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Unit 1 Err 201
Unit 201– Outcome 1
Aspects of Employment
– Dismissal, redundancy, retirement and TUPE
– Breaches of contract
– Health and Safety
– Maternity / Paternity leave
– Holidays, sickness and compassionate leave
– Discrimination and bullying in work place
– Removal of barriers for disabled people
– Data Protection
– Discrimination during recruitment process
– Equality within the workplace, for example, working hours, pay, benefits
– How you are managed in the work place
– Entitlement to career development in the work place
Current Employment Legislation
– Equality Act 2010
– Employment Right Act 1996
– Employment Relations Act 1999
– Data Protection 1988
– Health and Safety at work Act 1974
– Health and Safety (young persons) Regulations ... Show more content on Helpwriting.net ...
Grievance procedure I would follow instructions of company hand book.
Conflict management is identifying and handling the situation in a fair sensible manner. Skills required are effective communication, problem solving
and negotiating with a focus of interest.
Anti–discriminatory practise is the main strategy in combating discrimination. It is action taken to prevent discrimination on the grounds of gender,
race, class and disability it takes into account out behaviour towards others this is the key to combating prejudice.
Equality and diversity is treating everyone equally regardless of colour, gender, age and race. Its respecting service users individual rights allowing
them as much control over their own lives as possible.
Health and safety is identifying work place, hazards and reducing accidents.
Unit 201 Outcome 3
My role as a night care support worker contributes to the overall delivery of the service in our residential care setting.
My main duties are to ensure residents get supper and night time medication before they retire to bed, regular checks during the night are done to
ensure they are safe and well. I also do the ironing to ensure they have clean laundered clothes, then I ensure the house is clean and tidy by brushing
the floors, mopping and dusting. Stationary is plenty and all forms are readily available in appropriate file, MAR
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Written or Oral Contracts
Employment is a relationship between an employers and employees. This relationship is extremely important, as it becomes a part of our daily
life. Aside of being a professional relationship, in many cases it becomes a personal and expressive one. In today 's work place, if the conditions of
employment are excellent, and the employees are treated with fairly, it is more likely that they will be pleased, and their productivity will increase.
However if the environments in the work place are poor or not suitable, we will have the total opposite results. To avoid any complications or
misunderstandings between employers and employees, this relationship is governed by rules and laws. The basis of these rules is the ESA (Employment
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During the application and interview stage, the management is able to ask potential employees to provide them with information of any health
problems. The management can inquire of any reason that might prevent an employee to perform his/her duties. If the employer would like to go into
medical testing, they should wait until the decision to hire the person is made. Testing should only be performed in direct relevance to the job
performance. Hiring the employer is now ready to offer the successful candidate a position with the organization. Both employer and employee should
set out the standards of their employment relationship. Before the new employee starts, the employer should set the specific duties that can help to
enforce variable issues in the relationship. Before an employer hires an employee they should keep in mind the potential minefields that can be
avoided. When hiring a new employee you must make sure that the new employee does not have an existing employment contract with his/her current
employer. This will help ensure that you will not be liable for any legal action against you for inducting breach of contract. In cases where an inducing
breach of contract occurs, the former employer will have to prove that the current employer acted deceitfully or in bad faith. The current employee
must have a valid argument against the claim. The current employer will have a defense if they can prove that by hiring the new employee
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Fasb Asc
NaviNow will pay $8 million to the four former owners of TrafficEye if revenues from the combined system exceed $100 million over the next 3 years.
NaviNow estimates this contingent payment to have a probability adjusted present value of $4million. According to down said formula (http:/
/www.ey.com/Global/assets.nsf/United%20Accounting/ATG_FRD_BB1616/$file/ATG_FRD_BB1616.pdf) the $8million is consideration transferred
in the acquisition. B6.4.4.7 Factors involving a formula for determining contingent consideration Excerpt from Accounting Standards Codification
Business Combinations – Overall Implementation Guidance and Illustrations 805–10–55–25 g. Formula for determining consideration. The formula
used to determine the contingent... Show more content on Helpwriting.net ...
