, the Labour Code has maintained the prohibition of the employer transferring the employee to another workplace, save where the interests of the company so require and this change does not entail a serious loss for the employee, where the transfer results from the total or partial moving of the establishment where the employee works, in the cases provided for in collective bargaining agreements or where the employee agrees to the transfer ...
The system applicable to the transfer of a company or part thereof set forth in Articles 318 to 321 of the Labour Code is aimed at rendering this system compatible with Community Law, notably with Council Directive of 12 March 2001, which focuses on this issue on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of companies or establishments ...
The system governing collective bargaining is that which the Code has changed the most. Among these changes, the most important is undoubtedly the provisions applicable to the survival of collective agreements. Under the prevailing law, once a collective bargaining agreement had reached its term, it would remain in force for an unlimited period of time until it was replaced by a new one ...
An Act to amend the Labour Code (S.Q. 2003, c. 26) This is a revised edition of a November 2003 bulletin pertaining to Bill 31 prior to its enactment ...
Whether your company engages in maintenance activities, manages or rents space in a building,1 you should give serious consideration to applicable construction industry rules before agreeing upon a price: a recent judgment of the Court of Appeal may be of interest to you if, under Québec legislation, your employees are required to be members of a construction trade (carpenter, plasterer, plumber, electrician) in order to perform their work ...
International companies can now breathe a sigh of relief following the Court of Appeal’s decision in Serco – v- Lawson which considered the vexed issue of whether Employment Tribunals can hear claims of unfair dismissal notwithstanding the fact that the employee might not work in Great Britain. Section 196 of the Employment Rights Act 1996 used to prevent employees ordinarily working outside Great Britain from complaining of unfair dismissal to an Employment Tribunal ...
For quite a while now, Québec legislation, like that of most Canadian provinces, provides that the directors, officers, employees or representatives of a legal person (for example: an incorporated company) can be sued personally for the commission or omission of acts that could directly and seriously compromise the health, safety or physical integrity of a worker. This offence is covered under section 237 and 241 of the Occupational Health and Safety Act (R.S.Q., c. S-2.1) ...
Commonly, conflicts are settled by a judicial organ, through which a legal expert issues a resolution according to legal criteria and provisions. Nowadays, the options to resolve conflicts are not only limited to the decision of a Judge, but there are alternative means characterized for being voluntary, confidential, economical, and expedite. These means are generally known as Alternative Dispute Resolution (ADR), which mainly include arbitration, mediation, and conciliation ...
On June 1st, 2004, new recourses for psychological harassment at work will come into force. The imminent arrival of these remedies should motivate employers to implement effective mechanisms to prevent and settle situations of psychological harassment at work. However, June 1st is quickly approaching and most employers are not properly prepared ...
It has not been a secret that confidentiality and the possibility of investing less resources (time and money) in the conflict resolution are the most used strategies in the promotion and integration of the mediation process into the formal system ...
Introduction As of June 2004, the Commission des lésions professionnelles (“CLP”) will implement guidelines (“Guidelines”) stating its expectations of expert witnesses, both as regards their written reports and the content of their testimony. Over the past years, there has been much criticism by CLP adjudicators concerning the involvement of expert witnesses in judicial and quasi-judicial proceedings. Their impartiality and objectivity were often in question ...
All companies must manage their excessive absenteeism files. Repeated absences, even when they only involve a small percentage of employees, have a substantial negative impact on all employees. An employer should therefore intervene immediately to prevent its employees from thinking that they can be absent whenever they wish. Also, many employees use the example of other employees to justify their own absences, causing the problem to grow out of proportion ...
Even if an idea for a new invention only exists in the mind of an employee, that idea belongs to the company…unless the contract of employment clearly states otherwise! The importance of ensuring that contracts of employment cover this area has been brought into sharp focus by a recent case in Texas, where the rules are very similar to those in the UK ...
Murray Campbell Lawson Lundell Craig Ferris Lawson Lundell This is a general overview of the subject matter and should not be relied upon as legal advice or opinion. For specific legal advice on the information provided and related topics, please contact your legal counsel. Copyright © 2004, Lawson Lundell All Rights Reserved INTRODUCTION Since the mid-1980s litigation has been a fact of life for pension and employee benefit plan administrators and sponsors ...
