Category Archives: Latest News

Coronavirus: Employee Rights

The coronavirus pandemic has had unprecedented impacts on employees’ rights, including the right to health and safety in the workplace and the right to be paid.

If you have been unfairly dismissed or your wages have been cut because you have refused to attend an unsafe workplace, read our more detailed article here.

Despite employers accidentally infringing, or even deliberately ignoring your rights to stay afloat in this chaos, your employment rights have not changed.

Can your employer force you to attend work if you are vulnerable, or a danger to a vulnerable person?

Your employer will be aware of your age, and assuming that they also know if you are pregnant, or suffer from a disability or ill health, then they will be open to proposals for you to work from home where possible or be put on the government furlough scheme. The deadline for new entrants to the furlough scheme (Coronavirus Job Retention Scheme) has now passed (except for parents on statutory maternity/paternity leave).

Your employer could be breaking the law in attempting to make you attend work, even if you live with someone in one of the above categories.

The law in relation to covid-19 is not entirely clear, however, we advise that employers attempting to force employees to attend work could be unlawful as doing so could subject you to one or more of the following;

Furlough Leave

Furlough leave (the Coronavirus Job Retention Scheme) is available to businesses affected by covid-19. The scheme allows employers to let you stay at home, as the government will pay 80% of your salary (up to £2,500 per month) until the end of August. In September, government contributions will be reduced to 70% and further reduced to 60% in October. 

Employers should agree with you in advance whether you are happy to accept only a percentage of your wage, or whether you insist on receiving the full 100% (with no upper limit). Your employer cannot just put you on the scheme without your agreement. However, if you don’t agree, employers can make you redundant. 

More detailed information and tactics for employees can be found in our practical guide on the furlough scheme.

Can you be dismissed for not coming to work because you are self-isolating?

If you refuse to work, your employer could start disciplinary action against you, but legally, they cannot dismiss you. Doing so would amount to automatically unfair dismissal under s.100 of the Employment Rights Act 1996.

An example of automatically unfair dismissal can be found in the case of Harvest Press Ltd & McCaffrey 1999 ILRL 778, despite not relating directly to the coronavirus pandemic.

Our more detailed guide on coronavirus unfair dismissals can be found on here.

Can your employer cut your salary?

As long as employers are justified in doing so, they can make cuts to your salary. Employers asking their employees to take a pay cut is something that we have frequently encountered during the coronavirus. It will be easy for your employer to justify implementing a pay cut, provided that they ask the same of other employees. 

Employers could also give you your notice and another contract of employment including the pay cut. If you do not agree to work under the new contract provided, your employer can terminate your employment once your notice period is over. 

The effects of coronavirus on the self employed

On the 29th of May 2020 the Chancellor announced a second grant for those who are self-employed and have been affected by the coronavirus. 

The first grant was available until 13th July 2020 and was worth 80% of average monthly trading profits, capped at £7,500 total.

Applications for the second grant closed on 17th August 2020 and was worth 70% of average monthly trading profits, capped at £6,570. 

Our article on the government scheme for the self employed outlines the scheme in more detail.

Are you entitled to pay if you are self-isolating due to coronavirus?

If you have been advised by your doctor or other medical authority to self-isolate, or have been experiencing symptoms, you are legally entitled to Statutory Sick Pay (SSP). You can obtain an isolation note online on the NHS 111 website.

If you are not sick yourself and want to self-isolate, you will not be entitled to SSP.

We advise that if you are a vulnerable person, for example with underlying health conditions or old, to obtain an isolation note online on the NHS 111 website, as current legislation does not entitle you to SSP.

Employers must conduct a risk assessment if you are pregnant. If it is deemed unsafe for you to attend work, you can be suspended on full pay. At this point, you will also be entitled to start your maternity leave, as long as it is within 6 weeks of your due date. Further details can be found in the legislation here.

You will be entitled to your usual pay if you can work remotely, as long as your employer agrees to this.

Any concerns that you have should be addressed with your employer to see if you can agree on the best way forward, before taking any action. 

This legislation is contained in The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020.

Are you entitled to pay if your employer tells you to stay off work?

If you have recently returned from a country badly affected by the coronavirus, or have had contact with someone with the virus, your employer will have a good reason to ask you not to attend work. If your employer does this, you will be entitled to your usual pay, as per your contract.

