The Indian Competition Act (CA02) was enacted in 20021. Since its inception, the Competition Commission of India (CCI) has imposed approximately £1bn in penalties on enterprises and their key individuals for their participation in cartels under s3, read with s27, of CA02. The Competition Commission of India (Lesser Penalty) Regulations were enacted in 2009. Since …
In recent months, the first precedents in Italy concerning the extremely topical matter of platform workers’ status (employees v freelancers) have been issued.
Complex workplace investigations were the exception and not the norm until a few years ago. In the year 2000 a one-page statutory code of practice was published in Ireland to guide employers through the humdrum of workplace disciplinary and grievance investigations containing only one sentence regarding the issue of employee representation in investigations. Fast forward …
In the last decade, the manner in which work is organised and managed has suffered significant changes. This fact has caused either beneficial or harmful consequences, such as emerging psychosocial risks and new challenges. The main questions are: what are the psychosocial risks? What are their consequences for the workers and for the company? What …
Continue reading “Psychosocial risks versus healthy companies in Spain”
In Australia, as in the rest of the world, employers bear onerous legal obligations to ensure that workplace culture does not condone sexual harassment, or indeed any other kind of bullying or vilification. Perhaps unlike other parts of the world, the laws dealing with workplace discrimination and harassment in Australia are particularly complex, not the …
Continue reading “Dealing with discrimination and harassment in Australian workplaces”
It’s 11.30pm, you are just drifting off after another long day at the office – and then the phone rings. It’s your chief executive – your building is up in flames, or flooded, or your servers have been hacked or… you know what to do right? You are the trusted source of advice for the …
Companies starting an operation in Mexico normally analyse variables that will have an impact on their businesses, like an efficient tax structure, the regulatory framework, and certainly, labour and employment matters. A key feature in the Mexican Federal Labour Law (FLL) is the mandatory 10% distribution of the employer’s annual January to December profit among …
Continue reading “Profit-sharing litigation in Mexico: A challenge to a common corporate structure”
How far and fast the world of work is changing is evident from a quick scan of recent headlines. It’s rare that an employment law issue won’t be prominent in the news. From establishing the status of workers in the gig economy to addressing the gender pay gap, employment rights and employers’ obligations are attracting …
Continue reading “Change is the only certainty in employment law”
The objective of this brief essay is to highlight legal aspects of significance to a foreign investor looking to do business in India. India, the second-most populous nation on earth and perhaps the fastest-growing democratic country, follows a written constitution. The constitution declares India to be a union of states with the power to legislate …
Introduction The traditional way of assessing distinctiveness is strictly focused on the specific national market in which the trademark and product occur, so that a trademark may very well be distinctive in a given market and not distinctive in another. In this article, we challenge this traditional approach and investigate more closely if specific circumstances …
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