#due to ongoing contractual breaches

[jessieren]

As @librawritesstuff has already pointed, owing to ongoing contractual breaches by you know who we are out of new HNW content

So here's three of my 'greatest hits' instead

[robertharrisjhkelly]

Legal Considerations for Electrical Contractor Acquisitions

Acquiring an electrical contracting business can offer significant advantages, including expansion opportunities and entry into new markets. However, these transactions come with various legal challenges that must be carefully addressed to ensure a successful transition. Navigating the complexities of contracts, licensing, labor regulations, and environmental compliance requires a solid understanding of the legal landscape. This article explores the critical legal considerations involved in acquiring an electrical contractor and provides insights into how to manage them effectively.

Reviewing Licensing and Regulatory Compliance

One of the most fundamental legal considerations in acquiring an electrical contractor is ensuring the company holds the necessary licenses and certifications to operate in its jurisdiction. Electrical contracting businesses must comply with state-specific licensing requirements, which often include separate permits for the industry and individual electricians employed by the company.

Before finalizing an acquisition, buyers must verify that all licenses are valid and current. If the contractor operates in multiple states, the acquiring company must comply with each state's licensing regulations. Additionally, new ownership may require transferring or issuing certain licenses, depending on the state's laws. Failure to maintain proper licensing can result in significant fines, legal penalties, and operational disruptions, making this one of the most important legal aspects of the acquisition process.

Examining Contracts and Project Obligations

A key legal aspect of acquiring an electrical contractor involves reviewing the company's contracts. These contracts often include agreements with clients, suppliers, and subcontractors, which can have legal implications during and after the acquisition.

Buyers should conduct a thorough review of the company's contractual obligations to determine whether there are any risks or liabilities associated with ongoing projects. This includes understanding payment terms, performance obligations, deadlines, and any clauses related to breach of contract. Additionally, certain contracts may have provisions that trigger renegotiation or termination upon a change in ownership, so it is essential to assess the impact of these clauses on the acquisition.

Any legal disputes or claims related to these contracts should also be examined closely, as they could represent a potential liability for the acquiring company. Addressing these issues during due diligence can help buyers avoid unexpected legal challenges after the acquisition.

Labor and Employment Law Compliance

Labor law compliance is another critical area in electrical contractor acquisitions. Electrical contractors must comply with federal and state labor regulations related to wages, benefits, employee classification, and workplace safety. One of the most significant risks in this area is the need for more workers, particularly when independent contractors or subcontractors are used.

Buyers should review the target company's employment practices to ensure compliance with the Fair Labor Standards Act (FLSA) and other relevant labor laws. This includes verifying that employees are classified correctly and that all wage and hour laws are being followed. Additionally, the buyer should ensure that the company provides proper workers' compensation coverage, health benefits, and retirement plans by state and federal regulations.

Buyers must also review any collective bargaining agreements (CBAs) if the company employs unionized workers. These agreements govern unionized employees' wages, benefits, work conditions, and dispute resolution. Failure to comply with union agreements or labor laws could result in legal disputes, fines, and operational disruptions.

Addressing Occupational Safety and Health Compliance

Occupational safety is a major legal consideration in the electrical contracting industry due to the inherent risks associated with electrical work. The Occupational Safety and Health Administration (OSHA) enforces strict safety regulations that electrical contractors must follow to protect workers from potential hazards.

Before acquiring an electrical contractor, buyers should review the company's safety record and ensure it complies with all relevant OSHA regulations. This includes examining whether the company has received any safety citations, fines, or penalties and determining whether corrective actions have been taken.

Buyers should also evaluate the contractor's safety policies and procedures to ensure they align with industry best practices. Post-acquisition, additional safety training or updated safety protocols may be necessary to maintain compliance and avoid legal liability for workplace accidents.

Environmental Compliance and Legal Liabilities

Electrical contractors often engage in projects that involve environmental risks, such as handling hazardous materials or working near sensitive areas. Compliance with environmental regulations is essential to avoiding legal penalties and ensuring the business's continued success after acquisition.

Buyers should assess the company's compliance with environmental laws, particularly those enforced by the Environmental Protection Agency (EPA) and state environmental agencies. This includes reviewing past environmental violations, understanding the company's hazardous materials handling processes, and ensuring that waste disposal practices comply with legal standards.

Failure to comply with environmental regulations can result in fines, legal disputes, and delays in project completion, making it essential to address environmental compliance during the due diligence process. In some cases, it may be necessary to conduct an environmental audit to identify potential risks and liabilities.

Obtaining Regulatory Approvals for the Acquisition

Regulatory approvals may be required before the transaction can be completed, depending on the size and scope of the acquisition. For larger deals, antitrust laws may come into play, particularly if the acquisition affects competition in the electrical contracting industry.

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) may review the acquisition to ensure it does not violate antitrust laws or create a monopoly. Buyers should work with legal experts to determine whether any antitrust reviews or regulatory approvals are required before proceeding with the acquisition.

Certain state or local permits and licenses may need to be transferred or reissued in addition to federal approvals. Buyers should obtain all necessary regulatory approvals to avoid legal complications that could delay the acquisition or impact ongoing operations.

Mitigating Risks Through Due Diligence

Comprehensive due diligence is one of the most important legal tools for mitigating risks during an electrical contractor acquisition. During this process, buyers should carefully examine all aspects of the business to identify any potential legal liabilities or compliance issues.

Due diligence should include a review of the company's licenses, contracts, safety records, employment practices, environmental compliance, and any ongoing or potential legal disputes. This process allows buyers to uncover and address hidden risks before finalizing the acquisition.

Buyers should also work closely with legal counsel throughout the due diligence process to identify and mitigate all potential legal risks. By thoroughly evaluating the target company's legal standing, buyers can minimize the risk of post-acquisition legal challenges and set the stage for a smooth transition.

Post-Acquisition Legal Strategy

Once the acquisition is complete, it is essential to implement a legal strategy to address any outstanding compliance issues and manage ongoing legal obligations. This may involve updating employee contracts, renegotiating supplier agreements, or addressing safety compliance gaps.

Buyers should also ensure the business complies with all relevant licensing, labor, safety, and environmental regulations post-acquisition. Ongoing legal support is essential to maintaining compliance and avoiding future legal disputes.

Acquiring an electrical contracting business involves a range of complex legal considerations that must be addressed to ensure a smooth and successful transaction. From licensing and labor law compliance to safety regulations and environmental standards, buyers must navigate numerous legal challenges during the acquisition process. Buyers can mitigate risks and achieve long-term success in the electrical contracting industry by conducting thorough due diligence, securing regulatory approvals, and implementing a strong post-acquisition legal strategy.

[insuranceoutsourcingservice]

Regulatory Compliance in Insurance Outsourcing

Regulatory compliance is a critical aspect of the insurance industry, ensuring that companies adhere to legal standards and ethical practices to protect consumers and maintain market stability. As insurers increasingly turn to outsourcing to improve efficiency and reduce costs, maintaining regulatory compliance in these partnerships becomes paramount. This article explores the importance of regulatory compliance in insurance outsourcing and outlines best practices to ensure adherence to regulatory requirements.

1. Understanding Regulatory Requirements

Insurance companies operate under a complex web of regulations that vary by country and region. These regulations cover a broad range of areas, including data protection, anti-money laundering, solvency, and consumer protection. When outsourcing any function, insurers must ensure that their partners fully understand and comply with these regulations. This requires a thorough assessment of the regulatory landscape in both the insurer's and the outsourcing provider's jurisdictions.

2. Due Diligence in Vendor Selection

Selecting the right outsourcing partner is crucial for maintaining regulatory compliance. Due diligence should involve a comprehensive evaluation of the vendor's compliance history, security practices, and operational procedures. Insurers should look for partners with a proven track record of adhering to regulatory standards and a robust compliance framework. This includes verifying certifications such as ISO 27001 for information security management and SSAE 18 for service organization controls.

3. Clear Contractual Agreements

A well-drafted contract is essential to define the responsibilities and expectations regarding regulatory compliance. Contracts should include clauses that specify compliance requirements, data protection measures, and audit rights. They should also outline the consequences of non-compliance, including termination clauses and penalties. Clear contractual agreements help ensure that both parties understand their obligations and the importance of maintaining regulatory standards.

4. Data Protection and Privacy

Data protection is a significant concern in insurance outsourcing, given the sensitive nature of the information handled. Regulations such as the General Data Protection Regulation (GDPR) in Europe and the Health Insurance Portability and Accountability Act (HIPAA) in the United States impose strict requirements on how personal data is collected, stored, and processed. Outsourcing partners must implement robust data protection measures, including encryption, access controls, and regular security audits, to ensure compliance with these regulations.

5. Continuous Monitoring and Auditing

Maintaining regulatory compliance is an ongoing process that requires continuous monitoring and auditing. Insurers should establish regular audit schedules to review the outsourcing partner's compliance with contractual and regulatory requirements. These audits can be conducted internally or by third-party auditors. Continuous monitoring helps identify potential compliance issues early, allowing for timely corrective actions.

6. Employee Training and Awareness

Both insurers and their outsourcing partners must invest in regular training programs to keep employees updated on regulatory requirements and best practices. Training should cover areas such as data protection, anti-fraud measures, and ethical conduct. Raising awareness among employees helps create a culture of compliance, reducing the risk of violations due to ignorance or negligence.

7. Incident Response and Reporting

Despite best efforts, compliance incidents can occur. Having a well-defined incident response plan is crucial for mitigating the impact of such incidents. The plan should outline the steps to be taken in the event of a data breach or regulatory violation, including immediate containment measures, notification procedures, and root cause analysis. Timely reporting to regulatory authorities and affected individuals is also essential to meet legal obligations and maintain trust.

8. Leveraging Technology for Compliance

Technology plays a vital role in ensuring regulatory compliance in insurance outsourcing. Advanced tools and systems can automate compliance monitoring, track changes in regulations, and manage documentation. For instance, compliance management software can provide real-time alerts about regulatory updates and help maintain records of compliance activities. Leveraging technology enhances the efficiency and accuracy of compliance efforts.

