Legal Constraints on Business by MrNeill https://padlet.com/MrNeill20/PESTLE Research your country and how it impacts business that operate there. en-us 2017-10-13 11:36:47 UTC 2019-12-04 09:27:34 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Clouds.png Germany eun_jung https://padlet.com/MrNeill20/PESTLE/wish/196762140 Employment practices:
German labor and employment law is strongly biased in favour of employees”. Some examples of German labor and employment law:
- By law, German employees must have written employment contracts that reflect the key aspects of the employment relationship (e.g., parties to the contract, work to be performed, gross salary and benefits, vacation etc.).
- Under a five-day week, the average working time is between 35 and 40 hours.
- Working on Sundays and public holidays is generally prohibited. However, the German law on working hours provides for several exceptions in which working on Sundays and public holidays is permitted.
- It´s typical for an employee to receive between 25 and 30 vacation days per calendar year.
- German labour and employment law requires the continuation of full salary payments for a period of six weeks in case of sickness of an employee (under certain circumstances, the employer has to continue payments for up to 12 weeks).
- During the employee’s pregnancy and during a period of four months after childbirth, no termination of the employment relationship by the employer is permissible.

Consumer rights
- If the product is defective, the seller is responsible to put thing right, even for purchases made through an internet platform.
- There is no specific deadline for the customer to notify the defect other than the legal period of 2 years from delivery of the goods.



]]> 2017-10-13 11:45:45 UTC https://padlet.com/MrNeill20/PESTLE/wish/196762140 China pablo_megido https://padlet.com/MrNeill20/PESTLE/wish/196762343 - Employment practices:  There is no single national minimum wage in China.  However, regional statutory minimum wage rates exist. For example, the minimum wage rate in Beijing is RMB 1,860 (Chinese yuan) since September 2016.
Generally, the statutory normal working time is eight hours per day and 40 hours per week. 8 hours a day, 5 days a week. However,  many foreign employers dislike this system because it means any work done outside standard working hours is overtime and must be paid.
- An employer can require an employee to work overtime for one hour only in a working day, unless a special circumstance applies.
Various rates of overtime apply, depending on when the overtime is worked.
- Employees are entitled to three days’ public holiday during the Chinese new year period. In total, there are 11 public holidays in a year. Employers must pay a premium rate to employees who work on a public holiday.
- Training: Employers are required to establish an internal vocational training system and provide employees with training. A certain percentage of the wage bill must be spent on employee training
http://www.chinalawblog.com/2017/08/china-employee-working-hours-and-the-things-you-cannot-skip.html
(Second paragraph, effect on businesses)
- Consumer rights:   
  • In allegations of counterfeiting, the onus of proof is now on the retailer to prove their innocence for the first 6 months after the sale, rather than the consumer to prove wrongdoing all the time, as previously;
  • Penalties for fraud and false advertising have been increased;
  • Class-action lawsuits against retailer malfeasance have been made easier to file (though limited to state Consumer Associations and their local branches)
  • Retailers are now required to accept goods for return within 7 days of purchase unless agreed otherwise
  • For online and other types of delivery purchases, consumers are not required to provide a reason for returns
  • Greater restrictions now apply to retailers’ collection and use of consumer data. 

- Competition Law:  
Anti Monopoly Law of China refers to the Anti-Monopoly Law of the People’s Republic of China, passed by the National People’s Congress on 30 August 2007, and implemented as of 1 August 2008. This is done to avoid big firms to take control of a whole market by themselves, protect fair market competition and avoid squeezing the smaller firms out, and therefore, having a monopoly.
https://www.uschina.org/reports/competition-policy-and-enforcement-china

- Location of Business:
China wants high-tech. China does not want pollution. They want businesses that will give a lot of people good jobs, and they want to encourage development inland.

Because China's government is so tightly affiliated with its businesses, knowing what the government wants will help you draft your business plan later on
https://www.inc.com/guides/2010/07/how-to-start-a-business-in-china.html
In June 2015, the municipal government unveiled policies to encourage startups in the city as it looks to achieve its ambition of becoming a global technological innovation centre by 2030. Foreign graduates of universities on the Chinese mainland can apply for a two-year residence permit by presenting a graduation certificate and a business plan, or proof of their startup.
]]> 2017-10-13 11:46:44 UTC https://padlet.com/MrNeill20/PESTLE/wish/196762343 USA alvaro_logrono https://padlet.com/MrNeill20/PESTLE/wish/196762464 Employment Practices:  

 

The Occupational Safety and Health Act (OSHA) regulates health and safety conditions in private-sector industries to ensure that work environments do not pose any serious hazards. Covered employers are required to display a poster in the workplace, outlining workers’ rights to request an OSHA inspection, how to receive training on hazardous work environments and how to report issues.


The Fair Labor Standards Act determines wage and overtime pay of one-and-one-half-times the regular rate of pay. It also regulates child labor, limiting the number of hours that minors can work.


The Employee Retirement Income Security Act (ERISA) oversees employer's pension plans and the necessary fiduciary, disclosure and reporting requirements. ERISA doesn’t apply to all private employers, and doesn’t require companies to offer plans to workers, but it does set standards for plans, should employers choose to offer them.