You will also be entitled to normal pay if your employer closes your place of work or reduces your hours. In these circumstances, your employer could put you on the furlough scheme, where the government will pay 80% of your salary whilst you are at home. 

(See S151 Social Security, Contributions and Benefits Act 1992 and S147-154 Employment Rights Act 1996 for relevant legislation)

What are your rights if you take time off work to care for dependents?

On 4th April 2020, the government announced extension of the furlough scheme (Coronavirus Job Retention Scheme) to people with childcare responsibilities due to covid-19 restrictions. Furlough is not an automatic right, so you must still come to an agreement with your employer about this, however, this is great news for parents. 

The automatic rights that you do have are set out in Section 57A-57B Employment Rights Act 1996. This legislation grants you a right to ‘reasonable’ time off work to care for dependents in an ‘emergency’ including circumstances here your dependents’ usual school/carers or other provider cannot operate due to covid-19 restraints. 

Unless you have an insurance policy or your employment contract provides for payment, time off in these circumstances will be unpaid. A ‘reasonable’ amount of time off will depend on your individual circumstances and your employer must consider your case without reference to possible disruptions or inconvenience it may cause the business. 

Undoubtedly the coronavirus pandemic is considered an emergency, so what is considered as ‘reasonable’ is a period of time ongoing, at least, until schools and nurseries re-open. Initially, you should ask for full pay or at least furlough leave.

If you get coronavirus, will you be entitled to sick leave and pay entitlements?

You will be entitled to your usual sick leave and pay entitlements if medical authorities suspect that you may have the virus or you have been diagnosed, just like any other sickness and sickness absence. 

(See S151 Social Security Contributions and Benefits Act 1992)

If you are made redundant due to covid-19 do you still have to be consulted by your employer?

Employers would normally have to consult for a period of 90 days before making over 20 employees redundant. However, during the coronavirus, employers will likely be able to cite ‘special circumstances’ so that this consultation period is compressed and the full 90day consultation is not necessary. In our opinion, consultations will still need to be carried out by employers, but for a reduced number of days. Failure to do so would be procedurally unfair dismissal.

Despite not being defined in statute, employers will also have a duty to consult when making less than 20 redundancies. This consultation period generally includes meetings and an opportunity for you to make reasonable input into the decision.

If you have been laid off due to the coronavirus but want to leave your job, can you choose redundancy?

If you have been laid off for 4 weeks in a row, or for 6 weeks in any 13 week period, you can write to your employer asking them to give you statutory redundancy payment as well as your notice pay. Where your employer does not respond, you will be able to resign and claim for statutory redundancy pay. In doing so, you will have to give notice as per your notice period (the longer period of either your contract or statutory notice period).

Next Steps

Monaco Solicitors have created a free Coronavirus Rights App which may be able to help if you have been affected by any of the situations outlined in this article. This app can provide you with an advice letter as well as two example letters to your employer, for free. 

Monaco Solicitors.

What is the Importance of Maritime Law?

Maritime law is a collection of laws and understandings that control and exercise the seas. The locale of law manages how people collaborate and cooperate on the waters of the world. Called the admiral’s office law, maritime law basically regulates practices on international waters. Regardless, there are extra laws that apply to the waters in and approach each country. Generally, every country applies its own laws to inland waters like lakes and streams.

In particular, these laws are alluded to as maritime laws. They go back to the antiquated occasions when transportation of merchandise and individuals by water was one of the oldest kinds of business. The early Egyptians, Phoenicians and Greeks, carried a lot of business in the Mediterranean Sea. It was back then when there was a need to create maritime rules. It is said that the oldest maritime code in the book was created on the island of Rhodes, Greece.

As indicated by Marine Insight, Jones Act went in 1920, alludes to maritime law for labourers and denoted a significant occasion in maritime history. The initiative was set to empower American sailors, as before this, they had no security or rights on the waters.

Over time, the principles of maritime laws were developed and refined. Although there are general maritime laws, every individual country operates under its own auspices and laws as each nation bases its own maritime law on the general international regulations with some modifications and qualifications that are deemed necessary as per the particular needs.

These maritime laws are not limited to the transportation of goods or people. They also involve how companies treat their workers, how the workers get paid or even how their protection is ensured while working onboard a vessel.