9. Risk Management Framework

A robust risk management framework is essential for identifying and mitigating compliance risks in outsourcing partnerships. This framework should include risk assessments, mitigation strategies, and regular reviews to adapt to changing regulatory environments. Insurers should work closely with their outsourcing partners to develop and implement risk management plans that address potential compliance risks effectively.

10. Building a Compliance Culture

Ultimately, regulatory compliance should be ingrained in the culture of both the insurer and the outsourcing partner. This involves leadership commitment, clear communication of compliance policies, and regular reinforcement of the importance of adherence to regulations. Building a compliance culture ensures that all stakeholders prioritize regulatory requirements in their daily operations.

In conclusion, regulatory compliance in insurance outsourcing is essential for protecting consumers, maintaining legal standards, and safeguarding the reputation of insurance companies. By following best practices such as thorough due diligence, clear contractual agreements, continuous monitoring, and leveraging technology, insurers can ensure that their outsourcing partnerships remain compliant and contribute to their overall success.

[obgseo]

The Future of OBG: Integrating Outsourcing for Improved Efficiency and Outcomes

In the field of obstetrics and gynecology (OBG), ensuring compliance and security is paramount. Patient data is highly sensitive, and any breaches can have severe consequences, both legally and reputationally. As OBG practices increasingly turn to outsourcing to improve efficiency and focus on core clinical activities,Accounting Services for US Businesses navigating compliance and security in these partnerships becomes critical. This article explores the key considerations and strategies for maintaining compliance and security in OBG outsourcing partnerships.

Understanding Regulatory Requirements

The first step in navigating compliance and security in OBG outsourcing partnerships is understanding the regulatory landscape. In the United States, healthcare providers must comply with the Health Insurance Portability and Accountability Act (HIPAA), which sets standards for protecting sensitive patient data. HIPAA mandates that healthcare providers implement administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and security of patient information.

When partnering with outsourcing firms, it is essential to ensure that they are also HIPAA-compliant.Accounting Services for Australia Businesses This involves verifying that the firm has robust data protection policies and procedures in place, conducts regular security audits, and provides ongoing staff training on HIPAA requirements.

Conducting Thorough Due Diligence

Before entering into an outsourcing partnership, OBG practices should conduct thorough due diligence to assess the potential partner's compliance and security posture. This includes evaluating the firm's track record, reviewing their compliance certifications, and understanding their data protection measures.

Key areas to investigate include:

Data Encryption: Ensuring that patient data is encrypted both in transit and at rest.

Access Controls: Verifying that the firm uses strict access controls to limit who can view or modify patient data.

Incident Response: Assessing the firm's procedures for detecting, reporting, and responding to data breaches or security incidents.

Audit Trails: Ensuring that the firm maintains detailed audit logs to track access and modifications to patient data.

Establishing Clear Contracts and SLAs

A well-drafted contract and Service Level Agreement (SLA) are crucial for defining the responsibilities and expectations of both parties in an outsourcing partnership. These documents should outline:

Data Protection Obligations: Specific requirements for data security and privacy, including compliance with HIPAA and other relevant regulations.

Breach Notification Protocols: Procedures for notifying the OBG practice in the event of a data breach, including timelines and reporting requirements.

Performance Metrics: Key performance indicators (KPIs) and metrics to measure the outsourcing firm's compliance and security performance.

Regular Audits: Provisions for regular security audits and assessments to ensure ongoing compliance.

Implementing Continuous Monitoring and Auditing

Compliance and security are not one-time efforts but require continuous monitoring and auditing.Accounting Services for UK Businesses OBG practices should work with their outsourcing partners to establish ongoing monitoring mechanisms. This includes regular security assessments, vulnerability scans, and penetration testing to identify and address potential weaknesses.

Additionally, periodic audits should be conducted to verify that the outsourcing firm remains compliant with regulatory requirements and contractual obligations. These audits should be comprehensive, covering all aspects of data protection and security.

Providing Staff Training and Awareness

Both the OBG practice and the outsourcing firm should invest in regular staff training to ensure that everyone understands the importance of compliance and security.

HIPAA Requirements:Outsourced bookkeeping services Understanding the key provisions of HIPAA and how they apply to daily operations.

Data Protection Best Practices: Implementing best practices for data encryption, access controls, and incident response.

Phishing and Social Engineering: Recognizing and responding to phishing attacks and other social engineering tactics.

Building a Culture of Security

Ultimately, navigating compliance and security in OBG outsourcing partnerships requires a commitment to building a culture of security. This involves fostering an environment where data protection is a priority for everyone involved, from top management to frontline staff.

By prioritizing compliance and security, OBG practices can confidently leverage outsourcing to enhance their operations without compromising patient trust or regulatory adherence.

Conclusion

Navigating compliance and security in OBG outsourcing partnerships is critical to protecting patient data and ensuring the success of the practice. By understanding regulatory requirements, conducting thorough due diligence, establishing clear contracts, implementing continuous monitoring, providing staff training, and building a culture of security, OBG practices can effectively manage these partnerships. This approach not only safeguards patient information but also supports the practice's reputation and long-term viability.

[updatesandnews]

AAHOA Highlights Arbitration Ruling to Advocate for Franchising Reform

The recent arbitration decision that found Choice Hotels International in breach of contract due to its failure to negotiate discounts through its preferred vendor program has prompted the Asian American Hotel Owners Association (AAHOA) to emphasize the need for comprehensive reform within the hotel franchising sector. AAHOA has been actively advocating for this reform through its “12 Points of Fair Franchising,” supporting proposed legislation in New Jersey, and providing testimony to the Federal Trade Commission.

The arbitration ruling, stemming from a 2020 lawsuit, directs Choice Hotels to pay $760,008.75 in attorney’s fees and costs to the claimant, Highmark Lodging. This legal action centered on Choice’s failure to meet contractual obligations regarding volume discounts through its procurement program.

The arbitrator, Steve Petrikis, also ruled against Choice concerning the use of key money to attract franchisees and the brand’s inability to secure pricing benefits from cyber insurance provider Crowdstrike. Notably, damages were calculated at 15 to 20 percent of the purchase price for all goods and services procured from Choice’s qualified vendors.

The ruling highlighted that Choice’s vendor program did not prioritize lowering prices for franchisees. Instead, the evidence indicated that the company focused on generating revenue for itself, impacting the motivation to secure product pricing discounts for franchisees.

AAHOA underscored the significance of this arbitration ruling as it aligns with its mission to promote fair franchising practices. The association considers the ruling a validation of its ongoing efforts and initiatives to create a more equitable and transparent franchising landscape. The ruling, coupled with several other franchise-related cases, led to a boycott by several major hotel companies, including Choice, Marriott Hotels International, and others, of the 2023 AAHOA Conference and Trade Show in Los Angeles.

Laura Lee Blake, AAHOA’s President and CEO, emphasized the importance of advocating for fair franchising practices: “This case proved what many of our 20,000 AAHOA members already know to be true: That franchising agreements are frequently one-sided in favor of franchisers, poorly enforced, and riddled with loopholes or even untrue statements.”

AAHOA introduced the “12 Points of Fair Franchising” in 1998 to promote equitable business practices within the hotel industry. Over the years, these points have been updated to reflect changing business dynamics between franchisors and franchisees. The association is also guided by Four Core Pillars of Franchise Advocacy in its mission to support its members.

As Bharat Patel, AAHOA Chairman, stated, “Fair Franchising and lawful practices must be at the heart of these partnerships. AAHOA stands firm with our members in working toward a smarter, better, and fairer franchise relationship to sustain the franchising model for future generations.” Source: https://www.asianhospitality.com/aahoa-cites-choice-arbitration-ruling-as-driver-for-more-reform/

[offshoregenix]

BPO outsourcing can present several challenges. However, with careful planning and proactive measures, these challenges can be mitigated.

Here are some common challenges and strategies to avoid them:

🗣️ Communication and language barriers:

Communication issues can arise due to language differences, cultural nuances, or geographical distance. To address this challenge, it's crucial to establish clear communication channels, provide language and cultural training to the outsourcing team, and foster open and transparent communication. Regular video conferences, virtual meetings, and documentation of processes and expectations can also help overcome communication barriers.

🔒 Data security and confidentiality:

Outsourcing involves sharing sensitive data and information with third-party service providers. To safeguard data, it's essential to thoroughly evaluate the security measures and protocols of potential outsourcing partners. Implementing robust data protection measures, including encryption, access controls, and non-disclosure agreements, can help mitigate the risk of data breaches. Regular audits and monitoring can ensure compliance with data security standards.

📊 Quality control and performance management:

Maintaining consistent quality and performance levels can be a challenge when outsourcing. It's important to establish service level agreements (SLAs) and key performance indicators (KPIs) to set clear expectations. Regular monitoring, performance reviews, and feedback mechanisms should be in place to track the performance of the outsourcing partner. This helps identify any issues early on and enables prompt corrective actions.

👁️ Loss of control and visibility: When outsourcing certain processes, there may be concerns about losing control and visibility over those activities. To address this challenge, establish a strong governance framework that includes regular reporting, performance reviews, and periodic visits to the outsourcing partner's premises. Collaboration tools, project management software, and shared dashboards can also provide real-time visibility into the progress and status of outsourced tasks.

📚 Legal and regulatory compliance:

Outsourcing activities must comply with relevant legal and regulatory requirements, both in the outsourcing company's home country and the outsourcing destination. It's essential to conduct due diligence on the outsourcing partner's compliance practices and ensure that contractual agreements include clauses for compliance with applicable laws and regulations. Regular audits and ongoing compliance monitoring can help mitigate legal and regulatory risks.

☛Follow @OffshoregeniX to learn more☚

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If you're looking for an outsourcing company that will provide you with high-quality services at an affordable price, we’ve got you covered.

𝐂𝐚𝐥𝐥: 1800 897 833

or

𝐕𝐢𝐬𝐢𝐭: osgx.com.au

[sol1056]

HYPOTHETICALLY speaking

I’ve gotten enough asks and DMs already, and I’ve done all the research I can without getting into specifics. Rather than continuing to evade, I’m going to present a theory of how a hypothetical company might have had to put its plans on hold due discovery of a possible breach of contract. 