The factors are described in ASC 805–10–55–25 and are discussed below. B6.4.4.1 Continuing employment Excerpt from Accounting Standards
Codification Business Combinations – Overall Implementation Guidance and Illustrations 805–10–55–25 If it is not clear whether an arrangement for
payments to employees or selling shareholders is part of the exchange for the acquiree or is a transaction separate from the business combination, the
acquirer should consider the following indicators: b. Continuing employment. The terms of continuing employment by the selling shareholders who
become key employees may be an indicator of the substance of a contingent consideration arrangement. The relevant terms of continuing employment
may be included in an employment agreement, acquisition agreement, or some other document. A contingent consideration arrangement in which the
payments are automatically forfeited if employment terminates is compensation for postcombination services. Arrangements in which the contingent
payments are not affected by employment termination may indicate that the contingent payments are additional consideration rather than
compensation. In a change from prior accounting under EITF 95–8, the guidance in ASC 805 requires that any arrangement under which payments are
forfeited if
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Essay about Understand Employment Rights and Responsibilites
Understand employment responsibilities and rights in health, social care or children's and young people's settings. Task A– Short Answer Questions
Ai) Imagine you are a newly appointed supervisor/manager within your service. You need to update your staff handbook to reflect current employment
law. Identify three different sources of information you could use to enable you to do this. (3 marks) * The Government website www.gov.uk is one
source of information that could be used. It has information on many things including benefits, working, jobs and pensions. This website has an entire
section dedicated to "employing people" and gives information about statutory rights for employees regarding all aspects of employment including:...
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It goes on to say that due to the evolving nature and changing demand of the business I must understand that the description is to be seen as a guide
only which gives an example of the sorts of jobs I am expected to undertake. My duties may vary from time to time and I may be required to work
in any department of the company in order to meet the needs of the business. It states that I am required to work whatever hours the business needs,
up to a maximum of 46 hours per week. The contract also includes my holiday entitlement and includes my statutory right under the Working Time
Regulations 1998. It says the holiday year runs from 1st April to 31st March and a full year paid holiday entitlement allowance is 28 days for a full
time employee or pro–rata for those doing less than 40 hours over 5 days per week. Bank holidays are mandate and deducted from this allowance. It
explains how individual preferences for holidays will be met as much as possible but the needs of the business may need to take precedence. The
contract of employment also states that it will pay Statutory Sick Pay (SSP) as long as I have complied with all the statutory rules, and that it may
pay sick pay in addition to SSP at its entire discretion. If my absence lasts less than 4 calendar days then I would be required to report to my manager
on my
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Err Booklet Abc Essay
Bi: DESCRIBE THE TERMS AND CONDITIONS OF YOUR EMPLOYMENT CONTRACT AS SET OUT IN YOUR CONTRACT OF
EMPLOYMENT OR EMPLOYMENT AGREEMENT My employment is conditional to a clear CRB disclosure carried out by my employer; it is
subject to the employer receiving 6 personal and professional references through a strict vetting initiative. It is essential to drive and carry valid
insurance, tax and MOT certificates including business class one insurance. Any holiday is to be requested a minimum of one month prior to the date
and is at the discretion of the manager. Sickness is to be reported as soon as possible to ensure clients visits are reallocated in a timely fashion. I must
ensure that during my employment, my outside interests do not engage... Show more content on Helpwriting.net ...
Failure to do so will result in disciplinary or dismissal. 2. GRIEVANCE Employers will raise any grievances when necessary in a professional manner
and employees are encouraged to raise grievances without fear at all times. Employees and the employer follow the grievance policy at all times. 3.