The four principles of maritime law are:

  • Maritime Safety
  • Navigation Security
  • Commercial Spirit and Preventing Contamination
  • Environmental Protection

In addition to the above, maritime law directs the implementation of agreements and normally makes arrangement for harms to parties who have endured some type of misfortune on account of a contracting party that has neglected to respect or act as per their understanding. Such a legally binding statement must be recognized from the principle of general average which contemplates the voluntary sacrifice made by the master of the ship in respect of cargo, equipment or funds in order to alleviate further misfortunes or harm in a crisis. The misfortune endured by parties is therefore shared among different parties who have partaken in the pertinent endeavour.

The exception of force majeure in contracts usually also exists which relieves a party from any liabilities or obligations whenever an extraordinary or unpredictable event occurs, such as a war, strike, or an “act of God.”

Think Before Spreading Rumours About Corona Virus In UAE

On the basis of the International Health Regulations, all signatory countries are responsible for co-operating and supporting each other by share legit information regarding the virus. Although, there are reports of recovery from this virus, it is essential to protect oneself as it can be potentially fatal to your health.

The Wuhan-nCov is a sort of coronavirus which is a particular kind of viral contamination normally causes sicknesses in mammals or birds. Coronavirus in creatures influences an assortment of species, including bats, snakes, steers, camels and cats, sometimes. Nevertheless, when the infection transforms it can and infects people as well. Coronavirus diseases normally lead to respiratory contaminations, which can demonstrate conceivably lethal.

The 2019 Wuhan coronavirus is infectious. It spreads through human transmission and represents a potential general wellbeing hazard in nations where the malady has been recognized. While coronavirus transmission relies upon various elements, including infection transformation and the individuals immunity, it can demonstrate terminal. The infection, when contracted, can cause genuine lower respiratory tract sickness, bronchitis and pneumonia.

Based on reports all around the world, it is established that detecting the virus in any humans body from its symptoms is difficult as the symptoms are closely similar to a normal cold and flu. Similar symptoms are cough, fever, sore throat, headaches and body pain or in some cases respiratory issues and diarrhoea.

Virus Out-Break in UAE

It was later confirmed by the UAE Government, the out-break of Coronavirus in the world and governments constant efforts to liaise with the Chinese government to prevent further unfurl of this virus. In the presence of this rampant virus, the government of UAE and UAEs Health Authority has used several precautionary measures to deal with the virus as follows:

Spreading awareness on the air gateways especially from flights coming from China

Preventing patients suffering from Coronavirus to leave hospital premises at any given point in time, this is strictly directed by the Ministry of Health and Health Authority of each respective Emirate.

Screening of all individuals coming from other countries to Dubai or Abu Dhabi airport and especially for individuals coming from China.

Undertaking potential test and treatment protocols to comprehend potential risks of Corona Virus and providing immediate treatment for patients suffering from the same.

Flights to and from China or Beijing has been suspended until the end of March 2020.

To instruct all hospitals to take Coronavirus patients as emergency cases and to treat them free of cost, in case they dont have health insurances.

It is has been confirmed by the Ministry of Health that around 8 cases have been registered of Coronavirus and the number might change when you get to read this article. The afore-mentioned precautions are approved by the World Health Organization to prevent further spreading of this disease.

Spreading Rumors

Whilst the government is supporting the patients suffering from the virus and preventing further turmoil, it is ordered by the government to all the individuals residing within the country to spread fake rumours about coronavirus. Wherein, rumours include providing misleading information or circulating unverified information.

Free Web Content

Importantly pursuant to the Cybercrime Law (Federal Law Number 5 of 2012) any rumour, fake information or misleading videos spread by any resident of UAE shall face legal consequences in the country. It is very pertinent to not have a laid back approach on this topic, although it is not an epidemic, yet it is necessary to avoid this disease and act accordingly.

Tips on new Foreign Direct Investment Law

Lawyers of Dubai believe that the right step in a positive direction to enhance UAE’s economy in the international market. The introduction of 100% ownership in several business sectors for on-shore entities is a significant decision to stride towards positioning UAE as the hub for international investors.

Understanding the Law

According to Article 6 of the Law, the Cabinet of UAE will establish a Foreign Direct Investment Committee (FDI Committee) who will draft a list of areas wherein the Cabinet can approve a higher level of FDI. Subsequently, the Committee shall consider the following notable points prior to elucidating the areas:

  • Profit maximization to the UAE economy;
  • Enhancing job opportunities;
  • Investors; competency requirements;
  • Strategic planning;
  • Optimal usage of modern technology;
  • Prerequisites for a foreign investor to claim a higher level of ownership;
  • Capital requirements;
  • Minimum shareholding of UAE nationals.

