Fixed-Term Employees: Agreed Period of Employment. While the Philippine Labor Code does not enlist fixed-term employment, it has been recognized via jurisprudence in the case of Brent School v. Zamora.
Casual Employees: Incidental and 1 Year. The Philippine Labor Code is emphatic on the difference between a regular employee and a casual employee. As a direct opposite of the regular employee, a casual employee performs activities which are incidental only and for a period not exceeding 1 year.
Fixed-Term Employees: Agreed Period of Employment. While the Philippine Labor Code does not enlist fixed-term employment, it has been recognized via jurisprudence in the case of Brent School v. Zamora.
Casual Employees: Incidental and 1 Year. The Philippine Labor Code is emphatic on the difference between a regular employee and a casual employee. As a direct opposite of the regular employee, a casual employee performs activities which are incidental only and for a period not exceeding 1 year.
Making decisions on employment status for a growing business can be an overwhelming perspective. All the types of employment viz. full-time, part-time, fixed-tenure, freelancers, permanent and casual workers have a different purpose. Each type has its respective pros and cons. Brooding over all the available options can ultimately leave an employer disoriented and jumbled.
Breach of an Implied ContractA small number of employees includi.docxAASTHA76
Breach of an Implied Contract
A small number of employees including professional athletes, high-level managers like Dov Charney (see the “Clippings” feature), and entertainers have “express” (i.e., explicit, mutually acknowledged) contracts of employment that are negotiated, executed in writing, signed, and specify a particular term of employment (or specific grounds under which the contract can be terminated). If an employee with an express contract is terminated prior to the expiration of the contract, the employer will be liable for damages for breach of contract unless the employer can show that there was cause to terminate. Most often, contractual disputes of this type are settled by negotiations between the parties.
But the vast majority of employees do not have express contracts of employment and are employed at will. Nevertheless, under the implied contract exception to employment at will, the right of employers to terminate at will can be limited by promises of job security. Even in the absence of an express contract of employment, written or oral statements by employers—and their entire course of conduct in dealing with employees—can give rise to enforceable contractual rights to something other than employment at will. The “something other” might be employment for a specified term, termination only for certain reasons (e.g., “for cause”), or use of specified procedures when making termination decisions (e.g., progressive discipline). If an implied contract exists, discharged employees can sue for wrongful termination based on breach of the implied contract.
Criteria for Determining the Existence of an Implied Contract
Most statements made by employers, whether orally or in writing, are not contractually binding. However, the following factors point to the existence of an implied contract:
· • A specific promise was made.
· • The promise was made frequently and consistently.
· • The source of the promise was someone with sufficient authority to offer it.
· • The promise was communicated to the employee.
· • The promise was not highly conditional (i.e., dependent on the employer’s own judgment).
· • The employer’s entire “course of conduct” (e.g., policies, practices, statements, industry practices, employee tenure) was consistent with the promise.
· • There was an exhaustive listing of dischargeable offenses in a handbook (and the offense for which termination occurred was not included in that list).
· • A change to a less protective policy was not communicated to employees.
· • There was no effective disclaimer.
Vague, stray, or highly conditional promises do not evidence intent to depart from employment at will. Statements such as “you have a promising future with the company” (lack of specificity) or “you will have a job here for as long as we are pleased with you” (conditionality) are unlikely to be enforceable. The statements relied on must be sufficiently specific to constitute “offers,” rather than mere general statements of ...
Making decisions on employment status for a growing business can be an overwhelming perspective. All the types of employment viz. full-time, part-time, fixed-tenure, freelancers, permanent and casual workers have a different purpose. Each type has its respective pros and cons. Brooding over all the available options can ultimately leave an employer disoriented and jumbled.
Breach of an Implied ContractA small number of employees includi.docxAASTHA76
Breach of an Implied Contract
A small number of employees including professional athletes, high-level managers like Dov Charney (see the “Clippings” feature), and entertainers have “express” (i.e., explicit, mutually acknowledged) contracts of employment that are negotiated, executed in writing, signed, and specify a particular term of employment (or specific grounds under which the contract can be terminated). If an employee with an express contract is terminated prior to the expiration of the contract, the employer will be liable for damages for breach of contract unless the employer can show that there was cause to terminate. Most often, contractual disputes of this type are settled by negotiations between the parties.