CONFLICT MANAGEMENT When conflict arises CareGivers are asked to not approach the subject in front of clients and to try and resolve calmly,
if to no avail they are to seek assistance from a senior member of the team. 4. ANTI–DISCRIMINATORY PRACTICE Employees are encouraged to
work in a non–discriminatory manner and to report any issues as soon as they arise. This is for employees, employers and clients. 5. HEALTH &
SAFETY Employees are given health and safety training before commencing work in the community and are encouraged to report any issues
immediately. 6. CONFIDENTIALITY Employees are to adhere to the confidentiality policy at all times or they could face disciplinary action or
possibly dismissal. Confidentiality is essential with clients as it helps to build their trust although vital information should be passed on where
necessary to the correct people. 7. WHISTLEBLOWING Whistleblowing encourages and enables employees to raise serious concerns within the
company rather than overlooking a problem or 'blowing the whistle' outside. Employees are advised to speak to their designated senior CareGiver or a
member of the
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The Psychological Contract
Critically evaluate the utility of the psychological contract for understanding the contemporary employment relationship. (2500 Words) Introduction
Up until the 1990's the psychological contract didn't get a lot of research literature, whereas more recently it has become increasingly popular, and
vast in both volume and critique. It is suggested that this blossoming of research is because of fundamental changes in the workplace, commonly
referred to as the 'new deal' (Sparrow 1999). The traditional idea of having a "job for life" is no more, people now transfer across their careers to suit
themselves, and it is not uncommon to see a graduate working in a field far from that of their study, ultimately leading to a growth in employee... Show
more content on Helpwriting.net ...
At the two furthest ends of the spectrum MacNeil (1985) identifies the two types of contract that underpin the employment relationship, transactional
and relational. A transactional contract is a means to an end view, it denotes an attitude of 'money comes first', working in order to get paid and receive
other work benefits. They aren't concerned with being a 'good organisational citizen' or going the extra mile to stand out. Their only concerns are being
paid and receiving their holidays. It is a contract based on fairly specifiable obligations. A relational contract is a fairly traditional working partnership
between the employee and employer. It can often include a relationship that includes affective involvement or attachment that can commit the employer
to providing more than 'purely remunerative support to the individual with investments such as training, personal and career development, and
provision of job security' (Millward & Brewerton 2000) (Rousseau 1995) argues that transactional and relational aspects are present in most
employment contracts and that it is the length of time that the employment is expected to last that usually identifies relational from transactional
contracts, with short term
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Federal Law And Government Policy
Law and government policy is instilled in order to maintain the rights of employers as well as, their employees. There are three sections in legal
framework that makes up a properly structured organization; first, there is Home Depot, which has the right to modify employee work terms for
legitimate business reasons. Second, there is the employee, who has the right of protection from harmful business practices, and lastly, there is the
government of Canada, which balances both employee and Home Depot relations. (Dessler, Chhinzer & Cole, 2013, 27). Provincial and federal statutes
impacts Home Depot in managing employment relationships because it is HR's responsibility to ensure that organization policies align with all
legislations. If... Show more content on Helpwriting.net ...
If there are no provincial counterparts to federal statutes than those federal statutes are also in effect provincially. The following federal statutes apply
to both federal and provincial organizations; The Canadian Pension Plan, which provides qualifying employees with pensions on retirement and
permanent disability, applies to Home Depot. Moreover, Employment Insurance Act provides qualifying employees with income replacement during
periods of temporary unemployment. (E–Laws, 2014) Because CPP and EI are both federally and provincially regulated, Home Depot must abide by
these legislations.
The Constitutional Law
For Home Depot this includes abiding by the Charter of Rights and Freedoms. The Charter protects the following rights of every Canadian, "Freedom
of conscience and religion, freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication,
freedom of peaceful assembly and freedom of association." (Dessler et al., 2013, 29). Even though, the regulations in the Charter are not employment
specific, Home Depot must accept the laws set forth because the laws protect rights to all Canadian citizens. In addition, this constitutional law takes
precedence over all other laws. Thus, Home Depot must conduct their business in total compliance with the laws of the Charter. (Dessler et al., 2013,
29) This means the Charter impacts Home Depot's code of ethics, policy, and employment contract because
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Difference Between Contract Of Service And Service
For some people, there is no difference between a contract of service and a contract for services, as long as they are employed. But, in essence,
there is a difference between the two. A contract of service is a contract whereby a person engaged in a service employer is engaged in a contract, as
well as a contract and the work of the employer to indicate that the work and contract for services to be completed is defined as a contractual
arrangement, person agrees to provide to another person's employer or employee. The person providing the service is an independent contractor.
Independent self–employed persons provide their skills, tools and human resources independently, and do not work on the other person without
supervision. It is said that a contract for services has been signed. Contrary to a contract of service as a labor contract, the contract for services is a
commercial contract. The apparent distinction between the "contract of service" and the "contract for services": the "self–employed" or the
self–employed person who provides or provides the service fee or service fee is based on the contract for service. He is not a single person as a
freelance Recipient customer / customer, but for multiple recipient customers / customers. According to another specific wage / payee who perform a
specific job, it... Show more content on Helpwriting.net ...
