india news Global employment briefing: China, October 2015 By www.eversheds.com Published On :: 2015-10-07 A digital age of evidence in employment disputes In China, when an employer wishes to terminate an employee’s employment, the burden of proof falls on the employer to show that the statutory grounds for justifying the termination have been met... Full Article
india news Global employment briefing: Italy, December 2015 By www.eversheds.com Published On :: 2015-12-21 Reform of section 2103 of the Italian civil code, concerning modification of work duties Section. 3 of law decree no. 81 of 2015 significantly amended section 2103 of Italian civil code. In its original form the rule set out that “an employee ... Full Article
india news Global employment briefing: Netherlands, February 2016 By www.eversheds.com Published On :: 2016-02-01 Working after pensionable age – new legislation takes effect Over the coming years the Dutch pensionable age (currently 65) is set to increase gradually, in order to offset the costs associated with an ageing population. By 2021 the pension ag... Full Article
india news Global employment briefing: Poland - February 2016 By www.eversheds.com Published On :: 2016-02-01 Changes to fixed term (definite term) employment contracts On 22 February 2016, an amendment to the Labour Code on definite period employment contracts will come into force. This amendment will introduce new rules allowing an employer to conclude no... Full Article
india news Global employment briefing: Spain - February 2016 By www.eversheds.com Published On :: 2016-02-01 Court extends flexible working rights under the Spanish Constitution?In a recent case involving a request for flexible working, the court found in favor of the employee by granting his request for a flexible starting time, relying on Article 39 of t... Full Article
india news Global employment briefing: Czech Republic, February 2016 By www.eversheds.com Published On :: 2016-02-01 Amendment to the Labour Code and the Employment Act On 1 October 2015, amendments to the Czech Labour Code and the Employment Act came into effect and brought about substantial changes to Czech labour law, affecting most employers in the Czech Repub... Full Article
india news Global employment briefing: Switzerland - February 2016 By www.eversheds.com Published On :: 2016-02-01 Swiss working time regulations simplified for higher ranked employees On 1 January 2016, new articles 73a and 73b of the Swiss Ordinance relating to the Labour Law Act (OLLA1) entered into force. Reflecting the reality of today’s work life, th... Full Article
india news Global employment briefing: United Kingdom - February 2016 By www.eversheds.com Published On :: 2016-02-01 Major new anti-slavery law affecting global organisations doing business in the UK in force The Modern Slavery Act 2015 requires commercial organisations with a turnover of £36 million and above and supplying goods or services to publicly repo... Full Article
india news Global employment briefing: European Union - February 2016 By www.eversheds.com Published On :: 2016-02-01 Important EU data protection changes are a step nearerAfter years in the offing, the EU Parliament, Council and Commission representatives have reached political agreement on the drafting of the new EU data protection framework. Although minor modif... Full Article
india news Global employment briefing: United Arab Emirates - February 2016 By www.eversheds.com Published On :: 2016-02-01 UAE employers be aware - new UAE employment requirementsThree new Ministerial Decrees came into effect on 1 January 2016. These Decrees, issued by the Ministry of Labour (“MOL”), impact upon the way job offers are made and have implicati... Full Article
india news Global employment briefing: Saudi Arabia - February 2016 By www.eversheds.com Published On :: 2016-02-01 Ministry of Labour makes numerous labour law changes The Ministry of Labour made a number of changes to labour law with effect from 18 October 2015. Amongst other things, the amendments cover disciplinary procedures, training, Saudization privileges... Full Article
india news Global employment briefing: Singapore - February 2016 By www.eversheds.com Published On :: 2016-02-01 New requirement to issue itemised payslips and key employment terms With effect from 1 April 2016, all Singapore employers will be required to issue itemised payslips and key employment terms to employees covered under the Singapore Employment Act. ... Full Article