Nonetheless, the freedom of 100% ownership or high level of shareholding will not be granted to foreigners in certain restricted sectors which forms the part of the negative list as follows:

  • Banking sectors;
  • Insurance service providers;
  • Oil and gas exploration or production;
  • Specific recruitment sectors;
  • Transportation by land or air;
  • Military, investigation or security;
  • Printing or publishing;
  • Agencies;
  • Services for pilgrimage;
  • Water and electricity.

How to apply?

The Law under Article 10 provides for the procedures and guidelines needs to be followed to apply for increasing the foreign ownership under the permitted sectors. Upon submitting the application offered by the authority, the committee shall review the same within 5 working days from the date of submission. If approved, the Department of Economic Development will issue the appropriate license and will record the application in the FDI registry. However, if rejected, the applicant has the authority to raise an objection before dispute resolution established by the FDI Committee.

Activities not in the List

Another significant provision in the Law is for the activities which are not mentioned in the list. Any prospective FDI project is not mentioned in the positive list, the applicant may submit an application post receiving the support of Local government, to the FDI Committee and Ministry of Economy.

Remarks

The wave of significant amendments and introduction of New Law is plausible to increase foreign direct investment within the UAE considering the forthcoming expo 2020. The possibility of holding 100% ownership within UAE mainland companies will increase the number of on-shore companies and will remove the primary backdrop of ownership in onshore companies. The new Law is in harmony with the UAE Companies Law. Moreover, it is a step further sets out the legalities of higher ownership. UAE’s FDI is advancing to cultivate a progressively favourable environment which entices international investors and the new FDI Law further portrays the effort of the UAE government to strive towards the goal of enhancing economic position. Law No. 19 of 2018 will support speculator certainty and thus allure FDI development in specific divisions explicitly focused on.

Are you aware of New Electronic Arrests In UAE?

The concerned Law is in line with the new Penal Code of UAE (Federal Decree-Law number 17 of 2018 amending Federal Law number 35 of 1992) allowing for confinement of accused in a specific area that is either his place of residence or other space authorized by the criminal court. The Criminal Lawyers of Dubai will thus, enlighten the readers regarding the nitty-gritty of the Law for a better understanding.

According to Article 1 of the Law, the public prosecutor or the criminal court has the authority to offer this other electronic detention to prisoners against whom a final judgment has been issued or any accused in a criminal matter whose hearing has been adjourned by the court. The electronic device or transmitter will provide information concerning the whereabouts of the concerned accused and will notify the authority if the accused move out of the permissible territory limits. To be more precise, the Law allows the Public prosecutor or criminal court to offer electronic detention under three circumstances as follows:

  1. In matters of temporary arrest, the court instead of ordering provisional arrest may order for automatic detention;
  2. In other cases, the court may at its discretion order for such electronic monitoring;
  3. In cases where the accused has finished half period of his detention according to judgment, the court may allow him to finish his further arrest through electronic monitoring.

In addition, the Law allows different ways to the Ministry of Interior to monitor the whereabouts of the accused through transmitter and Ministry can utilize different procedures and application to supervise his movement such as GPS or by inputting directions of his house as according to Article 3 of the Law. Accordingly, the Ministry of Interior is responsible for establishing a database containing all relevant information about the accused’s movement at a federal or state level.

The Law further confirms the different qualities of the electronic device under Article 5 as follows:

  1. The method is not at all harmful for the accused;
  2. Emirates Authority has certified it for Standardization and Metrology;
  3. It will not restrict the accused from performing his regular duties;
  4. Will ensure his privacy at all times;
  5. It guarantees the confidentiality of the data or any information of the accused.

Another significant provision of the Law is Article 10 highlighting the duties of the accused under electronic detention which are as follows:

  1. The accused is not allowed to remove the transmitter without prior permission of the public prosecutor;
  2. He/she must immediately report the federal prosecutor through the Ministry of Interior for any amendments in his accommodation or job change;
  3. The prisoner must update the public prosecutor through the Ministry of Interior if he/she wishes to visit another house for more than 15 days;
  4. He/she must at all times respect the orders of the public prosecutor;
  5. He or she must appear before the federal prosecutor whenever called for;
  6. The accused shall not cause any damage to the machine;
  7. The accused has no right to travel outside the country unless authorized by the court, and if he is, he shall inform the public prosecutor once he is back in the country.
Find Article

It is pertinent to note that should the accused fails to obey the orders of the Public prosecutor or the criminal court, the Ministry of Interior will draft a report on the accused, and the public prosecutor shall take relevant actions on the accused.