But the vast majority of employees do not have express contracts of employment and are employed at will. Nevertheless, under the implied contract exception to employment at will, the right of employers to terminate at will can be limited by promises of job security. Even in the absence of an express contract of employment, written or oral statements by employers—and their entire course of conduct in dealing with employees—can give rise to enforceable contractual rights to something other than employment at will. The “something other” might be employment for a specified term, termination only for certain reasons (e.g., “for cause”), or use of specified procedures when making termination decisions (e.g., progressive discipline). If an implied contract exists, discharged employees can sue for wrongful termination based on breach of the implied contract.
Criteria for Determining the Existence of an Implied Contract
Most statements made by employers, whether orally or in writing, are not contractually binding. However, the following factors point to the existence of an implied contract:
· • A specific promise was made.
· • The promise was made frequently and consistently.
· • The source of the promise was someone with sufficient authority to offer it.
· • The promise was communicated to the employee.
· • The promise was not highly conditional (i.e., dependent on the employer’s own judgment).
· • The employer’s entire “course of conduct” (e.g., policies, practices, statements, industry practices, employee tenure) was consistent with the promise.
· • There was an exhaustive listing of dischargeable offenses in a handbook (and the offense for which termination occurred was not included in that list).
· • A change to a less protective policy was not communicated to employees.
· • There was no effective disclaimer.
Vague, stray, or highly conditional promises do not evidence intent to depart from employment at will. Statements such as “you have a promising future with the company” (lack of specificity) or “you will have a job here for as long as we are pleased with you” (conditionality) are unlikely to be enforceable. The statements relied on must be sufficiently specific to constitute “offers,” rather than mere general statements of ...
Derechos y deberes de las partes.
Facultades jerárquicas del empleador.
Poder disciplinario.
Poder de control. Controles médicos
Ius variandi.
Restricciones al poder del empleador.
La Mujer y el derecho laboral. Acoso laboral. Convenio 190 OITAdela Perez del Viso
La Mujer y el derecho laboral. Acoso laboral. Convenio 190 OIT.
Este ppt fue utilizado en la Charla de A.M.J.A. (asociacion mujeres juezas de argentina) el 22-3-2023 por cisco webex, a participantes de todo el país. Trata sobre la mujer y el derecho laboral, cómo se tendría que modificar la Ley 20744 para hacerla acorde a las convenciones internacionales, y el convenio 190 OIT.
Este power point fue utilizado en la Charla realizada por el Ministerio de Trabajo de Perú, sobre trabajo en casas particulares en Perú, Argentina, Mexico y Bolivia, el 31-3-2023. Se habló del origen del empleo doméstico, y cómo se relaciona con la explotacion a los pueblos originarios y la discriminación de género. Adela Perez del Viso
Ponencia de Adela Perez del Viso en las Jornadas iberoamericanas de Derecho del Trabajo y Covid. 15.10.2021. Universidad Catolica de Cuyo sede San Luis.
TERCER PARCIAL: DERECHO INTERNACIONAL PÚBLICO -MARTES 19/10 -TEMAS:
UNIDAD 4: El Tratado del Espacio de 1967.//UNIDAD 12:Los principios del Derecho Ambiental Internacional//
UNIDAD 13:La Declaración de Estocolmo de 1972La Declaración de Río de 1992El Acuerdo de París sobre Cambio Climático de 2015El Acuerdo de Escazú (Acuerdo Regional sobre el Acceso a la Información, la Participación Pública y el Acceso a la Justicia en Asuntos Ambientales en América Latina y el Caribe) de 2018 //.
Bankruptcy. Part of Toles curriculum. Universidad Católica de Cuyo sede San Luis. Liquidators, Receivers, Administrators. Listening Activity on Bankruptcy.
El fenómeno de la integración en Latinoamerica. Clase en Derecho Internacional Público. Universidad católica de Cuyo sede San Luis. Adela Perez del Viso, adjunta - Mercosur. Unasur
Analisis de Textos. Reglas de puntuación y acentuación. Textos Jurídicos. Universidad Católica de Cuyo sede San Luis. Facultad de Ciencias Jurídicas de Sociales.
Convention on the rights of Persons with disability- U.C.C San LUisAdela Perez del Viso
Convention on the rights of Persons with disability- U.C.C San LUis -Diplomatura en ingles juridico para derechos humanos. Adela Perez del Viso. 2021. Universidad católica de Cuyo S Luis.
