This article was written by Amelia Berman, an associate at Norton Rose Fulbright South Africa
While countries in the northern hemisphere are currently enjoying their long summer holidays, we South Africans are facing a cold (and unusually wet) winter wishing that we could borrow a practice from the United Kingdom and the United States and
Before 1998, employees in the UK had no statutory right to holiday leave from work, paid or unpaid. Their rights to holiday were entirely dependent on the terms of their contract of employment. However, when the Working Time Regulations (WTR) came into force in October 1998, all that changed. Irrespective of what it said in
This post was co-written by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London)
The European Court of Justice (the ECJ) has handed down a controversial and potentially costly judgment for employers, holding that commission payments should be taken into account for the purposes of calculating statutory holiday pay under Article 7 of the Working
Working Hours
PRC law recognises three categories of working hour systems: (i) the Standard Working Hour System; (ii) the Flexible Working Hour System; and (iii) the Comprehensive Working Hour System. Each system varies in its applicability to employment positions and industries within the PRC.
The Standard Working Hour System provides that an employee may work
The legitimacy of paying an employee a loaded wage rate inclusive of a value for annual leave (meaning that any annual leave taken will then be unpaid), has been the subject of recent debate.
On 29 November 2011, the Fair Work Commission (the FWC) handed down its decision in Mr Irving Warren; Hull-Moody Finishes