Can a child be held criminally liable?

The concerned Law is in line with the new Penal Code of UAE (Federal Decree-Law number 17 of 2018 amending Federal Law number 35 of 1992) allowing for confinement of accused in a specific area that is either his place of residence or other space authorized by the criminal court. The Criminal Lawyers of Dubai will thus, enlighten the readers regarding the nitty-gritty of the Law for a better understanding.

According to Article 1 of the Law, the public prosecutor or the criminal court has the authority to offer this other electronic detention to prisoners against whom a final judgment has been issued or any accused in a criminal matter whose hearing has been adjourned by the court. The electronic device or transmitter will provide information concerning the whereabouts of the concerned accused and will notify the authority if the accused move out of the permissible territory limits. To be more precise, the Law allows the Public prosecutor or criminal court to offer electronic detention under three circumstances as follows:

  1. In matters of temporary arrest, the court instead of ordering provisional arrest may order for automatic detention;
  2. In other cases, the court may at its discretion order for such electronic monitoring;
  3. In cases where the accused has finished half period of his detention according to judgment, the court may allow him to finish his further arrest through electronic monitoring.

In addition, the Law allows different ways to the Ministry of Interior to monitor the whereabouts of the accused through transmitter and Ministry can utilize different procedures and application to supervise his movement such as GPS or by inputting directions of his house as according to Article 3 of the Law. Accordingly, the Ministry of Interior is responsible for establishing a database containing all relevant information about the accused’s movement at a federal or state level.

The Law further confirms the different qualities of the electronic device under Article 5 as follows:

  1. The method is not at all harmful for the accused;
  2. Emirates Authority has certified it for Standardization and Metrology;
  3. It will not restrict the accused from performing his regular duties;
  4. Will ensure his privacy at all times;
  5. It guarantees the confidentiality of the data or any information of the accused.

Another significant provision of the Law is Article 10 highlighting the duties of the accused under electronic detention which are as follows:

  1. The accused is not allowed to remove the transmitter without prior permission of the public prosecutor;
  2. He/she must immediately report the federal prosecutor through the Ministry of Interior for any amendments in his accommodation or job change;
  3. The prisoner must update the public prosecutor through the Ministry of Interior if he/she wishes to visit another house for more than 15 days;
  4. He/she must at all times respect the orders of the public prosecutor;
  5. He or she must appear before the federal prosecutor whenever called for;
  6. The accused shall not cause any damage to the machine;
  7. The accused has no right to travel outside the country unless authorized by the court, and if he is, he shall inform the public prosecutor once he is back in the country.
Article Search

It is pertinent to note that should the accused fails to obey the orders of the Public prosecutor or the criminal court, the Ministry of Interior will draft a report on the accused, and the public prosecutor shall take relevant actions on the accused.

How do legal consultants in Dubai see cryptocurrency?

Financial consultants, bankers and investors usually fail to understand the true concept behind investment in cryptocurrency, and yet we cannot blame them for unsolicited information available through varied platforms.

Thus, Corporate Lawyers of Dubai will walk you through the whole path of cryptocurrency from its emergence until now.

The term Bitcoin, Cryptocurrency and blockchain were peculiar for the world until Satoshi Nakamoto an unrecognized inventor of Bitcoin announced in late 2008 about Electronic Cash System. The concept flooded in world’s market like rapid fire and investors around the globe built a crypt currency market for buying and selling. UAE was also unknown and unfamiliar to this concept until the tides of elevated profit hit the market as compared to the current picture where world’s first cryptocurrency deep “cold storage” entities are established and functioning in UAE.

The Definition

It is an innovation and a virtual currency that uses cryptography, a procedure to convert legitimate information into an unbreakable code in order to track buyers and sellers. The need for such secure communication arose and evolved in the digital era with the aid of a secure online platform. This currency is operated by way of blockchain technology in contrast with fiat currency where one authority such as central bank regulates the currency. Cryptocurrency seeks their validation from a decentralized system wherein an investor participating in the process can seek verification. Particularly, Nakamoto benefitted the process of blockchain technology and created the infamous Bitcoin.