The relationship between it in its initial stage, it is the act of submission, in the operation it is subordinate to the condition but the submission and
subordination may be called "contract of employment" legal thought indispensable meaning concealed, labor law. The main goal is that the
anti–subsidy force that is always against the power of bargaining power is inherently inherent and must be inherent in the employment
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The On The Employment Rights Act
In 1996, The Employment Rights Act was introduced, an employee was defined therein as an individual who works under contracts of employment,
however it fails to define what is meant by a 'contract of service'. A retrospective view of the UK indicates that there is no generic denotation of an
'employee' created through legislative processes. It is imperative to note the court is the major determinant of the status of the parties in an
employment relationship. The court therefore put together a series of tests to regulate employment contracts which involves an application of diverse
common law tests distinguished by Simon Deakin and Gillian Morris in 2000. The primary classes of those tests are; The control test The
integration test The economic reality test The mutuality of obligation test The multiple test This essay will critically assess the tests that separate
contract of services and contract for services and if one test is a sufficient determinant. It will also explore the consequences of concluding that a
person is an employee. Initially, the courts used a single test known as the "control test". At this point employees were not specialized like what is
obtainable today. This test emerged in the connection with imputed negligence and it appeared to be sensible to consider the authority over employee
by an employer. Bramwell LJ said on account of Yewens v Noakes (1880) that an employee is subordinate to his employer and takes instruction from
his employer
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Unit 3 Cypw Essay
Unit 3
1.1
List the aspects of employment covered by law.
These are all covered by law so that no one is taken advantage of and also so that both Parties are covered to a certain point and makes sure everyone is
treated fairly i.e.
* Minimum wage * Hours worked (working time directive) * Discrimination * Health and safety * Holiday entitlements * Redundancy and dismissal *
Training * Disciplinary procedures * Union rights and consultation, etc.
These apply to all Work environments. . Labour law covers the deal between employee and employer. Health and safety laws cover the work
conditions, and minimum wage and other laws set basic compensation levels 1.2
List the main features of current employment ... Show more content on Helpwriting.net ...
Part 2 sets out the learning and development requirements that all early years providers must by law deliver, regardless of type, size or funding of the
setting. The Childcare Act 2006 provides for the EYFS learning and development requirements to include three elements: the early learning goals – the
knowledge, skills and understanding that young children should have acquired by the end of the academic year in which they reach the age of five
the educational programmes – the matters, skills and processes which are required to be taught to young children
the arrangements for assessing young children to ascertain their achievements. Part 3 of the guidance sets out the detailed welfare requirements that all
early years providers must meet in the following areas: safeguarding and promoting children's welfare
suitable premises, environment and equipment
organisation
documentation. Each area includes the specific legal requirements and the statutory guidance to which providers should have regard. Where Ofsted
considers that a provider has failed to comply with any of the welfare requirements, they may give notice to the provider setting out: in what respect the
provider has failed to comply with the requirements
what action the provider should take to comply
the period in which the provider should take that action. It is an offence for a provider to fail to comply with such a notice.
3.3 Describe
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The Employment Status Of An Employee
During the old days, employment status is rather straightforward. However, as days went by, with the progress of society as well as technology, the
nature of employment becomes more complex. Thus the employment status becomes vague, and in the event of employment disputes, the
employment status is evaluated by the court of law based on the test of mutuality of obligation. The test of mutuality of obligation used in relation to
the establishment of the employment status is closely related to employment rights. Many employment rights are highly dependent on the ability to
establish the status of an employee. However there is no useful statutory definition on 'employee'. The closest definition can be found in the
Employment Right Acts 1996 (ERA 1996), section 230(1), but it is in a form of a circular, and thus it is of little help. Therefore, it is left to the
courts to define what is an employee. Over the years, a number of tests have been developed to help the courts to make judgement. The employment
status test identifies that, the employer has an obligation to provide work for the employee and there must be a reciprocate obligation by the
employee. Failing these, a person is unlikely be classed as an employee (Bebbington Palmer). However, the application of these tests is not always
easy or straightforward. The historical development on the tests for employee status showed that it had evolved from one of control (Yewens v
Noakes) to
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Usyd Claw1001 Paper
hContents 1. Introduction 2. Relevant Facts and Relevant Issues 3. Ratio/Rationes 4. Evaluate Court's decision 5. Reach a conclusion
Introduction
The area of law to be discussed would be implied 'terms of a contract which are not agreed by the parties.' They are terms which are related to
'contingencies which might affect the contract of employment in this case.' This is what 'parties intended but left unwritten in the gap of a contract.'
