Newsletters

Whether Employees Terminated for Misconduct Entitled to Payment of Statutory Dues

In this day and age of hire and fire, employers usually assume that statutory dues of a managerial employee terminated for misconduct can be legitimately forfeited. This assumption may be far from the established principles of applicable laws. Some of the post termination entitlements of a managerial employee dismissed for misconduct are discussed below:

(i)         Salary: Post termination obligations and rights of managerial employees are governed by their contracts and the applicable state’s shops and establishment enactment. While in most states employees occupying positions of confidential, managerial or supervisory character are excluded from the purview of the shops and establishment legislations (‘S&E Act’), there are a few states such as Punjab and Haryana that do not afford a similar exemption and therefore, employees working in managerial or supervisory capacity in these states fall within the purview of the S&E Act. Consequently, the wages of an employee in these states are liable to be paid within 2 working days of termination without any deductions.

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KLA Newsletter – Propriedade Intelectual – Novembro 2015

TJSP DECIDE QUE ESTILISTA NÃO PODE USAR NOME PRÓPRIO PARA ASSINAR COLEÇÃO DE ROUPAS APÓS A CESSÃO DE MARCA COM CLÁUSULA DE NÃO CONCORRÊNCIA

O Tribunal de Justiça de São Paulo (“TJSP”) decidiu recentemente, em ação judicial proposta pela Sommer Confecções Ltda. contra o estilista Marcelo Sommer e a C&A Modas Ltda., que o estilista não poderia usar o seu nome para assinar coleções de vestuário.
A autora da ação, sociedade do grupo AMC Têxtil, sustenta que as marcas “Sommer” e “Marcelo Sommer” foram objeto de cessão em negócio firmado com o estilista, prevendo a abstenção do uso do nome pelo estilista no mesmo segmento comercial durante período determinado. Não obstante o acordado, o estilista teria criado uma coleção de roupas para a C&A, identificada e comercializada como “Coleção Sommer” e “Coleção namorados Sommer”.
O TJSP entendeu que a aposição do nome “Sommer” nas etiquetas das peças não teria a mera intenção de indicar a autoria da obra (direito moral de autor), mas sim de associação com as marcas cedidas, violando cláusula de não-concorrência do contrato firmado com a autora da ação. Fica resguardado ao estilista, no entanto, o direito de uso de seu nome para os atos da vida civil, bem como o direito de continuar atuando no mercado de moda através de nova marca, que não seja conflitante com as marcas cedidas.

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Peterka & Partners CEE Newsletter October 2015

Kurzarbeit Project An amendment to the Employment Act published in the Collection of Laws under No. 203/2015 Sb. introduces a new institution called “short-time work” (kurzarbeit) into Czech employment law. The Czech legislature has drawn inspiration from German law. The amendment will take effect on 1 October 2015.

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The Dej-Udom & Associates Newsletter for September 2015

COUNTDOWN 2015 – ASEAN Economic Community

Immediate AEC Benefits
In a new report, a global commercial real estate company maintains that the ASEAN Economic Community (AEC) integration will immediately benefit the member states’ industrial sectors and their local office and retail property markets. According to the report, more multinational companies (MNCs) and small and medium enterprises (SMEs) will be established in the AEC to take advantage of its benefits, in particular the regional logistics market which is expected to develop and grow. With the influx of new MNCs and SMEs, there will then be higher demand for industrial and office space in the ASEAN countries and subsequent growth in local supply.

SME Financing
A leading regional bank says that due to poor access to financing, few of Asia’s small and medium sized enterprises (SMEs) have the opportunity for the strong, sustainable growth needed to become part of the global supply chain. The bank says that overall in 20 Asian countries, 96% of all registered firms are SMEs which employ 62% of the labor force, but only contribute 42% of the economic output. To combat the problem, the bank recommends more access to bank credit and more involvement from the region’s governments to make it easier for SMEs to access new financing options like supply chain finance.

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Five Evolving Issues Confronting Employers in the Hospitality Industry

Our colleagues Jeffrey H. Ruzal, Steven M. Swirsky, Joshua A. Stein, Brandon C. Ge, Adam C. Solander, and Valerie Butera contributed to Epstein Becker Green’s recent Take 5 newsletter. In this edition, we address important employment, labor, and workforce management issues in the hospitality industry:

  1. The U.S. DOL’s Aggressive Moves to Expand FLSA Coverage
  2. The NLRB’s New Test for Determining Joint-Employer Status and Its Impact on Hospitality Employers
  3. At the 25th Anniversary of the ADA, How to Avoid Getting Bitten by Service Animal Complaints
  4. The Cadillac Tax: What Hospitality Employers Need to Know
  5. OSHA’s Revised Hazard Communication Standard
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Labour law newsletter: hazardous products, stock options, new Tribunal, pay equity

September 16, 2015 — The latest issue of RSS’s labour and employment newsletter discusses:

  • New legal regime on hazardous products
  • What happens with the stock options of a terminated employee?
  • What do you know about the Administrative Labour Tribunal?
  • Pay equity: 25,000 employers are given a break

Click here to view this newsletter.

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Dej-Udom & Associates Newsletter August 2015

The Dej-Udom & Associates monthly newsletter covering Thailand and the ASEAN region for August 2015

COUNTDOWN 2015 – ASEAN Economic Community

RCEP Breakthrough
At the 47th Meeting of the ASEAN Economic Ministers held this month in Kuala Lumpur, Malaysia, significant progress was made on the pending Regional Comprehensive Economic Partnership (RCEP). The RCEP is the proposed free trade agreement between the ASEAN member states and Australia, China, India, Japan, South Korea and New Zealand. Past obstacles were overcome during the meeting and now the RCEP agreement could be finalized by 2016. Of note at the meeting, all parties to the RCEP agreed to immediately zero-rate 65% of all tariff lines when the agreement takes effect and have 80% zero-rated within 10 years after.

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A Look at the Construction Contractors Bill 2011

Did you know that according to the Construction Contractors Bill, any unlicensed person performing construction shall be guilty of an offence and liable to a fine of ten thousand ($10,000.00) or imprisonment; or to both?” This is only one of the many new penalties the bill seeks to address in an attempt to ensure regulation with the industry. For far too long, contractors, especially building contractors, were providing shoddy work to the unassuming homeowner without any short term recourse. The Construction Contractors Bill is intended to act as a catalyst for change in the way contractors approach openness and manage their affairs. The Bill is designed to protect both contactors and consumers. It is intended to cover all construction disciplines ranging from electrical contractors to road contractors. More…

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Konkurrenceret nyhedsbrev nr. 1 2013

Bliv opdateret på nyt fra DAHLs faggruppe for konkurrenceret.

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News You Can Use: What Do You Want to Do in 2013?

Lommen Abdo’s January/February 2013 e-newsletter is fresh off the virtual presses with news about:

  • Do you dream of opening a craft brewery?  Learn the 10 key steps to starting your own brewery in this article from The Growler.
  • Now that Congress has acted and the President signed the bill, what are YOU going to do with your estate plan?  Learn more about the key points in the new law that may affect you.
  • One consequence of this age of greater employee mobility is the proliferation of trade secret claims.  Are companies really suing their competitors just to learn trade secrets?  Find out more in this recent article that appeared on the web site of Corporate Counsel.

And there is a lot more news about Lommen Abdo and our clients. Click on the link above.  Please let us know if you have questions, if we may be of assistance in any way or if you have suggestions for future newsletters.  Enjoy!

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