Note #1: do not expect any official statement publicly confirming or denying a similar situation, whether from a union or company. The private sector is not required to be make all their doings public, and is even less likely to do so if rumors (let alone explanation) could impact investor relations or stock values.

Note #2: although the situation presented here is, again, only a theory, the details concerning union involvement are not. I interviewed union reps from SAG-AFTRA, TAG, IATSE, WGA, AFL-CIO, IBEW, and AFGE, to get a sense of industry contractual expectations, various MBA and CBA terminology, and general union resolution processes per the NRLB. 

[sorry, typo: it’s NLRB, for National Labor Relations Board, whoops.]

Let’s posit that in the course of a hypothetical production studio (hereafter HPS) creating a television show, its management-level representatives (whether short-term employee or contractor, and hereafter ‘producers’) did significant edits on the final two seasons. In these edits, the producers repurposed used and unused artifacts from previous seasons or episodes, in two ways: 

the re-use of recorded dialogue, either left as-is or edited in some way to appear spoken by a different voice for a different character

the re-use of created scripts, edited and rearranged heavily to reflect a different storyline than originally intended

Additionally, some of that repurposed or edited dialogue was used in lieu of calling back the actor contracted for that specific character.  

If, in the course of these edits, not everyone was paid properly for their work, this would violate the Minimum Basic Agreement per SAG-AFTRA (voice actors) and WGA (writers), and possibly also the Collective Bargaining Agreement with TAG (for animators and animation writers). Additionally, even if payment was correct, the issue of creative rights (in regard to credits) could be at stake, if a writer’s work was edited without the writer’s awareness or consent.    

The full extent may not have been discovered until the final version aired. Upon seeing the released version and recognizing any of those three actions, a union member (per employment laws in California) would immediately pick up the phone and alert their union representative or shop steward. 

Representatives from the two (possibly three) unions would arrange a meeting with HPS executives and legal representatives. Before going further, one or both parties may require a full investigation: in part to confirm the validity of any complaints, and in part to confirm that all possible violations were caught. (As in, if you find three, there could be ten more hiding.) 

This would necessitate appointing union investigators, tasked with studying every image and line of dialogue in the finished product, along with submitted scripts, recording session tracks, post-production editing commits, pay stubs, even meeting minutes, emails, and chat logs, etc. 

Anything and everything that could help the investigators pin down the source of every element in the final version: when and by whom it was recorded, what its original purpose for was, whether it was duly paid and credited and in what form and to whom. If HPS’ product happened to be seventy-eight episodes of an eight-season series, this could be several months of carefully combing through countless documents. 

If the investigators found credible evidence that union members had been deprived of rightful payments and/or credit, the parties would meet again for the investigators to present their findings. If HPS agrees with the findings, it may arrange to cut checks, correct credits, and whatever other remedy is agreed-upon between the company and the union members. 

If the company disagrees (or the parties can’t come to a remedy that satisfies everyone), the complaint will work its way up the ranks. Eventually it’d land before the NLRB, who’d appoint an arbitrator or mediator (per the union-company agreements for complaint resolution). 

If the NLRB gets involved, the investigators would become witnesses on behalf of affected cast and/or staff. Depending on how fast it takes for evidence to be collected, the willingness of the company to right the stated wrongs, and other factors (such as the ongoing government shutdown which affects federal oversight agencies), it could be resolved quickly, or it could drag on for months.

Three more things to note. 

First, if the investigator(s) discover evidence that the payment or credit was withheld intentionally (implying personal malice), this doesn’t change the company’s obligation to pay/amend, should arbitration find in the union’s favor. The complainants (via the union) also have the right to indicate company actions that would satisfy them (reprimand, firing, demotion, etc).  

It could mean a two-part remedy, where the first part resolves the payment or credits owed, and the second part addresses the company’s actions towards that supervisor. Or the two parts may be considered two completely separate situations, and broken into two separate cases. Most often, it seems, they’ll be considered together, especially if the evidence for one applies to the other. 

If any of that baffles you, consider this analogy: at your job, your immediate boss cashes your paycheck and pockets the money, rather than paying you. Most companies will see that as the boss’ theft from you, and act as though it’s your responsibility to deal with the authorities per that crime. With a union in your corner, you’ll get paid, and it’ll be left to the company to recoup its losses from the person who actually stole from the company (your boss). 

Second, a significant complaint may mean it’s in the employee’s best interest to decline (or suspend) new contractual agreements with the company. That is, an employee’s willingness to take more contractual work can (and has) been used by companies as evidence the employee doesn’t really feel there’s a problem. 

It depends on the case and the circumstances; if the current complaint is seen as completely separate from the next contract accepted, this might not be an issue. If the two can be seen as linked in any way, it could undermine the complainant’s case if they accept that next contract. 

Third, and relevant to both of the above, if the complainants see an action as that of a malicious current or former manager, and want to signal they don’t bear a grudge against the company and doing so won’t work against them in the resolution process, they have several options. One is to accept the next contract. Another is to continue to openly support the company’s work and/or products. 

In either case, the union members would be expected to continue to work the current contracted project; most MBAs and CBAs prohibit strikes as retaliation. That said, there are just as many cases where someone had to accept the next project, because incoming money was more important when there’s bills to pay.

I’m not saying this is a ‘real’ situation at this point. I am saying that given the situation as set up, this could be the series of events. 

And given such, it would make sense that a company would choose to put off formal announcements of any future contracts with the complainants in question. So long as there’s an investigation, negotiation, or the process is wending its way towards arbitration, most companies would be on hold until after the situation is resolved to the satisfaction of all parties concerned. 

[saipulboni-blog]

Full Of Dayta

We will provide Article to present the “ DAYTA” project to potential platform participants and those who are interested in contributing to its development. The information listed below may not be complete and does not imply any contractual relationship. The main purpose is to provide information to everyone, so that they can determine whether they are willing to analyze the company with the intention of obtaining token or invest.The hope of joining the This project is very big for us, before you join it will be better if you understand the project besides it will add to your insight and improve information for you especially understanding the project’s vision and mission so that it adds to your trust in.

DAYTA Is a blockchain based platform that will help users to manage, store and likewise share access to user’s personal data and information in order for the users to get more profits. It is observed most data company always share user’s data and earn money from it even without the consent of the real owner of the data. The most painful part is that after the company have sold their users data to some other companies, they failed to pay the true owner of the data for in which users and customers often time get angry with this. If users and customers have gotten control over their data it would be so easy for them to trace their account details and know whenever their data is been accessed and sold in the centralized platform. This is the reason why the centralized platforms are struggling with the issue of trust and transparency. They knew that the moment they gave full access to the customers and owners of the data in their centralized platform that’s the end of their games and that’s why they revoked access to user’s data. All these difficulties experienced by users have been identified by DAYTA platform and that’s why they have launched a decentralized blockchain based platform which gives users full access and control over their data, The advantages of DAYTA platform is that users can decide anytime they want whether to sell their data or not. User’s data is one of the great treasures of human life and customers wouldn’t take it easy with whichever companies that sold their data without their consent. Today all the worries of the users and customers can lay to rest simply because there is new blockchain based project called DAYTA which will help with the security of user’s data.

Why Dayta?Profit from your Personal DataDayta enables Users to finally partake in the profits companies produce by using our data for marketing purposes, behaviour analysis and customer insight.Blockchain InfrastructureUsers, Businesses and Miners hold independent but interrelated roles, Underpinned by the Dayta blockchain and managed through the DAYTA token.GDPR & Data ProtectionDayta has a GDPR-ready design to ensure users can easily manage and profit from their data worldwide.Blockchain, Data Protection & Personal Data

With the advent of distributed ledger technology as a means to either solve existing problems or disrupt existing industries, the question of data integrity in relation to personal data is a concern for data protection experts and innovators alike. While Bitcoin and other cryptocurrencies use blockchain to store records of token exchange, the desire to add to a public blockchain data that relates to and makes use of personal data raises questions on data protection and regulatory compliance.

Blockchain as a method of AuthenticationWith Equifax and similar household names experiencing data breaches of several hundred million customers affected, blockchain start-ups are looking to pioneer more secure methods of authentication. While companies such as Equifax store and manage customer personal data in servers they control, many projects look to enshrine self-sovereign principles into their blockchain design where individuals have access to and control their identification data, used then by companies as a means of authentication without storing it themselves. Where each user is the only user in a blockchain that can access their data, the single-point-of-failure found with centralised systems goes away, along with the risk of major personal data breaches.

Various companies and start-ups are present in this space, from house-hold names such as Microsoft and IBM, collaborative efforts from projects such as Hyperledger and others such as Civic, TrustedKey, Uport and SelfKey.

Blockchain as a method of Data StorageBlockchain data storage is another user case of personal data wherein a user’s data is stored on the blockchain. This data, used for simple storage or as a means to service a customer’s needs through additional services, is secured in much the same way as data for identification purposes. However, the extent of data specified can include anything that relates to the person, and is therefore subject to the full spectrum of data protection regulation surrounding personal data acquisition, storage and management. Projects such as Storj, File Coin and Sia all look to store user’s personal data across a distributed ledger that includes existing data centres with available space and even people’s personal hard drive space. While security is paramount, the problem of using blockchain technology to store personal data is manifold, including but not limited to the following:– Blockchain technology is noted for its immutability (i.e. cannot be changed). This causes problems with conforming to KYC (Know Your Customer) and GDPR’s (General Data Protection Regulation) requirements to allow customers to manage their personal data and any changes to it.– The distributed nature of blockchain means that personal data is located as a copy in a multitude of nodes across a wide network, increasing the possibility of breach, though reduced in probability due to encryption.– Blockchain nodes can exist the world over, causing regulatory concerns around the data protection of citizens subject to and protected by laws on data protection. A good example is GDPR, where any data relating to a subject identified as relating to an EU country (not just a citizen) is subject to its protection, wherever in the world that data is processed.Responsibility to maintain personal data protection can be for the individual, resulting in a burden for users that could result in lost access to personal data with the loss of corresponding private keys.

