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Lewis Silkin | United Kingdom | 4 Aug 2021

Key immigration action points for HR in second half of 2021

Free movement has been replaced in the United Kingdom by the domestic immigration system, including the new points-based immigration system. Employers need to ensure that they understand how this affects their business, how their recruitment plans and budgets are affected as well as whether their staff have the correct status to allow them to continue working both in the United Kingdom and......

KaiRong Law Firm | China | 4 Aug 2021

Case law on statute of limitations in multimodal transport cases

In a multimodal transport, if one of its modes of transport is sea carriage and there is cargo loss or a damage claim against the operator, which statute of limitations should apply? This is debated in legal practice because the statutes of limitations stipulated in the Maritime Law and the Civil Code are quite different. This article discusses this debate from the perspective of Chinese......

Castegnaro | Luxembourg | 4 Aug 2021

Economic and Social Council issues opinion on adding right to disconnect article to Labour Code

The Economic and Social Council recently issued an opinion recommending the addition of a new article to the Labour Code on "respect for the right to disconnect". This article would cover certain provisions pertaining to the obligation to define a right to disconnect scheme, its implementation and contents and any penalties applicable.

ENSafrica | South Africa | 4 Aug 2021

Cosmetic or medicine? The distinction could be in the claim

The courts have held that if a person says that a product is used for the purpose of treating or preventing disease, it will fall within the definition of a "medicine" under the Medicines and Related Substances Act 101 1965. In a recent decision, the Directorate of the Advertising Regulatory Board was asked to determine the boundary between medicinal and cosmetic claims. Although this......

Homble Olsby | Littler | Norway | 4 Aug 2021

Seniority calculation – Labour Court judgment provides guidelines

The Labour Court recently handed down a judgment that provides key guidelines for how seniority should be calculated when temporarily laying off staff. The main question to be decided was how seniority of workers should be understood in connection with the selection of staff in a temporary lay-off process – should it be total service time or continuous service time? The judgment provides an......

Lewis Silkin | United Kingdom | 4 Aug 2021

Right to disconnect – should employers act now?

A legal "right to disconnect" seeks to give employees the entitlement to disengage from work-related communications and activities outside of their normal working hours. The covid-19 pandemic has given this issue new prominence. Although the introduction of a legal right to disconnect in the United Kingdom seems unlikely at present, there could potentially be a softer intervention as momentum......

KaiRong Law Firm | China | 4 Aug 2021

Air carriers' compensation liability for death or bodily injury of passengers in air accidents

Although air transport is one of the safest modes of transport, air accidents that cause death or bodily injury to passengers still occasionally occur and air crashes may lead to even more tragic consequences. Therefore, air carriers should thoroughly consider how to compensate passengers or their next of kin after an air accident. This article discusses two aspects of air carriers'......

Egorov Puginsky Afanasiev & Partners | Ukraine | 4 Aug 2021

Diia City: new legal framework for IT industries

The Ukrainian government recently announced a highly ambitious initiative in the IT sector, which it believes will boost the industry. Named "Diia City", the project is a legal framework for IT industries with several promised benefits. Among the key novelties is a "gig contract" – a combination of a freelance and an employment contract – a brand new model of engagement for the Ukrainian market.

Lewis Silkin | Ireland | 4 Aug 2021

Latest on gender pay gap reporting

Following the recent passing of the Gender Pay Gap Information Act, preparations have been made to make gender pay gap reporting a greater priority for many organisations. Employers will have to publish the reasons for the gaps, which is often a complex task. This article examines the act and explains what employers need to know.

CGM Advogados | Brazil | 4 Aug 2021

Can Brazilian employers require pregnancy tests before dismissing employees?

Brazilian law entitles pregnant employees to temporary protection from dismissal from the date of confirmation of the pregnancy until five months after giving birth. The Superior Labour Court recently denied pain and suffering damages claimed by a woman whose employers subjected her to a pregnancy test when her contract was terminated.
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