Tag Archives: updates

ILN Today Post

Legality of Deduction of Wages Upon Failure to Serve Notice Period by Employees

  1. Introduction.

A common and regular concern faced by employers is the practice of resignation without notice by their employees and consequent disassociation without providing adequate time for due and proper handover. The question which the employers then face is, do we have the right to deduct amounts as payment in lieu of the unserved notice period from the outstanding wages of such employees?

An assessment as to the ability of an employer to deduct outstanding salary in lieu of unserved notice period is a mixed question of fact and law. First of all, it requires an assessment of whether the employee is employed in a corporate office or in a factory or in any other industrial establishment, as that determines the applicability of the relevant legislations. This assessment is also based on determination of the role and responsibility of the concerned employee, his/her salary, place of employment and several other related factors.

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7th Circuit affirms conviction for spoofing spree

The individual dollar amounts that Michael Coscia was charged with illegally taking make him sound like a petty criminal, but the 7th Circuit Court of Appeals had another name for him — unscrupulous trader.

In early August, the Chicago panel affirmed the conviction of Coscia, manager and owner of Panther Energy Trading LLC, for manipulating the commodities market. He is the first person to be found guilty of violating the federal anti-spoofing provision and while, as attorneys note, he is not the only misbehaving trader, his conviction sends a message about the risks of engaging in such acts.

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Advokatfirmaet Økland har på vegne av NorDan vunnet en prinsippsak i Eidsivating lagmannsrett om eiendomsskatt på maskiner og utstyr

Eidsivating lagmannsrett avsa 21. august 2017 en prinsipiell dom om eiendomsskatt på maskiner og utstyr i såkalte «verk og bruk», det vil si i produksjonsbedrifter.Svært mange kommuner har praktisert å ta slikt med i skattegrunnlaget. Lagmannsretten uttaler klart at dette er i strid med loven der virksomheten drives i vanlige fabrikkbygninger. Advokatfirmaet Økland & Co v/advokat Gjermund Pekeberg representerte Johs Rasmussen AS (NorDan), som er Norges største produsent av vinduer og dører. Motpart var Sel kommune i Gudbrandsdalen. Johs Rasmussen AS fikk fullt medhold i saken, som vil få stor prinsipiell betydning dersom den blir stående. Ankefristen er 21. september.

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ILN Today Post

Getting Neymar moving: the legal framework of a soccer transfer

With Neymar’s world record move from Barcelona to PSG just one of a host of big-money soccer transfers this summer, Fladgate’s Alan Wetterhahn and James Earl explain the legal processes that make a deal happen.
The numbers are mind-boggling. And that was the case even before Paris Saint-Germain paid a world record fee of €222 million for the Brazilian superstar Neymar Jr. And it is so far so good for the forward, who has scored three goals in the two matches he has played for his new club.

Who said money can’t buy you love?

When any business pays for any asset – and, make no mistake, Neymar is an asset in many senses of the word – the paperwork is sure to follow and it is no different in football where the amounts involved are getting larger every year.

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ILN Today Post

The Contract and Commercial Law Act 2017: What You Need to Know.

The Contract and Commercial Law Act 2017 (“CCLA”) comes into force on 1 September 2017 to consolidate and update New Zealand’s law relating to contracts and sales.

While there are no substantive legal changes, the CCLA will modernise the language of the repealed statutes to either clarify Parliament’s intention or reconcile inconsistencies which have developed over time with new legislation.

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ILN Today Post

Asean Today – Regional Legal and Business News – June 2017

ASEAN Economic Community News

Regional Economic Outlook
The ASEAN Secretariat reports that ASEAN in 2017 will continue to see strong economic growth that should match its 4.8% growth in 2016. The Secretariat attributes the growth to the strengthening of private consumption and private investment in the region. In 2018, they expect domestic demand growth to be driven by 1) consumption, backed by stable labor market conditions and wage growth, and 2) demand, backed by public spending on infrastructure projects and fiscal stimulus. Downside risks include potential disruptions due to global trade policy adjustments and changes in monetary policies.

ASEAN Power Grid
At the ASEAN Ministers of Energy meeting in September, Thailand, Laos, and Malaysia plan on signing a tripartite electricity-trading agreement which could initiate the start of the ASEAN Power Grid. The agreement covers the sale of 100 megawatts of electricity generated in Laos and transferred to Malaysia using Thailand’s transmission system. The planned ASEAN Power Grid will be a secure, reliable integrated electricity infrastructure that will help stimulate regional economic growth and development.

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ILN Today Post

ASEAN Today – Regional Legal and Business News for April 2017

ASEAN Economic Community News

Civil Service Declaration
At the 30th ASEAN Summit in Manila, the heads of the ASEAN member states signed the Declaration on the Role of the Civil Service as a Catalyst for Achieving the ASEAN Community Vision 2025. The Declaration emphasizes the civil service’s role in providing good governance and vital public services and driving national and social development. The Declaration includes initiatives to enable ASEAN’s civil services to reach the highest standards of professionalism, efficiency, effectiveness, transparency, responsiveness, participatory approach, and accountability. At present, mechanisms to ensure the adoption of good governance need to be developed.

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2017 Trends in Marketing Communications Law

This issue explores the significant legal issues now facing the marketing communications industry and explains how these issues are likely to affect the industry in 2017, and beyond. In 17 articles, Davis & Gilbert lawyers examine everything from developments affecting influencer campaigns, native advertising, advertising legal marijuana, daily fantasy sports and alcohol industries, to changes in trademark, copyright, patent and privacy law. We highlight where federal and state regulators, the industry’s self-regulators and plaintiffs’ lawyers are focusing, and discuss key decisions from courts across the country.

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Pohland Herrenkleidung: Insolvenzplan unmittelbar vor der Fertigstellung, Filiale Dortmund wird geschlossen

Die Unternehmensfortführung der Pohland Herrenkleidung GmbH & Co. KG läuft weiterhin wie geplant. Der Insolvenzplan, den Frau Dr. Bettina E. Breitenbücher und ihr Team der KÜBLER GbR in den letzten Wochen erstellt haben, steht im Wesentlichen. In diesem Zuge wird Ende April die Filiale in Dortmund geschlossen, da der Vermieter das Mietverhältnis nicht fortführen wird.

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ILN Today Post

Amendments to Maternity Benefit Act 1961 comes into force

The following amendments to the Maternity Benefit Act, 1961, by virtue of the Maternity Benefit (Amendment) Act, 2017, have come into force with effect from April 1, 2017:

  • The maximum period for which a woman employee is entitled to payment of maternity benefit is now increased to 26 weeks (instead of the earlier 12 weeks). Further, not more than 8 weeks will precede the date of expected delivery (instead of the earlier 6 weeks). However, such extended benefit will only be given to a woman employee for her first two deliveries. A woman employee having two or more surviving children would be entitled to maternity benefit as per the earlier provisions, that is, a maximum period of 12 weeks of which not more than 6 weeks will precede the date of her expected delivery.
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