Derecho internacional público del medio ambiente- contenidos e la clase en la universidad, sobre unidad XII derecho del medio ambiente. Derecho de los animales no humanos. Tratados y casos internacionales
Child labour: C.R.C. Convention. The Hague Convention and othersAdela Perez del Viso
Diplomatura en ingles jurídico para derechos humanos. Universidad católica de cuyo sede san luis. Adela Perez del Viso, profesora. Temas: Child labour: C.R.C. Convention. The Hague Convention and 182 ILO Convention on the worst forms of Child Labour
Disertacion 29.7.2021 Acoso laboral y "el otro negativo".- para AIDTSS, revista de derecho del trabajo, iberoamericana. Agradecimiento al Dr. Valenzuela y Dr. Ivan Campero.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
2. Employment Law
It entails contracts between employers
and employees which are normally
controlled by specific legislation
3. Let’s talk
✓ Are you an employer or an employee?
✓ Do you have a secretary? Do you
have a staff of employees?
✓ Do you pay or receive salary, wages
or remuneration?
✓ Do you work in a full-time or a part-
time job?
✓ Have you ever applied for a job? Have
you ever been in a job interview?
✓ Have you ever took a maternity
leave? Or received a sick pay?
4. “In the UK, certain laws
have been enacted
regulating the areas of
sex discrimination, race
relations, disability, health
and safety, and employee
rights in general.
4
5. Certain aspects of employment contracts are
covered by the Trade Union and Labour
Relations Act 1992.
Labour Law refers to negotiation, collective
bargaing and arbitration processes and
primarily deal with the relationship between
employers and trade unions.
5
6. Recruiting process
Employers must take into consideration
that it is unlawful to discriminate
between applicants on the basis of:
✓ Gender
✓ Marital status
✓ Color
✓ Race
✓ Nationality
✓ Ethnic origins
6
7. After the employee is hired,
protection is generally under the
Employment Rights Act 1996.
This Act requires the employer to
provide the employee with a
document containing the terms and
conditions of employment.
7
8. Employment contract
Must include the following:
✓ Identities of the parties
✓ The date of employment
✓ A statement of whether there has
been continuation of employment
✓ The amount and frequency of pay
✓ Hours of work
✓ Holiday entitlement
✓ Job Title
✓ Work location 8
9. Clause
Is a section of the
contract, usually has
a number, e.g. 1.
Sometimes a clause is
divided into further
sections, e.g. 1.1.2.
Employment contract
Provision
Is a term contained in
a contract. All of the
terms and conditions
of a contract are
called the provisions
of the contract.
Lawyers often use “to
provide”.
9
11. 11
• This clause deals with
the period of time that
the contract will be
valid.
Term of
the
contract
• This clause gives the
name of the employee’s
job.
Job Title
• This clause deals with the
amount of time that the
employee is obliged to
work every week or month
Working
Hours
12. 12
• This clause deals with the
payment that the employee
will receive in return for
working for the employer.
Remuneration
• This clause deals with the time
that the employee is allowed
to stay away from work to rest
and relax and still receive his
or her pay.
Holidays
• This clause deals with the
money that an employer must
pay to an employee when the
employee is ill and cannot
work.
Sick Pay
13. 13
• This clause deals with what an
employee must do if he or she
is unhappy at work and wants
to complain to the employer.
Grievance
procedure
• This clause deals with what
the employer must do if he or
she is unhappy with the way
the employee is behaving at
work.
Disciplinary
procedure
• This clause deals with the
arrangements for the
employee to have money in
his or her old age.
Pension
14. 14
• This clause deals with the
employee’s obligation not to
tell anyone about certain
information that belongs to
the employer.
Confidentiality
• This clause deals with the
employee’s obligation after the
contract of employment ends not
to start the same business or
work for a rival of the employer for
a certain period of time.
Non-
competition
• This clause deals with the
ways in which the contract of
employment can end.
Termination
15. Let’s practice. What clause is it?
1. If you have a complaint relating to your employment you
should follow the procedure attached to this contract in
order to inform your manager about your complaint.
2. This contract is for the duration of 12 months.
3. The employer may end this agreement by giving four
week’s written notice to the Employee.
4. The Employee is entitled to 25 days per year in addition to
public holidays.
5. The Employee shall not during the term of his or her
employment disclose any material information relating to
his or her employment to any third party.
6. The Employer agrees to employ the Employee in the
position of sales assistant.
15
16. 16
The Glass Ceiling
It is a metaphor used to represent an
invisible barrier that keeps a given
demographic (typically applied to minorities)
from rising beyond a certain level in a
hierarchy.
18. Thanks!Any questions? Please write to:
daniela.zabala26@gmail.com
adelamperezdelviso@gmail.com
Sources: Mason Catherine. “The Lawyers English Language Coursebook”,
Second Edition, Global Legal English LTD, 2014, England.
Krois-Lindner Amy. “International Legal English”, Cambrigde University Press,
2008, UK. 18