The Family Medical and Family Leave Act requires employers with more than 50 employees to give workers up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, for the serious illness of the employee or a spouse, child, or parent, or for emergencies related to a family member’s active military service, including childcare requirements.



 
Credit, Debt, and Identity Theft Issues
  • Billing errors. The Fair Credit Billing Act requires a credit card company to promptly and appropriately handle billing mistakes.
  • Credit card interest. The Credit Card Accountability, Responsibility, and Disclosure Act precludes credit card companies from issuing rate increases without prior notice.
  • Credit reporting issues. The Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act ensure that reporting agencies give accurate information to lenders. Consumers have the right to know the contents of their report and to receive a free yearly credit report. Identity theft victims also have the right to an investigation and the placement of a fraud alert on the account.
  • Debt collectors. The Fair Debt Collection Practices Act prohibits the use of deceptive and unfair techniques when collecting bills.
  • Lending disclosure requirements. The Truth in Lending Act requires a lender to provide details about your loan, such as the loan length and the costs you’ll pay.
  • Identity theft. The Identity Theft and Assumption Deterrence Act of 1998 created the federal crime of identity theft. For more information, read If You're a Victim of Identity Theft.)
Discrimination Issues
  • Credit discrimination. The Equal Credit Opportunity Act forbids a lender from refusing credit due to characteristics such as race, religion, national origin, sex, age, or the receipt of public aid.
  • Housing discrimination. The Fair Housing Act and Fair Housing Amendments prohibit landlords from discriminating against potential renters on the basis of race, religion, ethnic background, sex, familial status, or a mental or physical disability. (The U.S. Department of Housing and Urban Development (HUD) enforces this law.)
Harmful Product Concerns
  • Unsafe products. The Consumer Product Safety Act protects consumers by regulating potentially dangerous products, such as toys painted with lead paint.
  • Unsafe drugs, cosmetics, or medical devices. The Food, Drug, and Cosmetic Act prohibits legitimate and fraudulent drug and device manufacturers from selling mislabeled or adulterated products.
Vehicle Issues
  • Warranty issues. Under the Magnuson-Moss Warranty Act, manufacturers and sellers must explain warranty coverage, terms, and exclusions. (For more information, read Disputes over Vehicle Warranties.)
  • Used car disclosures. Compliance with the Used Car Rule requires a dealer to display a “Buyer’s Guide” in the vehicle window.

 





 
]]> 2017-10-13 11:47:18 UTC https://padlet.com/MrNeill20/PESTLE/wish/196762464 Spain jacinto_bordon https://padlet.com/MrNeill20/PESTLE/wish/196762696 consumer rights:
- 2 years for new goods and 12 months for second-hand goods gurantee
-The prescription period is 3 years from delivery of the goods unless there is a suspension of the statutory limitation
- Consumers are entitled to protection against any risks that may affect their health or safety, which is a right that is considered a general rule
-false advertising is sanctioned

Employment Practices:
-Be given at least 12 hours' rest before starting the next day's work
- Not work more than nine hours a day.
- employees have the right to not be directly or indirectly discriminated against in employment
-Minimum age: Persons under the age of 16 cannot work

Competition law:
-Employees can´t work for the competitor once he has finished his employment agreement
-It forbids managers and partners in limited (ie, small) companies to participate in activities which are in competition with the company.
- any commercial agreements in Spain also include competition limitations, in particular regarding companies acquisitions. This is permitted in Spain, if the limits are: necessary and accessory (included, as means to guarantee the main agreement)

Location on business:
- The business haves to be registered in the public notary
Within a week approximately, the public deed is granted by the notary, the company is registered with the commercial registry, the tax authorities and the social security agency 
-(Ley de suelo)law on terrain
- you are constrained in how much of the plot you can cover, and you are constrained by the maximum size of building you can erect.
- All rustic land is governed by the national law and by the land laws of the autonomous regions, even though it belongs to the jurisdiction of a local town hall
- There are three basic documents:
The Nota Simple: Land Registry
The Catastral: Local Rates
The Escritura: Title Deeds 


 
]]> 2017-10-13 11:48:23 UTC https://padlet.com/MrNeill20/PESTLE/wish/196762696 UK juancarlos_perez https://padlet.com/MrNeill20/PESTLE/wish/197710743 Employment practices:

Trade Union Act:
The Act reforms the rules on trade union ballots for taking industrial action. The main provisions of the Act are :
  • 50% turnout threshold for there to be a valid ballot on industrial action.
  • Threshold of 40% support from all members in order to take industrial action in key sectors.
  • Four month time limit for which the ballot will remain valid to authorise industrial action.

Consumer rights:

The rules also include digital content in this definition. So all products - whether physical or digital - must meet the following standards:  

  • Satisfactory quality  Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury  goods. 
  • Fit for purpose  The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods. 
  • As described  The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

Competition law:

  • prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels.
banning abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal and many others.
  • supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licences or access to facilities to enable other businesses to continue competing.

Location on business:
Government grants for small businesses are available from the UK government, the Scottish Parliament, and the Welsh and Northern Ireland Assemblies. There are over 100 different government bodies which will offer different forms of funding based on specific criteria and objectives.  There are often over 3,000 grant schemes running for UK start-ups at any one time, so it can be a confusing process for business owners to decide which organisations to contact.
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