Laws of UAE regulating Cryptocurrency

FSRA-ADGM (Financial Services Regulatory Authority of Abu Dhabi Global Market) was the first in line to issues guidelines and regulations in relation to activities of buying and selling Cryptocurrency. The guidelines were regarding the regulation of Initial Coin Offerings (ICO) and virtual currencies wherein, the public at large can purchase and sell Cryptocurrency. FSRA-ADGM will determine the specific commodity on the case to case basis. The objective of ADGM regulations if to increase transparency and to restrict money-laundering activities and to combat financial terrorism.

Inspired by ADGM regulations, DMCC (Dubai Multi Commodity Authority) has provided an opportunity for investors to incorporate a business of trading in Cryptocurrency. However, companies would only be allowed to trade on their own behalf. Accordingly, such companies can establish the world’s first Cryptocurrency deep “cold storage” cellar.

In an offer to become a pioneer in blockchain innovation, the UAE has propelled the UAE Blockchain Strategy 2021, as per which half of the government exchanges will be directed utilizing blockchain innovation by 2021. To consolidate its vision, rules and regulations on the utilization of crypto resources, including cryptographic forms of money, have recently been issued.

Prior to the issuance of ADGM regulations, the Central Bank of UAE in 2017 promulgates a regulatory framework regarding the Electronic Payment System entailing all virtual currencies and transactions being restricted, setting a high alarm in UAE market. However, post receiving an unsatisfactory review, the governor of Central Bank clarified that the regulations would not be applicable to Cryptocurrency. In spite of this confirmation, UAE still awaits for legalized regulations which one may resort to in order to understand the validation of cryptocurrency or to seek a claim against frauds in virtual currency.

Crypto Fraud and Future

The dubious behaviour and presence of Cryptocurrency in the market make it treacherous for investors as it can turn out to be Ponzi scheme to steal money. The basic ideology behind Cryptographic money makes it arduous to prevent theft as any crypto asset is stolen cannot be traced and returned to the original investor. From past a decade, we have come across numerous hacks and scams in a crypto world wherein; Coin Check was the world’s biggest crypto theft. Cryptocurrency is a bubble or a market; we are yet to confirm that stand. Nonetheless, it has offered the opportunity to billions of users’ entrance to the financial market who otherwise did not even had a bank account as they fail to meet the relevant criteria to open a bank account. The current position of Cryptocurrency in UAE is grey, and the future as of now is colourless. Numerous nations have initiated to issue guidelines to control the buying and selling of Cryptocurrency and to prevent the unauthorized usage and avoid financial frauds.

Everything You Need to Know About Employment Lawyers in Los Angeles

By and large, the employment law in the US is state-specific, which means hiring a lawyer specializing in the domain must be well-versed about the rules and regulations relating to employment in the state is vital. On the other hand, the legal terminology is critically tough to understand, which is where employment lawyers in Los Angles can assist by explaining the terms or jargon used in various areas like its legislation, handbooks, and or legal documents concerning employment.

Key Functions

An employment lawyer helps by advising both employees as well as employers regarding state and federal laws as per the necessity of the client and especially as they’re being violated. Employment lawyers ensure that employees in the particular state are fairly treated in a lawful manner and employers adhere to the compliances with the legal guidelines in their workplace.

Employment lawyers in Los Angeles usually draft and analyze employee handbooks, assist in regard to wage laws, issues, rights and disputes to represent on behalf employees before the Equal Employment Opportunity Commission and also provide guidance on the legal rights of employees’ and verify if such rights are violated.

Employment lawyers’ deal with employment related legal issues that include

Wrongful termination;

Workplace discrimination;

Contract violence;

Sexual harassment and

Whistleblower protection;

Many attorneys represent on behalf of employees, especially those who are not members of any union or basically helpless in situations whereas employers undertake unlawful actions making employees vulnerable.

When to Hire an Employment Lawyer

(From employee perspective)

Employers often undertake different illegal actions putting employees at risk. Under such circumstances, you consider hiring employment lawyers in Los Angeles.

•  You’ve been harassed, penalized, discriminated, or sexually harassed by the employer.

•  You’ve been fired or terminated by the employer while the termination has been illegal (as you assume)

•  You’re being forced by the employer for signing an agreement that waives your rights that you’re entitled to.

