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PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Finland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 20232). Authors: Kalliolaw Asianajotoimisto Oy—Pekka Kiviniemi; Kalliolaw Asianajotoimisto Oy—Anni Santanen 1. What are the main statutes and regulations relating to employment? The main statutes are: • the Employment Contracts Act (55/2001); • the Working Hours Act (872/2019); • the Collective Agreements Act (436/1946); • the Act on Cooperation within Undertakings (1333/2021); • the Occupational Safety and Health Act (738/2002); • the Occupational Health Care Act (1383/2001); • the Act on the Occupational Safety Personnel Register (1039/2001); • the Act on the Protection of Privacy in Working Life (759/2004); • the Annual Holidays Act (162/2005); • the Workers' Compensation Act (459/2015); • the Trade Secrets Act (595/2018); • the Security Clearance Act (726/2014); • the Non-discrimination Act (1325/2014); • the Act on Posting Workers (447/2016); • the Aliens Act (301/2004); and • the Young Workers' Act (998/1993). 2. Is there any law prohibiting discrimination or
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Norway published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Homble Olsby | Littler—Tore Lerheim; Ole Kristian Olsby 1. What are the main statutes and regulations relating to employment? Most employment contracts are regulated by the Working Environment Act. For employees in the central government sector, the Civil Service Act of 2017 contains specific rules on, inter alia, protection against dismissals. Collective agreements are an important part of employment regulation in Norway. The rules governing collective agreements and collective labour relations in Norway are found mainly in the Labour Disputes Act and the Public Service Labour Disputes Act. Other important statutes relating to employment include: • the Vacation Act; • the National Insurance Act; • the Personal Data Act; and • the Equality and Anti-Discrimination Act. 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? The Working Environment Act and
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Australia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: People + Culture Strategies—Joydeep Hor 1. What are the main statutes and regulations relating to employment? The Fair Work Act 2009 (Cth) (the FW Act) is the principal statute governing the employment of the majority of Australian employees, although some public-sector workers sit outside this coverage. The FW Act contains the National Employment Standards, as well as provisions regulating modern awards, enterprise agreements, minimum wages and other terms and conditions of employment, and the processes for challenging terminations of employment. The FW Act operates in conjunction with other federal, state and territory legislative schemes relating to areas such as work health and safety and non-discrimination. An individual's employment may also be regulated by applicable industrial instruments, such as a relevant modern award or enterprise agreement. Modern awards are determined and reviewed by the Fair Work Commission (the FWC) and provide a safety net of minimum
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to financial services litigation in South Korea published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: Kim & Chang—Jin Yeong Chung; Cheolhee Park; Sun Yul Lee 1. What are the most common causes of action brought against banks and other financial services providers by their customers? As is the case in many other jurisdictions, banks and financial services providers have a general duty under article 46 of the Financial Investment Services and Capital Markets Act (FSCMA) to protect their customers when selling financial products or managing financial products on their behalf. Actions most commonly brought against banks and other financial services providers by their customers are claims for damages based on allegations of a breach of that duty. Before making sales, financial services providers are required under article 46-2 of the FSCMA to provide questionnaires to their customers to ascertain their investment experience and goals, which they are required to analyse to determine their suitability. Article
PRACTICE NOTES
This glossary explains many of the terms commonly used in the restructuring & insolvency market. Terms contained in the definitions themselves that are in bold are defined elsewhere in the glossary. A Article X The MLIJ includes one provision called Article X that is intended to be added by countries which have already implemented the MLCBI, such as England, or are considering its adoption. Article X provides that: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) Security supported by assets such as loans, leases and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ became known as ‘assimilated law’. The body of domestic law derived originally from EU obligations and established by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) as retained EU law is, from 1 January
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Poland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: BKB Baran Książek Bigaj—Daniel Książek; Paweł Krzykowski; Wojciech Bigaj 1. What are the main statutes and regulations relating to employment? The Labour Code is the primary source of labour law in Poland. Under the Labour Code (https://dziennikustaw.gov.pl/DU/rok/2020/pozycja/1320), the term 'labour law' includes the provisions of the Labour Code and other acts of law and implementing provisions that define the rights and obligations of employers and employees, as well as the provisions of collective bargaining agreements and other collective arrangements, and regulations and charters based on the Labour Code that set out the rights and obligations of the parties to an employment relationship. 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? The Labour Code explicitly prohibits discrimination and harassment in employment. With regard to the prohibition of discrimination,
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Bozoglu Izgi Attorney Partnership—Mehmet Feridun İzgi; Necdet Can Artuz; Simge Kublay; Mehmetcan Tugrul Demir 1. What are the main statutes and regulations relating to employment? The most fundamental regulations of labour law in Turkey are contained in the following primary legalisation and their respective secondary legislation: • Constitution of the Republic of Turkey; • Labour Law No. 4857; • Maritime Labour Law No. 854; • Law on the Regulation of Relationships Between Employees and Employees in the Profession of the Press No. 5953; • Unions and Collective Bargaining Law No. 6356; • Turkish Code of Obligations No. 6098; • Occupational Health and Safety Law No. 6331; • Labour Courts Law No. 7036; • Social Security and General Health Insurance Law No. 5510; • Unemployment Insurance Law No. 4447; and • National and Public Holidays Law No. 242. 2. Is there any law prohibiting
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Belgium published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2023). Authors: Van Olmen & Wynant—Chris Van Olmen 1. What are the main statutes and regulations relating to employment? Belgian employment law is largely uncodified, except for the Health and Safety Code and the Social Penal Code. Therefore, most employment law is laid down in separate federal acts and executive royal decrees, the most important of which is the Act of 3 July 1978 on Employment Agreements. Further, although most employment law matters are considered at the federal level, some matters have been delegated to the regions (ie, Brussels, Flanders and Wallonia), including international employment (eg, work permits for foreign citizens) and job placement services. Specifically, social partners (ie, trade unions and employers' organisations) have the competence to set out binding rules in national and sectoral collective bargaining agreements (CBAs). These agreements are usually declared universally applicable. Therefore, national CBAs are an important part of Belgian
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in United Kingdom published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Morgan, Lewis & Bockius LLP—Lee Harding; Matthew Howse 1. What are the main statutes and regulations relating to employment? The main statutes relating to employment are the Employment Rights Act 1996, the Trade Union and Labour Relations (Consolidation) Act 1992 and the Equality Act 2010. There are also several other employment laws and regulations in the United Kingdom. Although employment law in Scotland and Northern Ireland is very similar to that which applies in England and Wales, there are some differences, particularly in Northern Ireland concerning discrimination law. 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? In the United Kingdom, anti-discrimination legislation in the form of the Equality Act 2010 prohibits discrimination across nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (which
GLOSSARY
For the purposes of corporation tax, 'qualifying corporate bond' means any asset representing a loan relationship of a company (for purposes other than those of corporation tax references to a qualifying corporate bond is to be construed in accordance with the provisions of the Taxation of Chargeable Gains Act 1992 (TCGA 1992), ss 117, 117(1).
GLOSSARY
Assignments can occur in equity when any of the requirements of legal assignment are not satisfied.
GLOSSARY
Has the same meaning as in Article 4.1(21) of MiFID II, namely a multilateral system operated and/or managed by a market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments (in the system and in accordance with its non-discretionary rules) in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules and/or systems, and which is authorised and functions regularly and in accordance with Title III of MiFID II. Under Article 56 of MiFID II, ESMA is required to maintain a register of regulated markets in the EEA, which it does in its MiFID/UCITS/AIFMD entities register. A list of the UK regulated markets can be found on the FCA’s Financial Services Register.