There are five conditions by which a contract would be satisfied before a term would be implied. They are 'reasonable and equitable, necessary to give
business efficacy so no term will be implied if ... Show more content on Helpwriting.net ...
The first argument is supported from the Transport Workers Airlines Award 1988 similar to the case of Mallinson and Scottish Australian Investment
Co Ltd 'where an employee tried to recover in the New South Wales District Courts the difference between the award rate and the lesser amount which
he had been paid.'
The second argument concluded from BP Refinery Pty Ltd v Shire of Hastings is that 'it is not necessary to imply a term in the form of c11(a) for
reasonable or effective contract of employment in all circumstances.'
The third argument should be implied because that terms may be implied through custom/trade usage where term may sometimes be implied by reason
of established custom which includes established practice in the industry. The agreement from the statute can be used in supporting the appellant's
argument that the term be imported into the contract.
Ratio/Rationes
'The ratio decidendi is termination of employment by an employer shall not be harsh, unjust or unreasonable and termination of employment shall
include termination with or without notice.' Implied terms and imported terms will be brought into view to whether termination of the employment
from the baggar handlers is reasonable or unreasonable.
Evaluate Court's decision
The court's decision of termination of the appellants' employment was not totally reasonable enough to terminate employment.
The Implied argument that the 'implied term of contract of employment should be rejected' as
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Casefile Method
MEMORANDUM 03.01.2010 TO: FROM: RE: Daphne Matthews Alex Associate– 4667 Memo Assignment 1: Who Does the Pastry?
I.
Introduction Collins was hired as Head Chef at the Marrimount Hotel and believed that this job came with the inherent authority to choose his assistant
chefs, even though nothing of this was mentioned in the contract for employment. Therefore, when Crest, owner of the Marrimount, attempted to
determine Collins 's assistants, Collins quit his job and went to work for the Treadwell Center. The contract It may actually be good for Collins to argue
that there was no contract between himself and Crest. First, there was no detailed employment agreement, just a letter signifying the contract terms.
The letter referred to ... Show more content on Helpwriting.net ...
Stein is definitely associating Collins's role as more managerial than Crest is claiming he had. Further, Collins was able to hire his own dessert chef
without interference, creating a presumption that the hiring of his team was within his authority. More logically, this is a big hotel that was
seeking Collins out because he was known for preparing gourmet meals for large groups. A Head Chef is more than a cook. They are in charge of
the dining room, carefully selecting staff that can help prepare these large meals that would not be possible to create with just one person. This
was a managerial or executive position as much as it was a cooking one. Crest was not just looking for a cook when they hired Collins; they were
looking for a Head Chef. By taking away Collins's ability to hire and fire his "team" they materially breached the contract to employ Collins as the
Head Chef. A court will likely find such an argument persuasive and deem that Crest materially breached the contract first. ii. Reduction in duties or
rank is a breach of contract Collins will want to argue that this case is analogous to Rudman v. Cowles Communications, Inc., which is controlling
authority in New York. In Rudman, an editor was hired to manage and oversee the publication of his series of books. The employer then began
changing Rudman's books without approval and took away his managerial role and oversight. The court found a breach of contract and explained, If an
employee...is
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Contractual Precedent Within Employment Law
Contractual Precedent within Employment Law Contractual Precedent Regarding General Employment For a contract to be legally binding,
agreements between two parties or more is necessary. For a contract to be valid certain elements must take place, these include the terms offer,
acceptance, consideration and intention. Within employment it is vital that employers have contracts intact between them and their employees.
