This document discusses various topics related to labour law in India including contracts of service, contracts for service, the Standing Orders Act, and the Contract Labour Act. It provides definitions for key terms, outlines tests to distinguish between contracts of service and contracts for service, explains the sources of employment terms and conditions, and summarizes the purpose, provisions and applicability of the Standing Orders Act and Contract Labour Act.
It is critically important to review and "manage" your contract provisions when dealing with a Change Order or potential differing site condition claim on the project.
Construction Claims generally comes up between two parties of the construction contracts, and there can be several reasons which result in a claim such as a delay in the project, uninformed changes, misinformation, unforeseen circumstances and general conflicts. In UAE, as the constructions are on the rise, so the disputes are. Professional construction claims consultants Dubai offering services protecting the values of both the clients and the contractors.
It is critically important to review and "manage" your contract provisions when dealing with a Change Order or potential differing site condition claim on the project.
Construction Claims generally comes up between two parties of the construction contracts, and there can be several reasons which result in a claim such as a delay in the project, uninformed changes, misinformation, unforeseen circumstances and general conflicts. In UAE, as the constructions are on the rise, so the disputes are. Professional construction claims consultants Dubai offering services protecting the values of both the clients and the contractors.
Clause 14.1 The Contract Price- Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Contract Price is an agreed amount or lump sum amount for the design, execution and completion of the works, remedying of defects and adjustments.
•The Contract Price is inclusive of all taxes, duties and fees and adjusted as per changes in legislation.
•The Contract Price is linked with variation, legislation, access to site, delay damages, provisional sum, costs, unforeseeable difficulties, employer’s risk etc.
Good contracts will take into account CDM 2007 arrangements. Learn from these practical examples when drafting your contracts - presentation by Julian Scott of Squire Sanders exclusively for ARMSA Consulting wind energy clients.
Gary Lewis's presentation on Guiding principles of CDM 2007 and its application to Joint Ventures in the Wind Energy Sector - exclusively presented to ARMSA Wind Energy clients on Breakfast Seminar on 30 October 2013 and now available to public.
Clause 14.2 Advance Payment-Understanding Clauses in FIDIC ‘Conditions of Con...Divyanshu Dayal
•Advance payment is an interest free loan to the contractor.
•Advance payment is only paid on fulfillment of certain conditions as stipulated in the clause on receipt of a statement of an interim payment, advance guarantee and performance security.
•Advance guarantee shall remain valid until the advance payment has not been completely repaid. This repayment is done through proportional deduction in the contract price or as stipulated in the particular conditions of the contract.
•Advance payment is also linked with taking over certificate, termination of the contract and force majeure.
On February 16, construction law attorney, Mike Madigan hosted an in-house seminar discussing construction claim management + project documentation. The seminar focused on the steps to make a claim, key project documentation considerations, and dealing with a claim from the perspectives of the owner, the CM, and the subcontractor.
Clause 14.9 Payment of Retention Money-Understanding Clauses in FIDIC ‘Condit...Divyanshu Dayal
•Retention money is held as a percentage of interim payments.
•Retention money is returned in parts after issue of taking over certificate and after expiry of defects notification period.
•In lieu of retention as percentage of interim payments, the contractor can issue a retention guarantee as agreed by the parties.
"Ranking of Causes of Disputes and Use of Dispute Resolution Methods for Cons...Abhishek Shah
National Conference on Recent Research and Development in Core Disciplines of Engineering” held at Vadodara, Gujarat, India Institute of Engineering on 25th and 26th April 2015.
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Performance Security is in the amount as stated in particular conditions of the contract as a guarantee towards performance of the contractor.
•Performance Security is valid and enforceable until the contractor has executed and completed the works, remedied any defects and has become entitled to receive performance certificate after issue of performance certificate by the employer.
•Performance Security is also linked with failure by the contractor to pay the employer an amount due, as either agreed by the contractor or determined under employer’s claim, claims, disputes and arbitration and termination by employer.
Clause 14.1 The Contract Price- Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Contract Price is an agreed amount or lump sum amount for the design, execution and completion of the works, remedying of defects and adjustments.
•The Contract Price is inclusive of all taxes, duties and fees and adjusted as per changes in legislation.
•The Contract Price is linked with variation, legislation, access to site, delay damages, provisional sum, costs, unforeseeable difficulties, employer’s risk etc.
Good contracts will take into account CDM 2007 arrangements. Learn from these practical examples when drafting your contracts - presentation by Julian Scott of Squire Sanders exclusively for ARMSA Consulting wind energy clients.
Gary Lewis's presentation on Guiding principles of CDM 2007 and its application to Joint Ventures in the Wind Energy Sector - exclusively presented to ARMSA Wind Energy clients on Breakfast Seminar on 30 October 2013 and now available to public.
Clause 14.2 Advance Payment-Understanding Clauses in FIDIC ‘Conditions of Con...Divyanshu Dayal
•Advance payment is an interest free loan to the contractor.
