This episode goes over the final four fundamental elements of the National Anti-Corruption Commission’s guidelines. These elements are: personnel should have accurate books and accounting records, human resource management policies complementary to anti-bribery measures, companies should have communication mechanisms that encourage the reporting of the suspicion of bribery (whistleblowing), and companies need to review and evaluate anti-bribery prevention measures and their effectiveness.
On October 8, the US Department of Labor published a notice requesting information and comments on the following three reports on child labor and forced labor practices in foreign countries that are published by the US Bureau of International Labor Affairs. The comments will be used in preparing the 2022 edition of the TDA Report and TVPRA List, as well as any updates to the E.O. List. The three reports are the US government’s key public statements on the issue of forced labor and child labor around the world.
Against the background of the EU Posting Workers Directive and the ECJ case law, the Wage and Social Dumping Prevention Act (“Lohn- und Sozialdumping-Bekämpfungsgesetz”, “LSD-BG”) has been amended effective as of 1 September 2021. In summary, the scope of the Wage and Social Dumping Prevention Act was limited and the provisions regarding administrative penalties were mitigated. However, provisions for long-term postings are now stricter.
June 2021 marked the 10th anniversary of the United Nations Guiding Principles on Business and Human Rights (UNGPs), the leading global framework for the respective duties and responsibilities of governments and businesses to safeguard human rights in economic activities.
To address international human rights and responsible business conduct, in 2019 Canada established the Office of the Canadian Ombudsperson for Responsible Enterprise (CORE), following consultations with the late John Ruggie, author of the UNGPs. The CORE represents the Government of Canada’s commitment to provide a mechanism to respond to concerns raised about the protection and respect for human rights by Canadian-based companies doing business around the globe in the garment, mining, and oil and gas sectors.
In 2010, public Delaware corporations began adopting forum provisions to require various types of “intra-entity” disputes — claims that directors breached their fiduciary duties in approving a sale transaction — be made solely in Delaware courts. However, over the past decade, this has now been shaped into a boilerplate provision under U.S. securities law.
While the financial impact of COVID 19 has affected almost every sector across the world, the hospitality sector has been one of hardest hit. This sector has borne the brunt of reduced travel together with event and booking cancellations. We look at the key employment related considerations faced as a result.
On 15 September, during the 2021 State of the Union Address, EU Commission President Ursula von der Leyen announced the European Commission’s intention to introduce a ban on the import of products made with forced labour into the EU market. In her Address, the Commission President noted that there are “25 million people…who are threatened or coerced into forced labour” and that “doing business around the world…can never be done at the expense of people’s dignity and freedom”.
The latest issue of the China employment law series looks at: what employers need to consider under the New Personal Information Protection Law, new measures to protect gig worker labor security rights and interests, the illegality of the ‘996’ work system, flexible employment measures for the Free Trade Zone enterprises, Shanghai court rulings on office phone conversations being used as evidence, Beijing court rulings on lawful dismissal, Shenzhen court rulings on dismissal, and new protection for delivery workers.
Over the past few weeks, the Indonesian Government has been reducing the level of Enforcement of Public Activity Restrictions in various regions within Indonesia. In light of this, and to further support Indonesia’s economic recovery, the Minister of Law and Human Rights issued Regulation No. 34 of 2021 on Granting of Immigration Visas and Stay Permits during COVID-19 Spread Handling and National Economic Recovery on 15 September 2021.
Bill of Law No. 2058/2021 (BL), initiated by the Chamber of Deputies on 06/07/2021, proposes amendments to the recent and controversial Law No. 14.151/2021, which deals with the removal of pregnant employees from on-site work during the public health emergency of national importance due to the new coronavirus. The BL specifically regulates (i) telework (ii) remote work and/or (iii) other forms of non-presential work, specifically with regard to pregnant employees.