The party making the offer are known as the offeror and the party who the offer has been made to is known as the offeree. Once a contract is made
and it's established as being valid, damages can be claimed for if there has been a breach in the contract. There are a number of elements that need
to be in place in order for a contract to be valid. Where the element of offer comes into action is when an individual expresses an action to enter an
agreement with another party on the basis on certain principles and elements. Where an employment circumstance is concerned, an offer would be
proposed by an employer however in certain situations an offer could be placed forward by an employee. Amid this period it's likely that another
offer would be made by one of the parties involved. At this time additional terms would be discussed and evaluated among the parties involved. Once a
new offer is placed the original offer would be cancelled. Acceptance is another vital part of the contract. It is essential that acceptance is the
unconditional acceptance of all the elements
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Level 3 Err
CONTENTS
PAGE
Welcome and Introduction How to use this Workbook 1 Statutory Rights and Responsibilities 1.1 Contracts of Employment 1.2 Anti
–Discrimination
1.3 Age Discrimination 1.4 Disability Discrimination 1.5 Working Hours, Rest Breaks and Holiday Entitlements 1.6 Maternity/Paternity, Parental and
Adoption Leave 1.7 Absence and Sickness 1.8 Data Protection and Access to Personal Information 1.9 Health and Safety Procedures and Documents in
your Organisation 2.1 Contracts of Employment 2.2 Anti– Discrimination 2.3 Working Hours and Holiday Entitlement 2.4 Sickness Absence and Sick
Pay 2.5 Data Protection 2.6 Health and Safety Sources of Information and Advice 3.1 Internal Sources 3.2 External Sources About your Occupation and
... Show more content on Helpwriting.net ...
You do not need to complete the Workbook straight away, nor do you have to work through it in any particular order. You should talk to people such
as your line manager, training provider or mentor (if you have one) for information, help and advice on some of the sections. You will also need to do
some research using your staff manual and (if available) on the Internet.
©2010 CfA
PAGE 4
1.
Statutory Rights and Responsibilities
All Learners need to know that employers and employees have a range of statutory responsibilities and rights under Employment Law and that
employment can be affected by other legislation as well. 1.1 Contracts of Employment1
WHAT YOU SHOULD KNOW How an employer and employee (you) are governed by the terms and conditions contained within a contract of
employment (this may not be in writing). Employment contracts are legally binding on both the employer and employee and serve to protect each
other's rights and responsibilities. The terms (legal parts) of the contract can be in a variety of forms, including: o verbally agreed o in a written
contract (or similar document) o in an employee handbook or on a company notice board o in an offer letter from your employer o required by law,
for example, your employer must pay you at least the minimum wage o in collective agreements o implied terms A contract of employment comes
into force as soon as a firm offer of employment has been made and accepted, even
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BTEC BUSINESS UNIT 16 P4 Essay
Unit 16: Human Resource Management in Business
'Managing People'
Describe how your organisation obtains the co–operation of its employees through the contract of employment and employee involvement techniques.
Employee Co–operation
Contracts of employment
An employment contract is a written legal document that lays out binding terms and conditions of employment between an employee and an employer.
The employers in ZARA need to makw sure that their employees are aware of what rights and responsibilities they have as workers in ZARA. This
contract also includes:
The salary rate that is going to be paid to the employees.
When they will be getting their salaries
What deductions are going to be made from their salaries like income ... Show more content on Helpwriting.net ...
This has an advantage and as well as a disadvantage for the employees as they might have less work to do compared to the other employees but they
might not know when they are getting their next job. Zara uses full time employment contracts with their staff.
Disciplinary procedures
Disciplinary procedures are a set way for an employer to deal with disciplinary issues. They should include a disciplinary hearing where you're given a
chance to explain your side of the story.
Grievance procedures
This is a problem that could occur between the employee and employer, it is a complaint that they could have against each other for something that
either of them has done wrong.
Union Membership
This is when a group of staff or workers is formed into a labor union. These unions play a big role in the firm as they can talk about issues between
each other. An example is when there is a problem with the staffs pay amount of even the working conditions.
Codes of behavior
This is basically a set of conventional principles that are considered binding on the employer/employee. This is mainly about what is acceptable
behavior in the firm.