•Advance payment is only paid on fulfillment of certain conditions as stipulated in the clause on receipt of a statement of an interim payment, advance guarantee and performance security.
•Advance guarantee shall remain valid until the advance payment has not been completely repaid. This repayment is done through proportional deduction in the contract price or as stipulated in the particular conditions of the contract.
•Advance payment is also linked with taking over certificate, termination of the contract and force majeure.
On February 16, construction law attorney, Mike Madigan hosted an in-house seminar discussing construction claim management + project documentation. The seminar focused on the steps to make a claim, key project documentation considerations, and dealing with a claim from the perspectives of the owner, the CM, and the subcontractor.
Clause 14.9 Payment of Retention Money-Understanding Clauses in FIDIC ‘Condit...Divyanshu Dayal
•Retention money is held as a percentage of interim payments.
•Retention money is returned in parts after issue of taking over certificate and after expiry of defects notification period.
•In lieu of retention as percentage of interim payments, the contractor can issue a retention guarantee as agreed by the parties.
"Ranking of Causes of Disputes and Use of Dispute Resolution Methods for Cons...Abhishek Shah
National Conference on Recent Research and Development in Core Disciplines of Engineering” held at Vadodara, Gujarat, India Institute of Engineering on 25th and 26th April 2015.
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Performance Security is in the amount as stated in particular conditions of the contract as a guarantee towards performance of the contractor.
•Performance Security is valid and enforceable until the contractor has executed and completed the works, remedied any defects and has become entitled to receive performance certificate after issue of performance certificate by the employer.
•Performance Security is also linked with failure by the contractor to pay the employer an amount due, as either agreed by the contractor or determined under employer’s claim, claims, disputes and arbitration and termination by employer.
REASONS FOR SEPARATION
Voluntary Separation
Professional reasons
Personal reasons
Involuntary Separation
Health problems
Behavioral problems .
Organizational problem
TYPES OF EMPLOYEE SEPARATIONS
Voluntary Separations
Quits
Voluntary Retirements System
Involuntary Separations
Dismissal / Termination
Retrenchments
Retirement
Layoff
Death
This Presentation will give you detailed information about Office Etiquette which will help you to get better response from your boss and colleagues by your changed behavior .
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Farsight’s Separation Management HR Tool ensures timely settles dues of an off boarding employee and follows an efficient Separation. It ensures best HR practices are perceived in employee termination process. Once an employee updates the system about Separation plans, he/she will be notified of all the procedures and steps that they need to undergo. Separation module helps companies to automate entire Separation cycle from Employee resignation till deactivation of employee.
The process starts with Employee’s online resignation, which is followed by sending E-Mail the Department Head and HR Manager. The HOD and Department Head receive resignation mail of the employee which can be automatically reverted with the help of Farsight’s module keeping everyone updated regarding employee’s activities.
THE PRESENTATION FOCUSES ON THE IMPORTANCE, PROS, CONS AND IMPACT OF THE EMPLOYEES RETENTION AND SEPARATION. ALSO HIGHLIGHT SME STRATEGIES FOR APPROVING THE RIGHT WAY TO DO IT.
Joint hindu family or Hindu Undivided Family (HUF) is an exclusive feature of Hindu Law. Joint Hindu family is a unit considers by law as separate entity for the purpose of taxation, but it is not considered as separate legal person. Present slides give an overview of Hindu undivided family and its consequences.
General Exceptions in Indian Penal Code from section 76 to 106 are exception to general principles of criminal law and criminal law are subject to such exceptions. Right to private defense is also discussed in the instant presentation
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
This "Brief Guide" gives information on Contracts of Employment in the Republic of Ireland including minimum required terms and conditions and more information on permanent, fixed term and specific purpose contracts. This document can be downloaded at http://www.collierbroderick.ie/Services/HR%20Administration/Contract%20of%20Employment.asp
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
Employees have certain legal rights such as the right to be paid a m.pdfakratigarments13
Employees at a large computer company earn sick leave in one-minute increments depending on
how many hours per month they work. They can then use the sick leave time any time
throughout the year. Any unused time goes into a sick bank account that they or other employees
can use in the case of emergencies. The human resources department has determined that the
amount of unused sick time for individual employees is uniformly distributed between 0 and 480
minutes. Based on this information, what is the probability that an employee will have less than
20 minutes of unused sick time?
Solution
(20 minutes - 0)/(480 minutes - 0) = 1/24 = 0.042.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
Assignment 4 is worth 20 of your final grade. This assignment shoul.docxeleanorabarrington
Assignment 4 is worth 20% of your final grade. This assignment should be submitted after you have completed the readings and learning activities for Unit 6.
Assignment 4 assesses your understanding, analysis, and practical application of the law as it relates to the exercise of bargaining rights.