Blockchain as a method of Data Reference

The safest way to store personal data in a bid to mitigate the risk of online attacks is to remove the risk entirely, and store such data off-chain and away from the Internet. While this may seem impossible to do, reference data may be stored on a blockchain that directly corresponds to personal data. For example, a retailer wishing to expand their marketing campaign could be satisfied in knowing that real users exist in a service that ensures such qualification, shares demographic data relating to the individual on-chain but ensure personal data is kept off-chain.Dayta looks to enable users to share their personal data direct with companies, whether partially or fully. A user enters into profitable agreements that are stored on the Dayta blockchain, with any personal data either shared directly or reference data used. The company in question will know all users are verified as distinct and marketable. Any personal data that is shared direct to the engaged company will be deleted immediately once the agreement is over, or whenever the user wishes.While fighting data hacks and breaches is always going to be an ongoing struggle, new approaches to data usage, data storage and data protection will be needed to ensure we go beyond the simple centralised vs decentralised debate to one that looks to mitigate partially or remove the risks where possible.Dayta Mobile AppFrom personal data baseline integration to Dayta marketplace exchange interaction, the Dayta mobile aao will be a user’s one-stop shop for maintaining control over and managing their personally identifiable information.Personal data baseline & authentication

Consent traded data access agreements

EXP Summary & forecasts

DAYTA wallet integration (deposit / withdrawals)

Dayta Marketplace

PROTOTYPE

ICO DETAILDAYTA tokens will be available prior to the public sale for registered participants. Bonuses will apply for early contributors at varying % dependent on date and amounts. Private investors can negotiate larger bonuses on a case-by-case basis.

Token Name: DAYTA

Token Type: ERC20

Investor Phase: Feb 2019 — Apr 2019

Number of tokens for sale: 1,500,000,000.00 DAYTA

Pre-ICO: May 01, 2019 (12:05 AM)

Tokens exchange rate:

1 ETH = 33750 DAYTA, 1 BTC = 961200 DAYTA

1 LTC = 14823 DAYTA, 1 DASH = 22005 DAYTA

ICO Public sale: May 11, 2019 (12:05 AM)

Acceptable currencies: ETH, BTC, LTC, DASH

Minimal transaction amount: 1 ETH/ 0.1 BTC/ 3 LTC /2 DASH

35% Bonus Pre ICO

18% Bonus ICO Week 1

15% Bonus ICO Week 2

10% Bonus ICO Week 3

5% Bonus ICO Week 4

TOKEN DISTRIBUTION

30% Allocated to Pre-ICO

30% Allocated to ICO

20% Allocated to Core Team and Advisors

10% Allocated to Partnerships

5% Allocated to Bounty

FUND DISTRIBUTION

50% Allocated to Engineering

15% Allocated to Operations

15% Allocated to Marketing

10% Allocated to Business

5% Allocated to Legal

5% Allocated to Security

Project solves the costly and costly problem. The platform is a prime example of the meaningful use of smart contracts and is therefore absolutely groundbreaking for the future. With their experienced team and a very good vision, this is a serious project with great prospects of success. Roadmap

October 2018      > Whitepaper Publication

December 2018  > ICO Smart contract Development

January 2019      > Private sale start

April 2019            > Bounty Programme

May 2019             > Pre-ICO Token Sale

June 2019            > ICO

July 2019             > Token Sale Distribution

                            > Exchange Listing for peer to peer trading

September 2019 > Agile engineering and product management start

October 2019      > MVP for blockchain- integrated user app release

December 2019  > Main network launch / customer and business on-boarding

January 2020      > Business development and marketing strategy, business and                                           customer enhancements and value add-services

Team

Zumar Ahmed: CEO & Founder

Laura Feeley: Customer Experience and Marketing Director

Bret Calvey: Senior Software Consultant

Danish Hameed: Blockchain Consultant

Vitally Marinchenko: Smart Contract Developer

Stefan Beyer: Blockchain Architect

Daniel Spyralatos: Community & Marketing Coordinator

Ernest Chuang: Marketing Advisor

Advisors

Kenn Palm: Advisors

Boyan Josic: Advisors

Ruslan Kosarenko: Advisors

Inna Semeniuk: Advisors

Michael Iatsukha: Advisors

For More Information you can visit link below :

Website: https://www.mydayta.io

Whitepaper: https://www.mydayta.io/uploads/white_paper/Whitepaper.pdf

Telegram: https://t.me/mydayta

Twitter: https://twitter.com/MyDayta

Facebook: https://www.facebook.com/mydayta

Reddit: https://www.reddit.com/r/dayta/

Medium: https://medium.com/@mydayta

AUTHOR :

Username btt : saipulboni

url btt : https://bitcointalk.org/index.php?action=profile;u=2286616

erc20 address : 0x05EC97B6aa52a342b6e7b235d0C250cEb9C26118

[isoimplementationinqatar]

Why is ISO 27001 Certification crucial for the business ?

ISO 27001  Certification in Qatar is a specification for information security management systems. It contains a framework of policies and standards required for information security management systems.It is developed to establish , implement , monitor and improvise the information security management system.

ISO 27001 Certification has three main principles they are

Confidentiality

Availability

Integrity

Confidential information should be can be accessed by only the authorized persons.The information should be available at any given point of time.Integrity means that the confidential information can be modified or deleted by only authorized persons

The main advantage of ISO 27001 Certification is that it reduces the risks associated with confidential data and can prevent  data breach , cyberattacks such as malware , SQL injection ,phishing , denial of service , password attack and various other cyber security threats 

ISO 27001 Certification in South Africa is required for the business as it increases the trust of consumers and stakeholders that their crucial information regarding business is secure.More and more clients require their business related data such as supplier information , research and development data , buyers persona , customer data , ongoing projects and various other information. Implementation of ISO 27001 Certification assists the organizations to comply with the rules and regulations and prevents fines being imposed due to non compliance.

Risk assessment is an important aspect of information security management systems, where the risks associated with various risks and threats to the data are identified and corrective actions are taken to treat the various risks associated with information security

Gaps associated with existing practices related to information security management are  assessed all the non compliance are checked and suitable actions are taken to ensure compliance 

Information security management is a flexible set of policies and it is applicable to all kinds of organizations such as startups , micro and small scale industries , large scale industries and so on.

The business grows exponentially with the successful implementation of Information security management system as it can benefit the organization to gain new business opportunities and gain more business as ISO 27001 Certification is a necessary contractual requirement and can assist the organization to win more business deals.

ISMS gives structure to the overall information security practices of the organization and it increases the overall focus of the organization regarding data securing and protection .It also assists the organization to utilize the resources in an efficient manner.The financial benefit of information security management system is that it reduces the cost of insurance premium.

Documentation is an important part of the information security management system and it assists the organization to keep a track of the errors and mistakes associated with the information security aspects and it can assist the organization to keep track of the information security management activities.

Our Advice:

If you’re looking for ISO 27001 Certification in Hyderabad .You can write to us at contact@certvalue.com or visit our official website as we are ISO Certification Consultant Companies in South Africa .CertValue and provide your contact details so that one of our certification experts shall contact you at the earliest to understand your requirements better and provide the best available service in the market

[debofskylaw]

How Soon Can You Go to Court After Long Term Disability Benefits Are Denied?

If your long term disability (LTD) benefits are denied or terminated, the denial letter will include a discussion of your right to bring an appeal or lawsuit.  A lawsuit might seem like a better option.  After all (you may think), how likely is it that the insurance company will voluntarily overturn its decision to deny your benefits?  However, if you received your LTD benefits through your employer (and your employer is neither a governmental organization nor religious entity), your LTD benefits are likely subject to the federal Employee Retirement Income Security Act of 1974 (“ERISA”).  Under ERISA, you must appeal a denial of benefits by the stated deadline, or you risk being barred from later filing suit.  

There are some exceptions to the so-called “exhaustion” requirement, including if your LTD plan denies your benefits without following the proper procedures, or if you can prove submitting an appeal would be futile.  Also, if the LTD plan fails to make a timely decision on your appeal, you need not wait to file suit but instead may proceed directly to court under a “deemed exhaustion” theory.  This article will examine ERISA’s exhaustion requirement, and the exceptions to that requirement, to help you determine when to file suit after a denial of LTD benefits.

Must I Appeal a Denial of LTD Benefits Prior to Going to Court?

If your LTD benefits are subject to the federal ERISA statute, you must appeal the denial of benefits prior to filing suit, subject to a narrow set of exceptions (discussed below).  Nothing in the plain language of the ERISA statute mandates that a plan participant must exhaust his or her appeals prior to filing suit; rather, the exhaustion requirement is a judicial creation based on ERISA’s “full and fair review” clause (29 U.S.C. § 1133). See, e.g., Edwards v. Briggs & Stratton Ret. Plan, 639 F.3d 355, 360 (7th Cir. 2011) (“because ERISA directs employee benefit plans to provide adequate written notice of the reasons for denials of claims by plan participants and to create procedures for the review of such denials of claims, we have interpreted ERISA as requiring exhaustion of administrative remedies as a prerequisite to bringing suit under the statute.”).

What Happens if I Fail to Appeal a Denial of LTD Benefits?

Most LTD plans allow up to 180 days to appeal a denial of LTD benefits. If the appeal deadline has already passed, you should write to your LTD plan administrator to see if it will accept a late appeal, citing any extenuating circumstances that may exist.  Note that the U.S. Department of Labor has extended the deadline for ERISA claim appeals by up to one year following the original appeal deadline for so long as the country remains in a state of national emergency due to the coronavirus pandemic.

If your LTD plan refuses to accept a late appeal, you should still file suit but be aware that the plan may raise failure to exhaust administrative remedies as an affirmative defense.  In the long term disability context, courts have recognized two exceptions to the exhaustion requirement: 1) if the plan denied meaningful access to its review procedures; and 2) if an appeal would be futile.

Denial of Meaningful Access

You may be excused from ERISA’s exhaustion requirement if you can show that you were denied meaningful access to a “full and fair review.”  See 29 U.S.C. §1133.  An LTD plan denies meaningful access to its review procedures when it fails to comply with the notice and disclosure requirements mandated by the ERISA claims regulations (29 C.F.R. § 2560.503-1). The claims regulations require that you be provided:

Written notice of an adverse benefit determination within 45 days of the application, though the plan may extend that deadline twice for up to 30 days, respectively;

Citation to the plan language relied upon in denying your claim;

A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary;

A description of your appeal rights, including your right to bring a lawsuit; and

A copy of your claim file, upon request and free of charge.