Employee involvement techniques
Companies might use these techniques in order to get the staff more involved in decisions being made for the organization. This may also motivate the
staff as they would feel they are also part of the firm and not just ordinary staff working there.
Membership of work groups
Firm's
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Employment Responsibilities and Rights in Health Social...
Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and Children and Young People's Settings Workbook
Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and Children and Young People's Settings Workbook Contents
Modules Topic Contracts of employment Anti–discrimination Age discrimination Statutory rights and responsibilities Disability discrimination
Working hours, rest breaks and holiday entitlement Maternity/Paternity, parental and adoption leave Absence and sickness Data protection and access
to personal information Health and safety Contracts of employment Anti–discrimination Procedures and documentation within your organisation
Working hours and holiday entitlements Sickness ... Show more content on Helpwriting.net ...
Below is an example of a journal entry:
Your reflective learning journal entry should include: п‚· п‚· п‚· п‚· п‚· The description of the event that took place; What you have learned; How it
has affected your job role; Short term implications to you or your job role and Long term implications to you or your job role.
Creating a new journal entry 1. 2. Click on the button on the navigation menu.
Under the Actions Menu click on New Journal.
Page | 4
Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and Children and Young People's Settings Workbook
The 'My Learning Journal' is very much like sending a message, you have: a subject line, content section and can attach a file or multiple files. 3. 4. 5.
Type in the subject for your 'My Learning Journal' entry; In the content section, enter your main journal entry; Attach any reference files by clicking the
browse button and selecting the files from your computer.
Your journal entry should look like the example listed below:
6.
Click the post button once you have checked the contents and your entry will be added to your 'My Learning Journal'.
Page | 5
Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and
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Laura Ashley Holdings Plc
Laura Ashley Holdings plc: The Battle for Survival The principal activities of the Laura Ashley Holding Group are the design, manufacturing, sourcing,
distribution and sale of clothing, accessories and home furnishings. The Group acts through tow divisions: Retail, which reflects sales through Laura
Ashley managed stores, Mail Order and Internet, and Non–retail, which includes licensing, and franchising, although the retail sector represents the
bigger one. The company operates in the UK, Ireland and Continental Europe and to some extent in the US market. Although the former CEOs of Laura
Ashley Holdings plc have conducted several cost cutting and restructuring strategies, Ng Kwan Cheong, who took over as chief executive of Laura
Ashley... Show more content on Helpwriting.net ...
This market may provide quite a lot of potentials and profit for the company, but it has suffered a lot in exploiting the market efficiently. Moreover, the
closure of small retail shops, the opening of larger shops and the closure of inefficient large shops may not only provoke increasing costs but also makes
employees afraid of losing their jobs, which creates an overall bad reputation of the company and thus an possible reduction of sales. Another matter
that should be analyzed and improved is the supply chain. Solution to the mentioned problems The company should conduct a consumer survey among
its key/traditional/principal/loyal customers to meet their needs. It should focus on their core competences, which is the design, manufacturing and
retail of traditional clothes, accessories and home furnishings and franchising and licensing. Thus they are able to formulate a mission which signals a
clear and straight message towards traditional design. In this way the loyal customers but also new customers may have more trust in the product and
(continue) buying from the company, which would provoke an increase in sales. Maybe it would be wise to outsource some of the clothing
manufacturing to a subcontracting firm to save costs but to keep control over this subcontracting firm. Furthermore, an orientation towards the
traditional AND the youth/modern market, in this way a diversification through an expansion towards a new market (the youth market), would be
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Employment At Will vs. Due Process Essay
In dealing with a person's livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great
concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of
employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on
the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to
argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract
enthusiasts,... Show more content on Helpwriting.net ...
