Download or read book Social Justification of the Termination of Employment written by Jacqueline Rausch and published by GRIN Verlag. This book was released on 2015-05-21 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2014 in the subject Law - Civil / Private / Industrial / Labour, grade: 2,0, German Graduate School of Management and Law gGmbH, course: Corporate Governance and the Legals Aspects of Business, language: English, abstract: In Germany the relationship between employer and employee is characterised as a continuing obligation and therefore, besides a few exceptions, it needs an official termination of the working contract. This assignment deals with the one-sided termination of a working contract by the employer and in particular with the so-called "ordinary cancellation". One aspect of the ordinary cancellation of a working contract is the "German Protection against Dismissal Act" (KSchG). On the one side the KSchG has to ensure individual interests of the employer as well as the employee and on the other side to enhance the moral commitment on both sides. General prerequisites for the application of the KSchG can be found in section 2. The employment law provides three different scenarios of an ordinary termination. Firstly, the termination for reasons related to the person itself (see section 3), secondly the termination related to the conduct of a person (see section 4) and lastly the termination for urgent operational reasons (see section 5). Besides the general protection against dismissal the law also provides a special protection for a few groups of employees, which is described in section 6, covering also the extraordinary termination.
Download or read book Managing Termination of Employment written by Joydeep Hor and published by CCH Australia Limited. This book was released on 2009 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A best practice guide to terminating employment in light of the fair Work Act 2009. Terminating employment can be an emotional and legal minefield, for both the employer and the employee. This guide explains when and how an employer can justifiably terminate employment for a range of reasons, including poor performance and redundancy.
Download or read book Termination of Employment Digest written by International Labour Office and published by International Labour Organization. This book was released on 2000 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topics covered include an overview of legislation on termination of employment, the different approaches taken to the subject in various national systems, an introductory summary of the legislation on termination.
Download or read book Employment Labour Law written by Siân Keall and published by Sweet & Maxwell. This book was released on 2012 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 3rd edition takes into account the extensive changes made by the Companies Act 2006. This is an indispensable text for law students, covering all the essential areas of company law in a clear and logical format.
Download or read book International Labor Employment Law written by and published by . This book was released on 2005 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the host of legal issues facing global businesses, perhaps none is more significant than the issues regarding the individual employees who keep the business running on a daily basis. International Labor & Employment Law is a comprehensive book to help businesses understand the laws that govern labor & employment around the world and to create a successful workforce transcending traditional barriers. Authored by attorneys representing twenty-five jurisdictions on six continents, this book walks through the broad legal basics of each country's court system as well as the specific laws relating to hiring and firing, unions, employee benefits, and other important aspects of labor and human resources. The chapters in this book take readers beyond the laws that exist on paper and provide practical information on the current legal environment, relevant case law, and standard business practices. Whether the business requires sending employees overseas, acquiring an already-staffed company,
Download or read book European Social Charter revised written by Council of Europe and published by Council of Europe. This book was released on 2008-01-01 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Labor Law Policy Journal written by and published by . This book was released on 2003 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wrongful Termination Litigation in the United States and Its Effect on the Employment Relationship written by Susan R. Mendelsohn and published by . This book was released on 1990 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sexual Harassment in the Workplace Sexuality social relations and the workplace written by Alba Conte and published by Wolters Kluwer. This book was released on 2010-01-01 with total page 6006 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of sexual harassment is constantly evolving, and the number of sexual harassment claims is dramatically on the rise. Sexual Harassment in the Workplace, Fourth Edition, is a comprehensive guide that provides all the information you need to successfully litigate a sexual harassment claim. Sexual Harassment in the Workplace guides you through the relevant administrative and legal proceedings, from client interviews to attorney's fees. It discusses state and federal remedies available to maximize recovery, including: The development and elements of the claim Sample pleadings Discovery documents Reviews of actual cases Special attention is given to important topics such as: Suits by alleged harassers Insurance indemnification Class actions And many others Sexual Harassment in the Workplace brings you up to date on the latest case law developments, including the following: A new checklist of items to cover when representing an employer The U.S. Supreme Court confirmed that retaliation is actionable under Title IX where a girls' high school basketball coach claimed that he suffered retaliation for complaining about sexual discrimination in the athletic program of the school, even though he himself was not the direct victim. Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) In order to increase opportunities for mediation, the EEOC expanded the charges eligible for mediation and now mediation is available at the conciliation stage, after a finding of discrimination has been issued, in appropriate cases The U.S. Supreme Court has held that under the Federal Arbitration Act, where parties to an arbitration agreement include a provision that delegates to the arbitrator the threshold question of enforceability of the arbitration agreement, if a party specifically challenges the enforceability of the entire agreement, the arbitrator would consider the challenge. If, however, the party only challenges the enforceability of the arbitration provision, the challenge must be heard by a court. Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010) The lack of timeliness in filing a discrimination action is an affirmative defense and the burden of proof is on the employer. Salas v. Wisconsin Department of Corrections, 493 F.3d 913, 922 (7th Cir 2007) A federal employee's premature filing of a sexual harassment employment discrimination and retaliation complaint did not constitute a failure to exhaust administrative remedies so as to deprive the district court of subject-matter jurisdiction. Brown v. Snow, 440 F.3d 1259 (11th Cir. 2006) A majority of states impose a shorter period for filing with their agencies, though, so the filing deadline is not always extended when a state has its own agency The andquot;single filing ruleandquot; - under which a party who has not filed an EEOC charge or received a right-to-sue notice may andquot;piggybackandquot; his or her judicial action on the claim of a party who has satisfied those prerequisites - has been described as a andquot;carefully limited exceptionandquot; to Title VII's procedural requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir. 2006) Provided that an act contributing to the claim occurs within the filing period, the court may consider the entire period of the hostile environment for purposes of determining liability. Jordan v. City of Cleveland, 464 F.3d 584 (6th Cir. 2006) The Supreme Court has held that a plaintiff's timely filing of an EEOC intake questionnaire, which was followed by an affidavit stating andquot;Please force Federal Express to end their age discrimination . . .andquot; constituted a charge, cautioning, however, that its permissiv
Download or read book Labour and Employment Compliance in Germany written by Gerlind Wisskirchen and published by Kluwer Law International B.V.. This book was released on 2022-07-20 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in Germany. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Germany on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: · written and oral contracts · interviewing and screening · evaluations and warnings · severance pay · reductions in force · temporary workers · trade union rights · wage and hour laws · employee benefits · workers’ compensation · safety and environmental regulations · immigration law compliance · restrictive covenants · anti-discrimination laws · employee privacy rights · dispute resolution · recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
Download or read book Justice in Dismissal written by Hugh Collins and published by . This book was released on 1992 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is the dismissal of employees from their job fair? This work provides a critical evaluation of the law of dismissal from the perspective of social justice. It illuminates the general legal rules and principles of the law, as well as highlighting the social, political, and philosophical context in which the idea of protection from "unfair dismissal" has developed and currently operates.
Download or read book Corporate Restructuring and the Role of Labour Law written by Roger Blanpain and published by Springer. This book was released on 2003-01-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bulletin presents a comparative analysis of the degree of worker protection available today in nine countries in the event of corporate restructuring. The countries are France, Germany, the United Kingdom, the United States, Australia, China, Japan, Korea, and Taiwan. Each of the papers, presented by a noted industrial relations scholar from the country in question, proceeds from a summary of the national legal framework governing corporate restructuring, through the succession of employment contracts, to an analysis of such major components of the problem as justification of economic dismissals and changes in terms and conditions of employment. Specific topics covered in each analysis include the following: special legislation covering transfer of undertakings treatment of insolvent corporations economic dismissals before and after corporate restructuring transfer of workers in lieu of dismissal the role of labour unions and works councils The authors pay particular attention to the effectiveness of employee protection legislation such as the EC Transfer of Undertaking Directive (and its implementation by Member States) and Japan's Labour Contract Succession Law and, in the case of the United States, the virtual absence of such legislation. These papers were originally presented at the Sixth Tokyo Seminar (March 2002) of the Japan Institute of Labour. Their penetrating individual analysis and revealing comparative perspective is sure to help policymakers, lawyers, academics, and other specialists in industrial relations find a way forward in this important area that recognizes the best interests of both employers and employees.
Download or read book Policies and Practices for Mental Health in Europe written by and published by WHO Regional Office Europe. This book was released on 2008 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This WHO report co-funded by the European Commission gives an overview of policies and practices for mental health in 42 Member States of the European Region. A large majority of countries have made significant progress over the past few years, and several are world leaders in mental health promotion, mental disorder prevention activities, service reform and human rights. Nevertheless, this report also identifies weaknesses in Europe, some systematic, such as a lack of consensus on definitions, and of compatible data collection, and others such as the need for development and investment across several areas. It identifies gaps in information where further work must be done, and is a baseline against which progress can be measured towards the vision and the milestones of the Mental Health Declaration for Europe. The data were obtained from the ministries of health of 42 European Member States. Over 150 figures and tables in the report demonstrate the diversity across the European Region, and allow country to country comparisons of indicators such as numbers of psychiatrists, financing, community services, training of the workforce, the prescription of anti-depressants and representation of users and carers.
Download or read book Termination of contracts of employment and the applicability of the international labour organisation standards on unfair dismissial in Cameroon written by Tangwa Modestine Ginje and published by GRIN Verlag. This book was released on 2021-07-15 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Masterarbeit aus dem Jahr 2018 im Fachbereich Jura - Zivilrecht / Arbeitsrecht, , Sprache: Deutsch, Abstract: The following research questions will be answered in this thesis: How are employment contracts terminated in Cameroon? Do Cameroon laws on unfair dismissal take into consideration the ILO standards on termination of employment contracts? What mechanisms and remedies have been put in place to afford adequate protection of worker’s rights in the case of unfair dismissal? What policy proposal can be proffered as solution to the questions raised?
Download or read book General Survey of the Reports Relating to the Termination of Employment Recommendation 1963 no 119 written by International Labour Office and published by . This book was released on 1974 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Official Gazette written by Philippines and published by . This book was released on 1990 with total page 1124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Vulnerability and the Legal Organization of Work written by Martha Albertson Fineman and published by Routledge. This book was released on 2017-07-06 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.