In addition, the LTD plan must comply with ERISA’s timing requirements regarding notification of an adverse benefit determination.  If an LTD plan fails to comply with the forgoing requirements, the plan participant may be excused from ERISA’s exhaustion requirement, unless the failure amounted to a technical or de minimus violation. See, e.g., Baptist Mem’l Hosp.–DeSoto Inc. v. Crain Auto. Inc., 392 Fed. Appx. 288, 293 (5th Cir. 2010) (ruling LTD plan failed to “substantially comply” with ERISA claims regulations where it failed to notify plan participant in writing of benefits denial).

Futility

You may be excused from ERISA’s exhaustion requirement if you can show that an appeal would have been futile.  To establish futility, a claimant must show that “it is certain that [her] claim will be denied on appeal, not merely that [she] doubts that an appeal will result in a different decision.”  Lindemann v. Mobil Oil Corp., 79 F.3d 647, 650 (7th Cir. 1996) (quoting

Smith v. Blue Cross & Blue Shield United of Wis., 959 F.2d 655, 659 (7th Cir. 1992).  In other words, the “mere fact that [an insurer] might have been likely to deny the claim does not excuse exhaustion.”  See Ruderman v. Liberty Mut. Group, Inc., 1:20-CV-945, 2021 WL 827693, at *3 (N.D.N.Y. Mar. 4, 2021).  Furthermore, the claimant must make a “sincere attempt to appeal the denial or otherwise put defendants on notice that there was a dispute.”  See id.  In Ruttenberg v. U.S. Life Ins. Co. in City of New York, a subsidiary of Am. Gen. Corp., 413 F.3d 652, 662–63 (7th Cir. 2005), the claimant was excused from exhausting his administrative appeals based on futility only after the defendant spent 18 months adjudicating his disability claim and, during the course of its review, contested every opinion that was favorable to the claimant. Thus, the bar for establishing futility is a high one.

How Long Must I Wait for a Decision on My LTD Appeal?

Once you appeal a denial of LTD benefits, the plan administrator has 45 days to decide your appeal, but it can extend that deadline by an additional 45 days (for a total of no more than 90 days) if the plan administrator determines that “special circumstances” exist that require an extension of time for the processing of the claim, provided the plan requests the extension before the expiration of the initial 45-day period.  See 29 C.F.R. § 2560.503-1(i)(1), (i)(3).  

(Note that different rules apply to multiemployer plans and those with a committee or board of trustees).  The plan administrator may also “toll” the 45/90 day deadline “due to a claimant’s failure to submit information necessary to decide a claim,” such as medical records or other information necessary to the plan’s review.  Id. at § 2560.503-1(i)(4).

If you appealed the denial of your LTD benefits and the plan has exceeded the 45/90-day deadline described above, and have no valid excuses for the delay to exist, you may be able to proceed directly to court under a “deemed exhaustion” theory.  See 29 C.F.R. § 2560.503-1(l)(1).  The “deemed exhaustion” rule provides that a claimant may be excused from ERISA’s exhaustion requirement if the plan fails to comply with the ERISA claims regulations, though not if the violation was for “good cause” or “occurred in the context of an ongoing, good faith exchange of information between the plan and the claimant.”  Id.  In the Second and Seventh Circuits, an ERISA plan administrator who fails to issue a timely decision on an appeal runs the risk not only of having the claimant file suit under a “deemed exhaustion” theory, but also of losing its discretionary authority.  See Halo v. Yale Health Plan, 819 F.3d 42, 53 (2d Cir. 2016) (stripping plan administrator of discretion for tardy decision); Fessenden v. Reliance Standard Life Ins. Co., 927 F.3d 998, 1006-07 (7th Cir. 2019) (same).

A Caution About Heimeshoff

Although an ERISA plan participant has an obligation, in most circumstances, to exhaust his or her appeals prior to filing a lawsuit, a participant must also be mindful of the statute of limitations.  ERISA does not contain a statute of limitations for a suit for benefits under 29 U.S.C. § 1132(a)(1)(B); thus, courts borrow the most analogous statute of limitations from state law (usually breach of contract).  However, most plans contain a contractual limitations period that is shorter than state law and lasts three years or less — and sometimes as little as one year or 60 days from the denial of benefits.  In Heimeshoff v. Hartford Life & Acc. Ins. Co., 571 U.S. 99, 113 (2013), the Supreme Court ruled that a three-year contractual limitations period is reasonable and is not “tolled” while an appeal is pending.  The Court left open the possibility that a shorter statute of limitations could be struck down as unreasonable.  See id.  Thus, if you are engaged in an LTD appeal proceeding, make sure you calendar the statute of limitations date and, as the date approaches, discuss with an attorney whether a protective filling of a lawsuit is necessary to avoid having your case barred due to the statute of limitations.

Conclusion

If your LTD benefits are denied, you may be tempted to file a lawsuit, but unless your benefits are exempt from the federal ERISA statute, you must first appeal the denial of benefits or you run the risk of later having your lawsuit dismissed for failure to exhaust administrative remedies.  There are two exceptions to the exhaustion requirement in the LTD context, denial of meaningful access and futility, but those exceptions are difficult to prove and narrowly construed.  If your LTD benefits have been denied, contact the attorneys at DeBofsky Sherman Casciari Reynolds P.C. today to discuss your options.

Some very old LTD plans only allow 60 days to appeal a denial of LTD benefits, which was the deadline prior to the 2000 amendments to the ERISA claims regulations, which became effective in 2002.

A third exception to the exhaustion requirement exists if the appeal would have resulted in “irreparable harm,” though this exception applies more often in the health insurance context. See, e.g., Turner v. Fallon Cmty. Health Plan, Inc., 127 F.3d 196, 200 (1st Cir. 1997) (excusing claimant for failing to appeal where she suffered from metastasized breast cancer).

[electronicnerdtyphoon]

9 Best Practices to Jumpstart your Third-Party Management Program

Organizations rely heavily on their third parties for improved profitability, faster time to market, competitive advantage, and decreased costs. However, third-party relationships come with multiple risks, including strategic, reputational, regulatory, information security, and financial risks. Penalties and reputational damage from non-compliance, supply chain disruptions, security breaches, and data thefts involving third parties are driving companies to continually improve their third party risk management process.

With third parties spread across the world, supply chain disruption risks are on the rise. Be it the earthquake and tsunami in Japan, the Thailand floods, or the labor dispute at the West Coast port, these disruptions greatly affected the flow of goods and services to organizations. Without an appropriate business continuity plan to deal with these unpredictable events, organizations suffer not only monetary losses, but also customer losses to competitors.

To minimize the impact of third-party risks on business performance and brand image, the scope of TPM is expanding beyond traditional surveys and assessments for third-party risks and compliance. Companies are now taking more comprehensive steps to ensure that their third parties not only comply with regulations, but also protect confidential IT information, avoid unethical practices, keep up a safe and healthy working environment, strengthen supply chain security, handle disruptions effectively, and sustain high quality and performance levels.

It is in this context that there emerges the need for an integrated view of third-party risk, compliance, performance, quality, and adherence to contracts. Developing a strategy for optimizing third party relationships is essential, as is knowing the third parties one deals with.

Key Trends Driving the Focus on TPM

Globalization - As the world gets flatter, organizations with global third-party networks are faced with a multitude of rules, policies, data, standards and regulations – all of which make the case for a robust TPM program.

Virtualization - Technology has dramatically changed the way organizations operate. With the advent of the cloud, virtual data centers, and hosted apps, companies are using vendors to process their critical business information, thus transferring data outside their firewalls. Recent data breaches and security incidents have highlighted the vendor risks that come with virtualization, and the need to have deeper visibility into the third-party ecosystem.

Social Media - On one hand social media improves transparency, collaboration, and efficiency across the third-party network. On the other hand it brings along potential security risks and privacy concerns for business-critical information. The key is to leverage social media to gather third-party intelligence, while also identifying and mitigating the risks that come along.

Mobility - Ubiquitous access to data across mobile devices poses multiple security risks. As data access becomes easier, and as security breaches proliferate, a strong TPM program is essential to ensure accountability.

Best Practices to Enhance Your TPM Program1. Manage and Assess Third-Party Risks:

Each third-party relationship brings with it a number of risks that need to be identified in time. These risks are often multi-dimensional as they extend across suppliers, vendors, contractors, service providers, and other parties, and can have an impact on different levels of the organization such as product lines, business units, and geographies.

An effective third-party risk management process begins by comprehensively identifying third-party risks such as process risks, political risks, undesirable events, contract risks, legal and regulatory non-compliance risks, and information system failures. This risk identification process should be followed by an analysis of the specific drivers that increase third-party risk.

A good practice is to focus strongly on contracts that govern third-party relationships. A comprehensive and carefully written contract that outlines the rights and responsibilities of all parties can help you better manage third-party relationships.

It’s also important to frame policies, and implement controls to mitigate third-party risks. Appropriate monitoring and testing processes are key in ensuring that risk mitigating controls are working as expected.

To strengthen third-party monitoring, leverage content from external sources such as Dow Jones, D&B, and Regulatory DataCorp (RDC) which curate adverse media reports, sanction lists, Politically Exposed Persons (PEP), and other third-party data. This external content is invaluable in identifying and flagging potentially high-risk third parties before they cause a failure.

2. Conduct Third-Party Screening, Onboarding, and Due Diligence

An effective third-party screening and due diligence program provides a better understanding of third parties, and helps you choose the right firm to work with.

Leading organizations are taking a risk-based approach to third-party screening and due diligence. As part of the onboarding process and on a regular basis, these organizations stratify their third parties into various risk categories based on the offered product or service, as well as the third-party’s location, countries of operation, and other key factors. They then define screening and due-diligence process based on the risk categories. The level of due diligence is based on the risk score of the third party.