india news Global employment briefing: Germany - February 2016 By www.eversheds.com Published On :: 2016-02-01 Latest developments in temporary employment (agency or leased workers) In Germany, the provision of temporary personnel is strictly regulated by the German Law on Labour Leasing Act (AÜG). The principle is straightforward: the agency is the emp... Full Article
india news Global employment briefing: Ireland, February 2016 By www.eversheds.com Published On :: 2016-02-01 2016 – A new year and a new employment claims system in Ireland 2015 brought a number of changes to the Irish employment law landscape. The most significant change was the introduction of the Workplace Relations Act 2015 (the “Act”... Full Article
india news Global employment briefing: Sweden, February 2016 By www.eversheds.com Published On :: 2016-02-01 Increase in parental leave days Swedish parents are entitled to 480 days of paid parental leave when a child is born or adopted. In principle, each parent is entitled to 240 days’ leave, some of which is available exclusively for that parent&... Full Article
india news Global employment briefing: Tunisia - February 2016 By www.eversheds.com Published On :: 2016-02-01 Private sector wage increasesAn increase of 6% has been agreed for private sector pay, following a negotiation between the UGTT and UTICA. This agreement provides for an increase of 6% on basic salary, plus an increase in the transport allowance by ... Full Article
india news Global employment briefing: Austria - February 2016 By www.eversheds.com Published On :: 2016-02-01 A number of employment law changes have taken effect at the start of 2016… Increased fines for unfulfilled employment quotas Employers with more than 25 employees must employ at least one employee with a disability for every 25 employees in t... Full Article
india news Global employment briefing: Estonia - February 2016 By www.eversheds.com Published On :: 2016-02-01 Supreme Court rulings on fixed term and overtime work In its recent rulings, the Supreme Court of Estonia has clarified appropriate compensation for the early termination of a fixed term employment contract and also how to determine overtime work wh... Full Article
india news Global employment briefing: South Africa, February 2016 By www.eversheds.com Published On :: 2016-02-01 Prescription (the lapse of arbitration awards) in employment There have been a number of conflicting judgments dealing with the prescription of arbitration awards and how the term “debt” should be defined in the employment arena. ... Full Article
india news Global employment briefing: Finland - February 2016 By www.eversheds.com Published On :: 2016-02-01 New legislation on occupational accidents and diseasesThe Act on occupational accidents and occupational diseases (459/2015) came into force on 1 January 2016. By combining the earlier three Acts on occupational accidents and diseases into one, the ... Full Article
india news Global employment briefing: France - February 2016 By www.eversheds.com Published On :: 2016-02-01 Compulsory provision of health insurance by employers in FranceThe safeguarding of employees’ wellbeing is a key focus of French employment legislation. From biannual consultations with employees to evaluate the psychological impacts of their ... Full Article
india news Global employment briefing: Hong Kong - February 2016 By www.eversheds.com Published On :: 2016-02-01 More flexibility for group companies to enforce proprietary rights and restrictions against employees? The Contracts (Rights of Third Parties) Ordinance (Cap. 623) (the “Ordinance”) came into force in Hong Kong on 1 January 2016. The Ord... Full Article
india news Global labour law update: February 2016 By www.eversheds.com Published On :: 2016-02-01 Global unions renew pressure on labour conditions in supply chainsGlobal trade unions are continuing to work with pressure groups and human rights activists to hold companies to account for labour conditions in their supply chains. Their activities ... Full Article
india news Compulsory reinstatement and re-engagement is on the horizon By www.eversheds.com Published On :: 2016-02-29 On 12 February 2016, the Government gazetted the Employment (Amendment) Bill 2016 (the “Bill”). The Bill will be introduced into the Legislative Council for first and second readings on 2 March 2016 but it is not clear when it may come i... Full Article
india news Private Equity Fund Practice: ILPA Principles 3.0 Evolution or Revolution? By www.eversheds.com Published On :: 2019-07-11 Introduction The Institutional Limited Partners Association (“ILPA”) has released Version 3.0 of its Principles aimed at fostering transparency, governance and alignment of interests for general partners (“GPs”) and limited p... Full Article
