By Mariella De Stefano, from our Insurance Law Practice Group
January 31, 2021 — In the case of J. Noël Francœur inc. c. Industrielle Alliance, assurances auto et habitation inc., 2020 QCCA 1676, the Court of Appeal was called upon to interpret certain provisions of the Fire Safety Act [FSA], more particularly section 47 which contains an exemption from liability for persons who in certain circumstances assist firefighters during their operations.
January 29, 2021 — I am pleased to be writing this introduction to our first newsletter of 2021, which highlights some interesting developments in business law and matters in which we have recently been involved.
I. EDITORIAL – STATE BUDGET 2021; LAW ON MAJOR OPTIONS 2021-2023; EXCEPTIONAL REGIME FOR SITUATIONS OF ARREARS IN LEASING; GUARANTEED MINIMUM MONTHLY PAY; NATIONAL VACCINATION PLAN – COVID-19
The month of December was characterised, at the legislative level, by the approval and publication of Law no. 75-B/2020 of December 31, which approved the State Budget for 2021, and Law no. 75-C/2020 of December 31, which approved the Law on Major Options for 2021-2023 regarding Planning and Multiannual Budget Programming. Read more…
The Ministry of Labour and Employment, with an intent of standardizing the conditions of employment in industrial establishments employing three hundred or more workers to whom the Occupational Safety, Health and Working Conditions Code, 2020 (“Occupational Safety Code”) applies, has issued the draft Model Standing Orders for Services Sector, 2020 (“Model Standing Orders”). The term ‘establishment’ under the Occupational Safety Code inter alia includes a place where any industry, trade, business, manufacturing or occupation is carried on with ten or more workers employed.
In brief: When large global companies like Microsoft announce that its’ entire Irish workforce can continue to work from home indefinitely, it is clear that remote working is here to stay in some form. In recognition of this, on 15th January 2021 the Government published the National Remote Work Strategy (the “Strategy”) which aims to ensure that working remotely will be a permanent feature within the Irish workplace. Shane Costelloe explains the three pillars of the strategy
Federal Law No. 407-FZ dated December 8, 2020 made material amendments to the section of the Labor Code of the Russian Federation which regulates distance work. The necessity for such amendments became evident as soon as employers started to switch their staff to work from home in large numbers at the beginning of 2020. After almost a month and a half of a stay-at-home period, the demand for such amendments appeared not only on the part of citizens but also on the part of the government. As it was partly the absence of regulatory mechanisms for switching to remote work and the absolute absence of its control that caused a stay-at-home period.
We are happy to share that LexCounsel, Law Offices has won the BW Legal World Global Legal Leaders Award 2020 in the categories of:
On 4 December 2020, the FIFA Council approved among other measures, the new Annex 8 of the FIFA Regulations on the Status and Transfer of Players (“FIFA RSTP”), which then came into force on 1 January 2021……Read more…
The Cancellation Division of EUIPO has recently issued a resounding decision declaring the invalidity of the figurative trademark representing the “Flower thrower”, one of the most iconic Banksy’s mural paintings.
The motivations on which the decision is based are questionable since it seems to be willing to take a punitive stance against the British street artist due to his commonly known distaste for intellectual property rights.
As part of a “third wave” of executive orders, on January 22, 2021, President Biden issued an executive order instructing the Director of the U.S. Office of Personnel Management to “provide a report to the President with recommendations to promote a $15/hour minimum wage for Federal employees.” The Biden Administration announced via a Fact Sheet published on the White House’s website that the move is purportedly designed to ensure that the federal government is a model employer:
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