The third-party onboarding process is really the backbone of an effective TPM program. It helps capture complete third-party information along with the necessary certifications, contracts, and documents. Onboarding assessments are also needed to help determine the level of risk monitoring required for each supplier.

Continuous third-party monitoring and screening is the key to helping companies make informed decisions about their third parties. Many organizations leverage screening data providers to receive real-time alerts and data feeds on third parties. They also screen their third parties against global sanctions lists, as well as global regulatory, law enforcement, and watch lists, adverse media reports, PEPs, and state-owned enterprises.

The due-diligence process does not end with third-party on-boarding. It’s important to continue identifying risk areas, and conducting appropriate due diligence on an ongoing basis.

3. Focus on Fourth Parties

The factory fires in Bangladesh highlighted, yet again, the problem of unauthorized sub-contracting. It exposed how organizations do not often have complete visibility into their supply chains which puts them in a risky position.

It’s critical to determine if products and services are actually provided by third parties, or if they are in fact sub-contracted to a fourth party. The key is to contractually bind third parties to inform and get approvals on any fourth-party involvement. Also, gather and manage fourth-party information as part of the third-party ecosystem. Ensure that fourth parties are in the scope of screening and risk management processes.

4. Establish a Tone at the Top with Board-level oversight

The senior management, including the C-suite and Board, are accountable for the risks in third-party relationships. It is their responsibility to create a culture of transparency and collaboration in the third-party ecosystem, while also identifying and controlling the risks that arise from such relationships.

5. Focus on IT Vendor Risk

With third parties accessing regulated company information, the likelihood and impact of IT security incidents are on the rise. Therefore, view IT vendor risk in the purview of the larger third-party risk management program. Categorize vendors based on their risk profile, and define an appropriate monitoring mechanism. Also, leverage external sources for third-party risk assurance. For instance, there are standard “Standard Information Gathering” (SIG) questionnaires from content providers such as Shared Assessments, which can be used to obtain the necessary information about a vendor’s IT, privacy, and data security controls.

6. Ensure Appropriate Investment and Staffing

As organizations realize the importance of a TPM program, many are increasing their investments in these programs. The investments should ideally be focused not only on ensuring regulatory compliance, but also on managing third-party risk, and improving third-party performance. Appropriate staffing is also essential to manage TPM initiatives at optimal levels, both locally and across the globe.

7. Evaluate the Effectiveness of the TPM Program

Implement a robust process to ensure the effectiveness of the TPM program, including policies, codes of conduct, processes, controls, compliance surveys, assessments, and audits. Make sure that all allocated TPM resources are available, have their responsibilities defined, and are working as planned. A 360-degree view of the third-party ecosystem is also a must.

Evaluate the program at regular intervals to determine if potential risks are being identified and mitigated, if compliance requirements are being met, and if appropriate remediation actions are being carried out when red flags arise. Also, have well-defined metrics to measure the effectiveness of the TPM program.

8. Build Mature TPM Processes

Many companies adopt a “siloed” approach to TPM wherein different departments manage different third-party processes. This leads to redundancies, and makes it difficult to gain a holistic view of third-party relationships. The best way to overcome this challenge is to standardize TPM processes across departments and functions. Adopt consistent, well-defined processes for third-party screening, onboarding, risk assessments, due-diligence, audits, performance management, and continuous monitoring. Make third-party information available centrally to facilitate oversight, accountability, monitoring, and risk management, and to ensure that nothing falls through the cracks.

9. Leverage Technology

As the TPM program extends beyond the first tier of the supply chain, technology will play a critical role in strengthening third-party risk assessments, monitoring, and management. Integrated technology solutions offer a common platform to manage multiple third parties, and provide greater visibility into risks and compliance issues.

Technology can also streamline third-party information management, onboarding and due diligence processes, risk management, audits, compliance management, and performance management.

Many companies leverage technology to automate TPM processes, and to map third-party information for better traceability. They also maintain third-party contracts, documents, SLAs, and other important information in a centralized database for easy access.

Advanced technology solutions consolidate and roll up third-party risk intelligence to support decision-making. These solutions also integrate with reliable industry sources to aggregate, validate, and enrich third-party data. They help identify high-risk third parties, assess their risk impact and likelihood, identify risk ratings, and monitor controls to keep risks in check. Sophisticated solutions also provide advanced survey and assessment capabilities for due-diligence, compliance monitoring, and control effectiveness evaluations.

Conclusion

In today’s complex, outsourced environment, it’s critical to step up TPM initiatives to protect both reputation and revenue. Gain a clear view of the third-party ecosystem, and adopt a proactive approach to manage associated risks. Be well-prepared to manage supply chain disruptions by proactively identifying hidden risks, and using well-defined business continuity plans. Also, establish a robust closed-loop process to continuously evaluate third parties based on regulatory compliance and performance. The key is to effectively manage the third-party ecosystem in such a way as to create a culture of transparency and accountability.

[isocertificationinkuwait]

How IT Governance Help ISO 27001? And What Are Its Benefits?

ISO 27001 Certification in Kuwait is an international standard that helps organizations manage the security of their information assets. It provides a management framework for implementing an ISMS (information security management system) to ensure the confidentiality, integrity, and availability of all corporate data (such as financial information, intellectual property, employee details, or information managed by third parties).

ISO 27001 is supported by its code of practice for information security management, ISO/IEC 27001:2013 in Kuwait, which explains how to implement information security controls for managing information security risks.

What is ISO 27001 certification?

ISO 27001 consultants in Kuwait demonstrates that your organization has invested in the people, processes, and technology (e.g. tools and systems) to protect your organization’s data and provides. an independent, expert assessment of whether your data is sufficiently protected.

Certification is achieved through an accredited certification body and provides evidence to your consumers, investors, and other interested parties that you are managing information security according to international best practice. ISO 27001 compliance is becoming increasingly important as regulatory requirements (such as the GDPR, HIPAA, and CCPA) place pressure on organizations to protect their consumer and personal data.

What is an ISMS (information security management system)?

An ISMS is a defined, documented management system that consists of a set of policies, processes, and systems to manage risks to organizational data, with the objective of ensuring acceptable levels of information security risk. Ongoing risk assessments help to identify security threats and vulnerabilities that need to be managed through a set of controls. Having an established ISO 27001-compliant ISMS helps you manage the confidentiality, integrity, and availability of all corporate data in an optimized and cost-effective way

The benefits of ISO 27001 certification

ISO 27001 Registration in Kuwait is a globally recognized information security standard, with more than 40,000 organizations certified. It helps organizations align their data security measures to an established and trusted benchmark.

Protect your data, wherever it lives: An ISO 27001-compliant ISMS helps protect all forms of information, whether digital, paper-based, or in the Cloud.

Defend against cyberattacks: Implementing and maintaining an ISMS will significantly reduce your organization’s cybersecurity and data breach risks.

Reduce information security costs: Thanks to the risk assessment and analysis approach of an ISMS, organizations can reduce costs spent on indiscriminately adding layers of defensive technology that might not work

Respond to evolving security threats: ISO 27001-compliant organizations are more capable of responding to evolving information security risks due to the risk management requirements of the Standard.

Establish an information security culture: With ISO 27001 certification Services in Kuwait embedded in the organization’s culture, employees are more aware of information security risks, and security measures are wide-reaching across all facets of the organization.

Meet contractual obligations: Certification demonstrates your organization’s commitment to information security and provides evidence that you have formally committed to complying with information security measures.

How IT Governance can help you

·         Our implementation methodology has been honed over 15 years

·         We are known as the global authority on ISO 27001 – our management team led the world’s first ISO 27001 certification project (formerly known as BS 7799)

·         We offer everything you need to implement an ISO 27001-compliant ISMS – you don’t need to go anywhere else

·         We guarantee certification (provided you follow our advice!)

·         You benefit from real-world practitioner expertise, not just academic knowledge

·         We have trained more than 7,000 professionals on ISO 27001 implementations and audits worldwide

·         We’ve helped more than 800 consultancy clients achieve certification to and compliance with ISO 27001

·         We have a proven and pragmatic approach to assessing compliance with international standards, no matter the size or nature of your organization

How to get ISO 27001 Consultants in Kuwait?  

If you are wondering How to get ISO 27001 Consultants in Kuwait never give it a second thought approaching Certvalue with a 100% track record of success without any fail in the certification process. ISO 27001 services in Kuwaitis easy and simple with Certvalue. You can easily reach Certvalue by simply visiting www.certvalue.com where you can chat with an expert and you can also write an inquiry to contact@certvalue.com so that one of our experts shall contact you at the earliest to provide the best possible solution is available in the market.

[thisdaynews]

CHINESE LOAN:$500 Million Loan Already Approved, Probe Unnecessary - Reps

New Post has been published on https://thebiafrastar.com/chinese-loan500-million-loan-already-approved-probe-unnecessary-reps/

CHINESE LOAN:$500 Million Loan Already Approved, Probe Unnecessary - Reps

The House of Representatives on Monday defended its decision to suspend activities of its standing and ad hoc committees, saying there was no hidden agenda.

It also faulted its Committee on Treaties, Protocols and Agreements for investigating the $500m loan facility Nigeria recently secured from China, saying it had already been approved by the National Assembly and captured in the 2020 Appropriation Act.

But before activities of the committees were suspended on Thursday, the Committee on Treaties, Protocols and Agreements had written the Ministry of Transportation, demanding documents containing loan agreements with China from 2000 to date.

Among the facilities the committee is probing is the $500m loan secured from China-EXIM Bank to finance railway projects under the Ministry of Transportation.

The Peoples Democratic Party had, on Saturday, asked the Speaker of the House of Representatives, Femi Gbajabiamila, to step aside for allegedly frustrating investigations into executive corruption.

The party stated this in a statement titled, ‘PDP Berates Gbajabiamila For Frustrating Corruption Investigation in the House of Representatives … Asks Speaker to Step Aside,’ signed by its National Publicity Secretary, Kola Ologbondiyan.

But the Majority Leader, Alhassan Ado-Doguwa, who is also the leader of the ruling All Progressives Congress caucus in the House, in a statement on Monday, berated the PDP for faulting the decision of the House to stop committees from investigative hearings.