india news Commission proposal paving the way for UCITS IV By www.eversheds.com Published On :: 2008-07-25 16 July 2008 Full Article
india news Investor Directors - will you be in breach of your duties on 1 October 2008? By www.eversheds.com Published On :: 2008-08-19 From 1 October 2008, all directors of UK companies have a duty under the Companies Act 2006 to avoid actual or potential conflicts of interest. The new law places a positive onus on the director to avoid these conflict situations; it is not sufficie... Full Article
india news Lehman Brothers bankruptcy: ISDA - right to terminate OTC transactions By www.eversheds.com Published On :: 2008-09-15 Lehman Brothers, the fourth largest investment bank in the US, filed for bankruptcy this morning. If you have funds which have entered into OTC derivatives contracts with Lehmans under an ISDA Master Agreement you may be considering your posi... Full Article
india news MiFID - FSA highlights implementation failures By www.eversheds.com Published On :: 2009-01-23 In late 2008, the Financial Services Authority (FSA) reviewed how firms had implemented key aspects of the Markets in Financial Instruments Directive (MiFID). It has now published the results of that review. Generally the FSA has been encouraged by ... Full Article
india news Financial Institutions e-briefing: AIFMD update By www.eversheds.com Published On :: 2013-03-15 FSA survey on AIFMD – aiming to provide support to AIFMs On 11 March 2013, the Financial Services Authority (“FSA”) published new web-pages on the Alternative Investment Fund Managers Directive (“AIFMD”), including an o... Full Article
india news Financial Institutions E-briefing: AIFMD update: FSA and the Treasury publish further consultations on implementation of AIFMD By www.eversheds.com Published On :: 2013-03-25 On 19 March, the Financial Services Authority published its much anticipated second consultation on AIFMD: “Implementation of the Alternative Investment Fund Managers Directive” – CP 13/9. The FSA paper came hot on the heels of HM ... Full Article
india news Financial Institutions E-briefing: Asset Management Update: Taxation of rebates of trail commission on investment products By www.eversheds.com Published On :: 2013-04-03 On 25 March, HMRC published a briefing on the tax treatment of payments of trail commission which is rebated to investors in collective investment schemes and other investment products such as life insurance policies. The briefing relates to any reb... Full Article
india news Financial Institutions E-briefing: Asset Management Update: Taxation of rebates of trail commission on investment products - update By www.eversheds.com Published On :: 2013-04-05 In our previous briefing we reported on HMRC’s recent briefing on the tax treatment of payments of trail commission rebated to... Full Article
india news MiFID II and Insurance Products By www.eversheds.com Published On :: 2014-05-20 The European Commission (Commission), Parliament and the Council have now reached agreement on the texts for the Recast Markets in Financial Instruments Directive (... Full Article
india news MiFID II and Structured Deposits: New Duties for Banks By www.eversheds.com Published On :: 2014-06-11 The European Commission (Commission) has contacted the European Securities and Markets Authority (ESMA) and, more recently, the European Banking Authority... Full Article
india news Publication of the EU Market Abuse Regulation: Particular Considerations for Asset Managers By www.eversheds.com Published On :: 2014-07-01 In the same week that the Recast Markets in Financial Instruments Directive (MiFID 2) and its companion Regulation (MiFIR) were ... Full Article
india news Business environmnet should become open and safe By www.eversheds.com Published On :: 2014-08-01 Interview with Maris VainovskisBilances Juridiskie Padomi No.8 (14) August 2014Foreign capital is more and more active in acquisition of Latvian companies. Will there be any large local companies left in the future at all?There is such a tendency in... Full Article
india news Changes to the ISA Regulations By www.eversheds.com Published On :: 2015-03-06 Changes to The Child Trust Fund Regulations and ISA Regulations have been proposed. Both sets of amended regulations, which are currently in draft form, are expected to be finalised later this month and come into force on 6 April 2015. The changes ... Full Article