In Assignment 4, you are expected to analyze and form a number of conclusions on a case in which collective bargaining rights are tested, as they are so often, by an industrial dispute. Read the following case study, and study the questions that appear at the end of the case.
Then, combine your answers to these questions in an essay that does not exceed 1,500 words.
Once you have successfully completed and submitted your assignment, you are welcome to contact your academic expert to find out what happened next in the case.
A Note on This Case
This case is summarized from an actual complaint to the Alberta Labour Relations Board,
UFCW
1118
v
.
Airtex
Manufacturing Partnership,
[1991] Alta. L.R.B.R. 783. The names of the complainants and the respondents have not been changed, but some facts and descriptions have been modified.
Reading the Alberta Board’s award is unlikely to help you complete this assignment. Legislation in Alberta has changed and you may well be covered by different legislation. And labour relations boards can also be wrong!
The Case in Brief
The employer (Airtex) has commenced a lawful lockout of its employees before the bargaining agent (the union) was able to commence a lawful strike. Airtex has announced that it will lift the lockout after one day and employees are expected to return to work under interim working conditions. It has threatened dismissal for employees who do not return to work under the interim conditions.
The interim conditions have been set out in a detailed booklet resembling a collective agreement. The interim conditions, however, omit all references to the union embodied in the employer’s proposal: the recognition clause, union security clause, grievance procedure, non-discrimination clause, and provisions for union communication with employees. The union has complained that among other things, Airtex has violated its duty to bargain in good faith, has interfered with the union’s representation of employees, and has refused to employ employees because they are exercising their rights under the
Labour Relations Code
.
The Issue
Under provincial labour relations legislation, what are the respective rights and duties of employees, the union, and the employer as they work through the lockout and agreement?
The Case in Detail
For purposes of this case, assume that the date is December 12, 1993.
Airtex Manufacturing Partnership makes air conditioning equipment under the name Engineered Air. United Food and Commercial Workers Local 1118 (the union) represents Engineer Air's plant employees. The union has taken over as bargaining agent from an employee association recently, following a contentiou.
Employee relations’ refers to the collective relationships that an employer has with its employees. These relationships may be with the entire employee group, or with smaller groups within it, but they are always with groups of employees.
Employee relations is about the relationship between employees and employer that is conducted through communication with trade unions, staff associations
or representatives of employees, or directly with groups of employees.
The relationship an individual has with the employer, for example by agreeing, as an individual, to attend work and to be bound by disciplinary rules, is not employee relations’.
Our approach
We believe in a dynamic approach. Employee relations needs managing. We are neither pro- nor anti-union. However, if a trade union is an obstacle to a client’s objectives, we reckon it is better to make plans to overcome this than to accept the status quo. So we may recommend that the company set up other channels of communication; or reduce the influence of the union; or
enhance one union at the expense of another. If no union is recognised, we also draw up plans that promote the client’s objectives. This may mean winning the support of the workforce through initiatives to promote a helpful
dialogue, for example.
There are statutory requirements for collective action, such as to consult about redundancy, or to provide information. We ‘manage’ these activities, to retain control of the agenda, information and timescales, rather than passively apply the legislation.
We reckon that efforts to talk to employees and tell them about the business are likely to help, rather than hinder, productivity.
Similar to 2010 11 pgp1-lab_group_presentation_section b_group 15_30th_november_2010_(unanimated_version) (20)
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3. Snapshot Contract Special Contracts Vicarious Liability Labour Law Standing Orders Act Contract of Service Contract for Service Distinction between the two Contract Labour Act Conclusion
4. Standing Orders Act Contract for Service Distinction between the two Contract Labour Act Conclusion Recap Employment Terms & Conditions of Employment Termination of the Employment Contract
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17. by the Employer by the Employee Superannuation (Retirement) By way of punishment Death of an Employee Retrenchment and Closure Termination of the Employment Contract Terms & Conditions of Employment Employment
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19. Tests to distinguish Contract of Service from Contract for Service Exclusive Employment Right of Control Part of the Employer’s Organization Respondeat Superior Personal Contract Remuneration Disciplinary Action Machinery & Tools of Trade As per Justice Subba Rao’s observations There is a well understood distinction between a contractor and a workman and between contract for service and contract of service…A ‘contractor’ is a person who in the pursuit of an independent business, undertakes to do specific jobs of works for other persons, without submitting himself to their control in respect to the details of the work. Therefore, there is a clear-cut distinction between a contractor and a workman. The identifying mark of the latter is that he should be under the control and supervision of the employer in respect of the details of the work.
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35. Regulation of Contract Labour Purpose of the Act Prohibition of Contract Labour Definitions Applicability
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41. Registration and License Health and welfare provisions Responsibility for payment of wages Penalties Regulation of Contract Labour Purpose of the Act Prohibition of Contract Labour Definitions Applicability
Contract – an agreement enforceable by law Special Contract Labour Law – Body of laws which address the legal rights of, and restrictions on, working people and their organizations