•  The employer forces you to work in a toxic work environment

•  Whereas the employer has violated federal or state employment laws posed to defend employees.

•  The employer hasn’t provided the benefits or promotion that you are entitled to according to the employment agreement.

•  Make sure to get in touch with an employment lawyer right away to discuss the issue. Mind well, your delay in contact could stop you from establishing the unlawful conduct of the employer and prevent you from recovering your damages.

When to Hire an Employment Lawyer

(from an employer perspective)

A specialized employment lawyer can help you in terms of various employment and labor issues. They educate employers regarding state/ federal labor laws and make sure if the employer complies with such laws.

Contact an employment attorney whereas:

•  You are in need of representing regarding group bargaining and negotiations.

•  If an employee files a charge of harassment, discrimination and or revenge against you

•  Whereas an employee has charged you regarding deprival or any employment related issue.

•  You’re having a plan to dismiss, demote or fire a group of employees, modify the existing pension plan, benefits that you’re offering.

Knowledgeable employment attorneys in Los Angeles can suggest to you regarding the legal issues and disputes according to the legal provision, rules, and guidelines relating to the matters. They can review and help you by preparing job agreements and contracts that you can deploy with your employees (staffing agreements, severance contracts, and dismissal and so on.

Tips to Hire a Sexual Harassment Attorney

Victims of sexual harassment in the workplace can face a number of problems. They can find it difficult to focus on their work. They may be under extreme duress. Their work and personal life can suffer a setback.
Sexual harassment is a serious offense and victims need not suffer in silence. There are sexual harassment attorneys who can help you in such cases.

Here’s how to hire a sexual harassment attorney.

Conduct an online search.

It is important to hire a local attorney to handle sexual harassment cases. Laws pertaining to sexual harassment at the workplace may differ from one state to another. So, it is important that you hire a qualified and experienced attorney based in your local area.

Online searches can help you greatly in this regard. Try using search keywords that include your location. For instance, use sexual harassment attorney in Los Angeles, CA if you want one in this city. Such searches will help you find names and websites of leading attorneys in your area who practice in the area of sexual harassment in the workplace.

Check the experience of the attorneys.

Now that you have the names of sexual harassment attorneys in your area with you, it is time to check their experience under this practice area.

Check the websites of the lawyers and see if they have sufficient experience in handling all aspects of the employment law including sexual harassment cases. It is best to choose an attorney who specifically focuses on employment laws rather than many different practice areas.

Employment laws keep changing and lawyers practicing in this area need to keep pace with them. Sexual harassment cases can also be tricky as often victims are not able to provide sufficient evidence to help their case. But experienced attorneys can find a way to help the victims.

Check other credentials.

Other than the experience of the attorneys, it is also important to pay attention to their credentials. It is best to hire a reputed lawyer who is known to help the victims.

Read about their education and training. Check if they are members of their professional associations. Read about the awards and recognition they have received over the years.

Schedule a free consultation.

Reputed lawyers always offer a complimentary evaluation of cases to their prospective clients. It is in your interest to schedule to utilize these complimentary consulting sessions to see if your case has a chance.

Many sexual harassment victims are not sure how to proceed with their case. They may be even afraid to file a case against the perpetrator. You discuss your case with the lawyers. They can guide you about the next steps to take. They can also let you know if they can take your case or not. You can also inquire about their fee at this time.

DUE DILIGENCE: Importance In Acquisition

We can list numerous corporations who rushed into professional marriages without performing legal due diligence or reviewing the corporate structure and relevant documents of the company.

An acquisition transaction is one of the most appropriate decisions taken by a company which frames the future of any organization. Thus, careful due diligence into the financial reports of the target company holds utmost importance.

Legal due diligence of a corporate entity is often a lengthy and a cumbersome task, which can significantly impact the timeline of the project. In any merger or acquisition, parties are usually concerned about the time frame and desire to finish the transaction at the earliest. The Corporate Lawyers of UAE will highlight certain important aspects of due diligence in any merger or acquisition transaction under UAE laws.

Epitome of Due-Diligence

In any Merger or Acquisition transaction, it is advised to evaluate the strengths and weaknesses of the project as well as the target company and its sister companies prior to finalising the deal. The objective of the concerned exercise to obtain all relevant and up-to-date information of the target entity and to understand the significant shortcomings of the company which were earlier not apparent. It can further assist in understanding the financial or legal consequences that might hinder the future growth of the company or can impact the return on investment.