india news Morocco - New opportunities for investments of companies based in Morocco By www.eversheds.com Published On :: 2015-05-06 Morocco - New opportunities for investments of companies based in Morocco By Jawad Fassi-Fehri In Morocco, measures aiming to make Casa Finance City (CFC) a financial continental platform are progressing. After the announcement by the African Develo... Full Article
india news AIFMD update: ESMA updates AIFMD Q&As and delays opinion on the extension of the AIFMD passport to non-EU entities By www.eversheds.com Published On :: 2015-07-23 Updated AIFMD Q&As The European Securities and Markets Authority (ESMA) has published an updated version of its Q&A paper on the application of the Alternative Investment Fund Managers Directive (AIFMD). This publication was released on... Full Article
india news AIFMD update: CSSF provides clarification on marketing and reverse solicitation By www.eversheds.com Published On :: 2015-08-20 The Luxembourg regulator, the Commission de Surveillance du Secteur Financier (CSSF) has provided guidance on the meaning of marketing and reverse solicitation under AIFMD. This guidance is to be welcomed, as there is no European-wide guidance on th... Full Article
india news New EU laws for marketing AIFs and UCITS: One step forward, one step back? By www.eversheds.com Published On :: 2018-03-15 On 12 March 2018, the European Commission (the “Commission”) published legislative proposals for new rules on marketing AIFs and UCITS comprising: a Directive on the cross-border distribution of collective investment funds (COM(2018) 92... Full Article
india news Leverage under the AIFMD: some rare guidance By www.eversheds.com Published On :: 2018-08-08 On 7 August 2018, ESMA published a letter from Steven Maijoor, ESMA Chair, to Gabriel Bernardino, EIOPA Chair. The letter addressed the question of whether ESMA would consider borrowing arrangements and derivative arrangements entered into by an Alt... Full Article
india news Authorised funds for hedge strategies By www.eversheds.com Published On :: 2019-11-14 When it comes to hedge strategies, onshore FCA-authorised fund vehicles may offer some unique advantages with fewer drawbacks than you might think. When it comes to authorised funds - as in a fund authorised as a product, by a regulator &ndas... Full Article
india news Show me the Money! - The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes By www.eversheds.com Published On :: 2019-12-11 The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes In September 2019, the Securities and Futures Commission of Hong Kong (the “SFC”) issued a Consultation Paper (available here) setting out its proposa... Full Article
india news 2020 - The year to get licensed - A new start for PE firms and family offices By www.eversheds.com Published On :: 2020-01-10 The Securities and Futures Commission of Hong Kong (“SFC”) issued two circulars on 7 January 2020 providing guidance on its approach to licensing private equity (“PE”) firms and family offices to carry out regulated activitie... Full Article
india news Hedge funds and UK management vehicles: a cheat-sheet for first-time managers By www.eversheds.com Published On :: 2020-01-21 The path to establishing a UK management entity for an offshore fund branches off in all manner of directions. One of the first crossroads faced by the first-time manager is the choice of UK management vehicle. Their decision has significan... Full Article
india news Lawbite: Faraday magnet for concerned developers? By www.eversheds.com Published On :: 2018-12-06 Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 Relevant background: The Court of Appeal has issued a decision that has rendered a development contract between a Council and a private developer for the regeneration of an indust... Full Article
india news Lawbite: Highly prized possession By www.eversheds.com Published On :: 2018-12-20 Farakh Rashid v Teyub Nasrullah (Acting as Executor of the Estate of the late Mohammed Rashid) [2018] EWCA Civ 2685 The Court of Appeal has decided that a registered owner of land can also be in adverse possession of the same land. The late Mohammed... Full Article
india news Lawbite: Can Brexit frustrate a lease? By www.eversheds.com Published On :: 2018-12-20 Canary Wharf (BP4) T1 Ltd v European Medicines Agency The impact of Brexit upon property disputes has not been wide ranging thus far. However, a case which is set for trial in the early part of 2019 may alter that position and potential... Full Article