The statement was titled, ‘’You’re suffering from horrific political hallucinations – Doguwa replies the PDP.’

Ado-Doguwa said, “It is at first repulsive for an opposition party, the PDP, that has seemingly lost the actual meaning and essence of opposition, to have brought in undue politics into a matter of national interest, especially at the time of prevailing health and economic challenges.

“Although one should not have glorified them with a response by wasting precious time required for fixing the economic woes which they recklessly plunged the country into, it has become imperative, for the sake of educating their sympathizers, to set the record unambiguously straight.

“It is ridiculous to discover that the PDP, a supposedly major opposition party in the country, does not know the workings of the National Assembly, let alone know where the constitution and the House procedures have been breached.”

According to the lawmaker, it has never been the practice of the House to continue with committee engagements while on annual recess, especially with the current COVID-19 pandemic.

Ado-Doguwa added, “It will be of interest to the PDP, the investigations the House is currently undertaking, including the Chinese loans, cover the 16 years the PDP was in power and when most of the loans were obtained. So, maybe they should be thanking the House leadership for covering up their misdeeds.

We have approved $500m Chinese loan, probe not necessary – Reps

“Hence, making reference to the recent $500m China loan by the PDP spokesman which has already been approved by the National Assembly through a transparent and formal request was either a deliberate misrepresentation of facts or an utter ignorance of history.

“Therefore, it is pertinent to know that the government has already captured the recent loan in the 2020 appropriation law and it should not be a subject of any controversy or query in the committee’s investigation process, at least for now. And as a matter of norm and procedure, the House can only wait until disbursements and utilisation commence before embarking on oversight implementation.”

We haven’t discontinued probes – Majority leader

The Majority Leader stated that the House had not discontinued other investigations, including those concerning the Niger Delta Development Commission, the Nigerian Social Insurance Trust Fund, power sector as well as all other allegations of corruption in ministries, departments and agencies of the Federal Government.

“All the pending investigations will continue as the House reconvenes,” he stated.

According to the lawmaker, the House under the leadership of Gbajabiamila will remain focused, committed and well-guided in safeguarding its institutional integrity, “without necessarily jeopardising our good working relationship with the Buhari-led popular government.”

Ado-Doguwa further said, “In fact, the PDP lacks the moral standing to accuse the leadership of the House of abetting corruption or protecting questionable officials from the ongoing investigation. For us in the APC, fighting the menace of corruption by prosecuting corrupt individuals has been the cardinal objective of the President Muhammadu Buhari administration.”

The Majority Leader stressed that the leadership of the House had observed “the deteriorating working relationship with the executive arm of government, which was mostly due to misconducts and sometimes deliberate and calculated attempt by some disgruntled government officials to drag the institution of the legislature into needless controversies for political gains.”

According to the lawmaker, the fact that the lawmakers are empowered by the constitution to oversight government agencies “does not in any way mean we should do that with injurious intentions.”

He argued that the wisdom of the oversight duties in the Constitution was “not to engage in a bickering with the executive.”

We have no plan to cover up corruption – House

The statement further read partly, “At this point, I must also make it clear that the House of Representatives has no clandestine plans or motives to cover up any corrupt engagement or business of the government. But as rational and progressive members, we are indeed committed to our partnership with Buhari administration to fight corruption in all ramifications, and provide good governance.

“Consequently, it must be borne in mind that gone are those seasons when the legislative arm of government would be stampeded or used by the so-called opposition forces to discredit, undermine or malign our own government.

“The steps we have taken recently are with the best of intentions and in the best interest of the House. It is our hope that you would continue to help to sustain the tempo so that together, we can bring sanity and grace to the Legislature and to further salvage its institutions. “

Panel replies Amaechi, transport ministry, demands more documents

Meanwhile, before the leadership of the House suspended activities of the panels, the Committee on Treaties, Protocols and Agreements had written to the Ministry of Transportation, demanding details of Nigeria’s loan agreements with China from 2000 to 2020.

The committee’s chairman, Nicholas Ossai, had last week accused the Minister of Transportation, Rotimi Amaechi, of failing to provide most of the documents requested from the ministry.

The ministry replied Ossai in a letter dated August 18, 2020 and titled, ‘Re: Request for the Federal Ministry of Transportation to transmit to the National Assembly all signed bilateral loan agreements, financial investment agreements and Other Contractual Documents between Nigeria and China Since 2000 to Date. ‘

The letter by the Director of Legal Services for the Ministry of Transportation, partly read, “I am directed to refer to the proceedings at the public hearing of the committee held on Monday, August 17, 2020, and to your consequent directives to the Federal Ministry of Transportation to produce certain additional documents to assist the deliberations of the committee.

“Pursuant to the above, please find enclosed herein, the following documents for your consideration: 3 no Volumes of list of Nigerian employees engaged on the Lagos-Ibadan Rail Project (total 14,273).

“Expenses incurred on procuring major construction materials in the local market. Local procurement contracts (equipment and materials). Expenses incurred on purchasing vehicles and generators in the local market. Expenses on project insurance.,Works sub-contracted to local companies with list of the companies.

“Copy of Addendum No. 2 in respect of the Nigerian railway modernisation project dated 28th August 2012. Properly witnessed copy of Addendum No. 2C (extra works to Lagos-Ibadan segment) dated 23rd December, 2019.

“Copy of Circular No. SGF/OP/1/S.3/X/737 dated 11th August, 2014, from the Office of the Secretary to the Government of the Federation, titled ‘Protection of the Federal Government and Its Corporation from Foreign Enforcement Proceedings Arising from Contract or Arbitration in Foreign Jurisdictions.’

“Schedule showing payments made thus far on the commercial agreements being implemented by the FMOT; a soft copy (flash drive) of China-linked project agreements being handled by the FMOT.”

Ossai had faulted the response by the ministry.

In a letter sighted by our correspondent, the committee wrote back to the ministry to demand more documents, which were expected to have been submitted on Friday last week.

The letter partly read, “Specific documents request from Federal Ministry of Transportation:

“Official documents of the power of attorney for the appointment of the borrower’s process agent on all loan agreements as prescribed in Appendix 7.

“Official confirmation letter by the appointed borrower’s process agents as prescribed in Appendix 8 of the loan agreements.

“Official copies of Attorney General of the Federation(’s) authorisation of the loan agreements. Copies of certificate of completion for completed projects.

“A copy of Federal Government circular with Reference Number SGF /OP/1/S.3/X/1737 dated 11th August, 2018, as sited in your contractual document of Addendum 3.1, Page 16, under the waiver of sovereign immunity clause and Addendum 3.2, Article 23, Page 16, etc.

“Copies of the bill of quantity of the commercial contracts. A list details of Nigerian employees engaged in other rail projects of the ministry. List details of Nigerian sub-contractors engaged in new rail projects of the ministry. Any other documents that may assist in the committee’s work.

“Please note that you are requested to submit 30 copies of each of these documents on each of the loan agreements to the secretariat of the committee by Friday the 21st day of August, 2020.”

…More Reps clash over probes’ suspension

In a related development, more members of the House on Monday disagreed over the probe by the House committee.

Two of them, Mark Gbillah (PDP) and Akin Alabi (APC), opposed themselves on Sunrise Daily, a breakfast current affairs programme by Channels Television.

The PUNCH had reported exclusively on Wednesday that crisis had hit the committee, with some members aggrieved with how the panel was handling the probe.

Gbillah said, “The main issue is the propriety or otherwise of that instruction. The House of Representatives is a constitutionally instituted body and it is not under the directive of any specific individual.

“So, when you look at that specific instruction that purportedly came from the leadership of the House, because it was sent via a letter from the Majority Leader, who, according to our Standing Orders, when it comes to committees, only liaises with chairmen and deputy chairmen of committees.”

While noting that Section 60 of the Constitution empowers the parliament to regulate its procedures, Gbillah said, “For the Speaker and the leadership to sit and by fiat issue a proclamation stopping committees from acting, in my opinion, and I think in legal parlance, the propriety of that decision is questionable because there is no provision in our laws that allows or gives the Speaker that power.”

Alabi, however, dismissed Gbillah’s claim as false. According to him, it is the tradition of the House not to have committee meetings and oversight visits during the recess.

He said, “The leadership thought that the wisest thing was to pause for a few weeks. We will soon get back into the House in a couple of weeks. So, there is no point having these scattered, not-put-together committee meetings and oversight engagements. Let us take a break, come back in September, and we will continue from there.”

$500m Chinese loan already approved, probe unnecessary – Reps

[youngandhungryent]

Run Me My Money!: Lauryn Hill Sued Cousin Over Unpaid Loan

Source: Tim Mosenfelder / Getty

Lauryn Hill may have had issues with tardiness and the IRS, but when it comes to a loan she gave a close relative-she expects her money on time.

According to The Blast (editor’s note: this was first reported last year by Bossip), Lauryn Hill is suing her cousin, Gerald Hill, over an unpaid loan that the singer loaned him in 2017. Court documents show that Lauryn Hill loaned her cousin $65,000 interest-free as long as the loan was repaid in full by September 2017. The contract drafted by Hill at the time states that failure to pay would result in an added 10% simple annual interest until the loan was settled.

Despite the reasonable terms, the “Doo-Wop” singer claimed that her cousin has yet to pay back anything on the loan and headed to court in June of this year, accusing Gerald Hill of breach of contract and sued him for $65,000 plus attorney fees.

“Defendant did not repay any portion of the loan on or before September 15, 2017, triggering the interest rate provision of the Loan Agreement. Furthermore, despite demand for repayment, to date Defendant has not repaid any of the $65,000 principal due and owing under the loan agreement or any of the interest amounts that became due and owing following Defendant’s non-payment.”

Although served, Gerald Hill was a no show at court leading the judge to decide in favor of Lauryn, granting her a default judgement in August. The court order read:

“Judgment is hereby entered in favor of Plaintiff and against Defendant in the amount of $72,886.62 consisting of $71,228.95 in damages, including contractual interest, attorneys’ fees in the amount of $1,401 and costs in the amount of $256.67.”

