ILN Today Post

Arbeidsgivers adgang til å ansette midlertidig

Hovedregelen er at ansettelser skal være faste, jf. arbeidsmiljøloven (aml.) § 14-9 (1) ledd pkt.1. Dvs. at arbeidsforholdet løper inntil en av partene sier opp arbeidsavtalen. Sammen med prinsippet om saklig grunn for oppsigelse utgjør de hovedbjelkene i arbeidstakernes stillingsvern. Formålet er å skape et trygt arbeidsliv. Midlertidige ansettelser, som innebærer en tidsbegrenset tilknytning til arbeidslivet, har i Norge ofte blitt betraktet som et institutt som bryter med ovennevnte, og har således tradisjonelt begrunnet våre strenge vilkår for å ansette midlertidig. Fra 1. juli 2015 ble det gjort endringer i reglene om midlertidige ansettelser, slik at arbeidsgiver gis større fleksibilitet og flere skal komme inn i arbeidsmarkedet.

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Isabelle Gauthier Brancoli, mentor inspired by L’effet A

April 3, 2017 — L’effet A is an initiative focused on developing women’s professional commitment. Under the tutelage of tutoring of leaders from the business community, the participants learn to develop their ability to overcome challenges.

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Burning and sanitation of waste are not considered waste utilization – Rosprirodnadzor official position

Federal Service of Supervision of Natural Resources (Rosprirodnadzor) issued a Letter No. ВС-10-02-36/6393 dated 28 March 2017 “On execution of recycling standards via thermal processing of waste” (hereinafter — «Letter»).

Rosprirodnadzor outlines in its Letter that performance of recycling quotes is not permitted by means of waste burning, neutralization, sanitation, or thermal processing.

The agency arrived at the mentioned conclusion by analyzing a range of definitions, used in the Russian legislation. In particular, utilization and its methods such as recycling, regeneration and recuperation are defined in the Federal law No. 89-FZ dated 24 June 1998 “On production and consumer waste” (hereinafter – “Law No. 89-FZ”). Said terms are determined in more details in “GOST 30772-2001: Interstate Standard. Efficient Use of Resources. Waste Handling. Terms and Definitions” (hereinafter – “GOST 30772-2001”). Having analyzed mentioned terms, Rosprirodnadzor sets forth, that use of waste for production of goods, performing works, rendering services including repeated use of waste and their processed derivatives is the primary goal of waste utilization.    

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ILN Today Post

Salaberren & Lopez Sanson (SyLS) in M&A Deal of the Year Award by Latin Lawyer

SyLS advised on the transaction that won the M&A Deal of the Year Award by Latin Lawyer, as co-counsel to Papa Energia S.A. in its approx. US $1 billion acquisition of Petrobras Argentina S.A.

SyLS Team was led by Rafael Salaberren Dupont (Head of the Corporate – Finance and M&A Practice), Senior Associates Juan Manual Campos Alvarez and Mariano Monserrat and Associate Diego D’Odorico.

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ILN Today Post

The operation was successful… the patient is deceased

There is no use of winning a lawsuit against the tax authority if the enterprise goes bankrupt before the judgement is rendered. And such an outcome is by no means uncommon, as under the current laws the tax authority can initiate enforcement proceedings against a business while the suit is still in progress. What’s more, experience shows that the tax authority doesn’t shy away from enforcement even in the absence of the solid legal grounds for pursuing that route.There is no use of winning a lawsuit against the tax authority if the enterprise goes bankrupt before the judgement is rendered. And such an outcome is by no means uncommon, as under the current laws the tax authority can initiate enforcement proceedings against a business while the suit is still in progress. What’s more, experience shows that the tax authority doesn’t shy away from enforcement even in the absence of solid legal grounds for pursuing that route.

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Revisiting the Affordable Care Act

Over 150 million Americans currently receive their health care coverage through employer sponsored health plans. For as much as the Affordable Care Act (ACA) focused on expanding coverage for the previously uninsured and underinsured, it also extended protections to employees receiving health insurance through their employer.

After last week’s cancellation of the vote on the American Health Care Act (AHCA), the House Republican plan to repeal the ACA, it is important to take a step back and revisit some of the major ACA employer provisions that remain intact for now.

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Chambers Global 2017 ranks Fladgate partners

Fladgate congratulates the following partners on their inclusion as “Leaders in their Field” in the 2017 edition of Chambers Global, the guide to the world’s best lawyers. Individuals are ranked after extensive research by the Chambers team with opinions sought from clients, peers, referees and competitors.

Germany
Corporate/M&A (Expertise Based Abroad)

Alex Kaufmann of Fladgate LLP is dual-qualified in England and Wales and Germany, and is also a fluent German speaker. He advises companies from Germany, Austria and Switzerland on cross-border mergers and acquisitions. He has a number of clients from the engineering, media and hospitality sectors. Kaufmann is also fluent in French and Romanian.

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Disclosure of confidential information

This article was first published by Solicitors Journal on 7 February 2017, and is reproduced by kind permission.

The recent case of Glenn demonstrates that while privilege and confidentiality may overlap, they are separate concepts.

Confidentiality of documents, information, and witness evidence may be the source of significant dispute between litigating parties. Disclosure of confidential information was recently considered in Glenn and another v Watson and others [2016] EWHC 3259 (and associated claims).

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There would be no fashion without immigration

With London Fashion Week having taken place last month and with the next round of shows in autumn, we need to ensure that the brightest and best global talents continue to choose the UK as their destination for growth.

London Fashion Week is adored by buyers and press, with an international reputation as the most innovative and experimental fashion event. The buzz around London Fashion Week increases every year, a clear sign of the creative and commercial importance of fashion. With a schedule designed to showcase the world’s most innovative emerging talent, it’s no surprise there’s excitement everywhere.

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Lovlige aktionærlån – pas på alligevel!

Det kan blive muligt at låne penge i egen virksomhed, men der er mange faldgruber, som kan gøre det dyrt.

Erhvervsministeren har den 5. oktober 2016 fremsat et lovforslag om ændring af selskabsloven, herunder lovliggørelse af aktionærlån. Danmark har i en lang årrække – siden 1982 – haft forbud mod, at aktionærer og ledelsesmedlemmer måtte låne midler i det selskab, hvor de indgik i ledelsen og/eller var ejere af. Et selskab måtte endvidere ikke stille sine midler til rådighed eller stille sikkerhed for de pågældende personers forhold.

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