Legal due diligence mostly conducted by Corporate Lawyers of Dubai will comprise of financial and legal review of the targeted company. Wherein, the financial analysis is usually performed by financial experts, and qualified Corporate Lawyers undertake the legal review. In any legal due diligence, lawyers tend to review structure of the company, corporate documents, trade licenses, management structure, power of attorneys, corporate agreements, financial liabilities, employment contracts, outstanding debts, internal policies, insurance agreements or policies, movable and immovable assets, mortgages, loans, corporate and commercial litigation and list goes on. As mentioned above, the ultimate objective of this exercise to prevent the acquiring company from any future casualties post taking over the target company.

The scope of due diligence exercise vary in each transaction, and it will rarely be general and covers all aspects of the company related to the sale. It is less likely that the due diligence review will be limited in scope as it involves review of all significant issues pertaining to the company which might impact the merger or acquisition transaction. It further depends upon the organization structure and the business of the target company that can either be retail, construction, telecommunication or any other activity. In each of the companies, the lawyers have to review the business structure, assets in order to determine the shortcomings of the company and how to improvise such deficiencies. There is a direct nexus between the size of the company and the extent of due diligence review as for a small acquisition transaction does not require extensive due diligence review. However, in a significant acquisition transaction, a thorough investigation of documents is required for in-depth knowledge of target-company.

For instance, in an acquisition transaction between companies providing professional services, the due diligence review will entail reviewing the competence of employees and their contract, determining the licenses obtained by the company, goodwill in the market, intellectual property registration, contracts entered by the company. Whereas, if the target company is sale oriented then it is likely to review the goods purchased and sold, outstanding debt in the market, movable and immovable assets of the company, machinery, factories, additional permits and licenses.

The Procedure

The target company in an acquisition transaction is obliged to provide every relevant document of the company which can affect the acquisition transaction or which is necessary for acquiring the company to review before finalising the deal. The seller will create a data room either online or physical through which they can offer all the relevant documents to the company or their legal representatives. It is essential for the target company to provide all documents otherwise the process and timeline will unduly increase delaying the transaction unnecessarily.

Timeline for Review

The schedule for finishing any due-diligence review is directly correlated to the size of the transaction and the number of documents made accessible for the survey. The seller will either required to provide copies of all documentation or create an information room and give adequate access to it to the legal advisors, bookkeepers and different experts surveying the literature for the buyer. The seller ought to likewise provide answers to inquiries raised by the buyer’s consultants amid the survey that emerges out of the documents submitted. In such circumstances, the process can be completed within a standard time frame. The course of events will undoubtedly be expanded where a seller isn’t adequately helpful and is hesitant to give materials, and data asked for or neglects to do as such quickly. For giant acquisition transaction, parties split up the review into several stages where each stage entails an analysis of specific documentation. Accordingly, the parties can fix a timeline for each step and all the stages can be either co-dependent on each other and can be separated at the same time.

Advantages

Legal due diligence offers an opportunity to the party to determine the assets, liabilities, market standing, internal structure, management of the target company before finalizing the deal in order to understand the future legal and financial repercussions. It is most beneficial for the purchasing company to determine the current status of the target company and the amount of further investment required in the company. On the basis of the due diligence report, the buyer will be able to analyze the transaction completely and will be able to understand the advantages and disadvantages of acquiring the company. It also opens an opportunity for the buyer to check whether the price offered for the acquisition is up to the standards of the company or will there be a room for negotiations.

It further allows the seller to provide an opportunity for the buyer to remedy if there is any deficiency prior to the transaction. It is always prudent to conduct the due diligence review before the transaction to have complete information prior to signing the deal.

Concluding Remarks

Legal Due diligence in an acquisition transaction is a pivotal step which evaluates the risks involved in the transaction by reviewing the relevant corporate documents of the target company. The exercise will aim to inform the buyer about the true features of the company targeted which subsequently guarantees that necessary precautions are taken while arranging and finalizing the acquisition transaction. As of late, there has been a pattern increasingly more towards gatherings acquiring guarantee insurance to alleviate the dangers related to M&A transactions. Subject to specific prohibitions, this protection will safeguard the parties against costs related to defaults in the due diligence procedure by either party failing to provide relevant documentation. Nevertheless, due diligence review is of the most important part of an acquisition transaction, if carefully undertaken by best Corporate Lawyers in UAE.