Even with a default judgement, Lauryn Hill was forced to head back to court after her cousin continued to refuse to make a payment. On October 22, the “Ex-Factor” singer submitted subpoenas requesting the court to review Gerald Hill’s finances, assets and income to assist with repayment. Hill also is petitioning the judge to demand that Gerald produce statements and show up to court.

As of press time, the case is ongoing.

source https://hiphopwired.com/828352/lauryn-hill-sues-cousin-over-unpaid-loan/

[back-to-louis]

As if he could be sued for 260million. That's like, over double what he's earned, and the band have split up so they can't even claim much in the way of loss of future earnings. The other boys would never stand by and watch someone be kept from their dying mother for a year just so they can keep their name. Larries think money and fame is more important to all of them than family.

Listen, it’s all connected if you think about it: larries valuing Louis’ net worth and the assumption that he is protective of it while also splurges to show it off and uses it as a source of power and intimidation is something they really, really get off on.

It’s part of the classism they so regularly have on display that makes them pity him for having to feign interest in “cheap” things like Adidas and Vans but thrill when he wears expensive designer clothing. They love the idea that Larry have several public and private houses because they have so much wealth and use the fact that Louis hasn’t used his money as leverage to demand full custody of Freddie and COMPLETELY DOMINATE and control Briana’s interactions with the world as evidence he couldn’t be his father or love him.

So they are calmed by the idea that Louis would lose so much money due to his own actions, mind you, of continually breaching NDA -- he could have not done this and not risked being sued, but he thought INFORMING THE LARRIES WAS THIS IMPORTANT -- that this is a reasonable defense for why he is, to this day, encouraging them to mock a baby when he loves babies and simply not raising this baby 100% of the time is indicative of cruelty and abandonment, and encouraging violence towards women as long as they’re the right women. That he does this to prevent the rest of the band from suffering financially, from being able to record on their own out of a sense of sacrifice for their respective wealth - this means something to them. What they can understand is that money is everything, except that it appears not to have bought Louis happiness OR freedom, so I’m unsure why they think so.

But this brings me back to my question, which is: when will the specter of the $260M lawsuit no longer be a thing? At what point will Louis’ net worth be enough to absorb it, and if it’s at what, 24M, 25M, now, at what rate would it have to increase to be able to absorb it? Shouldn’t that be the concern? Otherwise, why wouldn’t Louis just continue to be pressed into these ongoing stunts? I have yet to see an explanation for not WHEN, but WHY this should come to an end. Contractually, legally, if all of this is absurd and intended to punish Louis and just... keep him unhappy, what could ever happen to free him now that hasn’t already happened?

Will he stop caring about the money one day? What could make him stop caring about the money? What could he lose, after 2016, that could make him say, “no more, I’ll take the loss, I just need this to stop?”

[thehrblog]

Coronavirus: Employee Rights

Article contributed by Alex Monaco, Monaco Solicitors. 

Coronavirus: employee rights

There have been unprecedented impacts on employees’ rights during this coronavirus pandemic, including the right to health and safety and the right to be paid. If your employer has cut your pay because you have refused to attend an unsafe workplace or you have been unfairly dismissed, read our article here.

Despite many employers accidentally infringing, or even deliberately ignoring these rights to stay afloat in this chaos, your rights as an employee have not changed.

This guide covers:

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

Furlough leave.

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

Can your employer reduce your salary?

Support offered to the self-employed during the coronavirus.

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

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

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

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

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

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

Next steps

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

Your employer already knows how old you are. Assuming that they also know if you are pregnant, or suffer from ill-health or a disability, then hopefully they will be receptive to proposals for you to work remotely where possible or to be put on the government Coronavirus Job Retention Scheme on temporary ‘furlough leave’ (see below). The deadline for new entrants to the furlough scheme has now passed (except for parents on statutory maternity/paternity leave).

Even if you are just living with someone in the above categories, an attempt by your employer to force you to attend work could be breaking the law. The law for these circumstances is not yet clear in relation to covid-19. We advise that an attempt by your employer to force you to attend work could be unlawful, as doing so could be subjecting you to one or more of the following: – discrimination relating to age, pregnancy or disability, or – constructive dismissal or -breach of health & safety law

Furlough leave

The Coronavirus Job Retention Scheme, also known as ‘Furlough Leave’, is available if your employer’s business has been affected by covid-19. This scheme allows your employer to let you stay at home as the government will pay them 80% of your salary, up to a maximum of £2,500 per month until the end of July this year, at least (see more below). This can be backdated from the 1st of March this year.

The way in which this scheme will apply to you must be agreed between yourself and your employer, specifically whether you are happy to accept only 80% of your current salary up to a maximum of £2,500 per month, or whether you wish to receive the full 100% (with no upper limit). Your employer cannot simply put you on the scheme without your agreement. If you do not agree, however, they can make you redundant. Further information and tactics for employees about this is in our separate practical guide on furlough leave.

The scheme will continue to operate from August until the end of October this year, but employers will be expected to contribute to the cost and will be able to bring furloughed employees back to work part-time. Further changes to the scheme can be summarized as follows:

June 2020: The government furlough scheme will close to new entrants at the end of the month and employers must register new entrants prior to June 10th. Employers of parents on statutory maternity/paternity leave have been granted a longer period to register for furlough – details of which are still awaited.

From July 2020: Employees that have been furloughed can work part time. From August 2020: Employers will be required to pay the employers’ national insurance and pension contributions for furloughed employees.

From September 2020: Government contribution to furlough pay reduces to 70%, capped at £2,190 a month. Employers pay 10% (and top-up to 100% if previously agreed). From October 2020: Government contribution to furlough pay reduces to 60%, capped at £1,875 a month. Employers pay 20% (and top up to 100% if previously agreed).

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

No! Your employer may be allowed to start disciplinary action against you, but legally, they cannot dismiss you. Any attempt to do so would amount to automatically unfair dismissal under s.100 of the Employment Rights Act 1996.

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

Can your employer reduce your salary?

As long as your employer is justified in doing so, they can reduce your salary. We are frequently encountering employers telling their employees to take a pay cut during the coronavirus. It will be easy for your employer to justify giving you a pay cut provided that the same is being asked of other employees.

Employers can simply give you another contract of employment with a pay cut along with your notice. If you don’t agree to work under the new contract, your employer can terminate your employment when your notice period is over.

The effects of coronavirus on the self-employed.

On the 29th May 2020 the Chancellor announced a second grant for self-employed whose businesses have been affected by the coronavirus. The main points of this scheme include: The initial grant will be a taxable payment of 80% of the business’ average monthly trading profits, covering three months of profit up to £7,500. The deadline for applications for this grant was July 13th 2020.

The second grant is worth 70% of the business’ average monthly trading profits up to £6,570. This can be applied for in August 2020.  Recipients can work as well as receiving these grants.

Payments are: Based on your average income in the previous 3 years of trading. Not available to people on over £50,000 p.a.

Read more in our article on the government scheme for the self-employed and read the government website for the self-employed scheme here.

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

If you have symptoms or have been advised by your doctor or other medical authority to self-isolate, you are legally entitled to Statutory Sick Pay (SSP). You can obtain an isolation note online on the NHS 111 website. The current legislation does not entitle you to SSP if you are not sick yourself and want to self-isolate. The current legislation does not entitle a vulnerable person, for example old or with underlying health conditions to SSP. Still, we would advise that you get an isolation note online on the NHS 111 website, which would then entitle you to SSP.

Your employer must do a risk assessment if you are pregnant. Where it is deemed unsafe to attend work, your employer must suspend you on full pay. You are entitled to start your maternity leave at this point if this is within 6 weeks of your due date, as per the legislation here.

If, however, you can work remotely, and your employer agrees to this, then in these circumstances, you will be entitled to your usual pay.  Before deciding to take any action, you should talk to your employer about your concerns and see if you can agree on the best way forward. 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?

Your employer can ask you to stay away from work if they have good reason to ask you not to attend (for example, if you have recently returned from a country badly affected by coronavirus or had contact with someone with the virus). Where this is the case, you will be entitled to your contractual pay.

If your hours of work have been reduced or your employer closes your place of work, then you are entitled to your normal pay, without any reduction. Alternatively, your employer can put you on the government’s furlough leave scheme (see above) as the government will pay 80% of your salary whilst you’re 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 an extension of the Coronavirus Job Retention Scheme mentioned above, to people with childcare responsibilities due to covid-19 restrictions. This must be agreed with your employer as furlough is not an automatic right, however, this is great news for parents.

So, what are your automatic rights? Automatic rights are set out in pre-existing legislation, Section 57A-57B Employment Rights Act 1996. According to this legislation, you have a right to ‘reasonable’ time off work to care for dependents in an ‘emergency’. This includes where 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 in these circumstances, time off will be unpaid. What is a ‘reasonable’ amount of time off depends on your individual situation. Your employer is required to consider your case without reference to possible disruptions or inconvenience to their business.

Undoubtedly the coronavirus crisis does fall under an emergency, and what is considered as ‘reasonable’ is a period of time ongoing, at least, until schools and nurseries are open. But you should initially ask for full pay or at least furlough leave (see above).

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

If you have been diagnosed with coronavirus or medical authorities suspect that you may have it, you will be entitled to the usual entitlements to pay and sick leave, 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?

Normally, when employers are making over 20 employees redundant, they have to consult for a period of 90 days before making redundancies. However, with coronavirus, this period could be compressed so that they do not have to consult for the full 90 days, as employers are likely to cite ‘special circumstances’. In our opinion, they would, still need to consult employees but for a reduced number of days.

The employer has a duty to consult you if less than 20 people are being made redundant. This would generally include more than one meeting and an opportunity for employees to make reasonable input into the decision, despite not being defined by statute.

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

If you are 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. If your employer does not reply, you can resign and will have a claim for your statutory redundancy pay. In doing so, you must give notice, as per your notice period (which is 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 you if you have been affected by any of the situations outlined above. This app provides individuals with an advice letter as well as two example letters to your employer for free.

from The HR Blog https://thehr.blog/2020/07/20/coronavirus-employee-rights/?utm_source=rss&utm_medium=rss&utm_campaign=coronavirus-employee-rights