However, this is not to say that due process does not include duties on the part of the employee. Employees must follow all business practices that
align with their job and their position with the corporation. Breach of contract and their duties to their employer can still result in dismissal from
their post. Due process is the ethical means by which ending employment contracts is best administered. It allows for repercussions for unfair firing
practices on the part of the employer, who in all actuality, carries the power in the relationship. Due process allows for an appeal when an employee
believes they were terminated without or with bad cause. In essence it polices the employer to act ethically in situations where a person's wealth and
career are at stake. At will contracts in the business world are often defended on the basis that they are equally beneficial to the employer and
employee. This is quite obviously not the case in modern business and economic conditions. It is stated by Richard Epstein in "In Defense of the
Contract at Will" that if a person enters into a disastrous and one–sided contract that they are free to exit the contract and pursue other means of
employment.3 This is hardly the case, however, as when a person has a family, and of course themselves, to support leaving a disastrous situation is
not always
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foundation of HRM
The employment relationship is the context within which intricate interactions between employees, who may be unionised, and employers are
conducted, both collectively and individually (Kelly, 1998 cited in Rose, 2004 p.6) Potential for conflict between employee and employer interests
Unequal nature of the employment contract The ways in which the employment relationship is regulated The employment contract: Lecture aim: to
examine the inequality of the employment contract to outline the duties upon employer and employee within the employment contract to explain the
indeterminate nature of the employment contract The Contract of Employment: A relationship of equals? The contract of employment 'exhibits an
individualism which... Show more content on Helpwriting.net ...
"..the employment contract is indeterminate. In a commercial contract a product or service is supplied for a price. In the labour contract, the worker
sells an ability to work, which is translated into actual labour only during the course of the working day. Expectations about standards of performance
have to built up during the process of production." (Edwards, 2003:14) Analysing the Employment Contract: The employment contract reflects,
particularly in the status of the implied terms (duties), the power relationships between employer and employee (to the extent that it protects
managerial rights) 'the actual operation of legal rights in the workplace depends on the power, knowledge and organisation of the parties as well as
on the statute book' (Edwards, 2003:15) Competing Ideologies: Perspectives at work Perspective is a term that may be used interchangeably with
frame of reference or ideology It describes a set of underpinning ideas and beliefs that informs an individual 's assumptions about how society operates
and influences their attitudes and behaviour (Blyton and Jenkins, 2007,p.166) Perspectives at work: "how people regard the nature of different interests
and the distribution of power and control in the employment relationship" (ibid.) Pluralism Mainstream political and industrial relations theory in
1960s and 1970s Unitary Long standing set of ideas which have regained
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Employee Violations In Employment Law
The Employment law regulates the relationship between the employer and employee so they can engage in fair and ethical employment practices. It is
especially important for employers to know and refer to employment law in the context of employment. This is because the courts are more likely to
protect employees from unfair treatments as they generally believe employees are in weaker bargaining position than their employer. I.What
employment violations has the employer committed, if any? According to the case, Sally found out her employer unilaterally changed her job without
providing reasonable notice of the change. In Canada, employers generally have the right to make changes to the terms of employment if it is
reasonably necessary and employees have the right to be notified and consulted before any changes were imposed. In other words, one party cannot
impose a change to the terms of contract without first notifying and securing the consent of the other party (Yates,... Show more content on
Helpwriting.net ...
Can Sally sue for damages? If Sally can sue for damages, what might the court consider when assessing damages? According to Yates (2013), when an
employer demotes or makes unilateral changes to the nature of employment, this constitutes a constructive dismissal. This proves that Sally was
constructively dismissed. Therefore, she can treat the contract as wrongfully terminated and sue for wrongful dismissal. In considering Sally's case, the
court would apply the same test they have established in 2015 to determine a constructive dismissal for the case of Potter v. New Brunswick Legal Aid
Services Commission (2015 SCC 10 (CanLII)) : a)Extent of the unilateral change: Whether the employer breached an express or implied term of the
employment contract in a way that substantially altered the essential terms of the contract; or b)Intention: The employer's conduct would lead a
reasonable person in the same situation to conclude that the employer no longer intended to bound by employment
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The Impact Of Current Common Tests On Employment Law
Employment law has been criticised for impeding efficiency and competitiveness. In this essay I will assess the problems of current common tests of
employment status, mainly focusing on 'atypical' workers, and also the impact of the development of employment law. The main objective of
employment law The most important function of employment law in the economic perspective is to determine the limitations of managerial authority
so as to protect workers against inequality in the commodification of labour. The main objective of labour law is claimed to be a countervailing force to
counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship. Can labour standards and labour
market regulation be an input into efficiency and competitiveness? The essence of employment law inevitably affects the efficiency of a business in a
competitive market. We then need to determine in what way it affects the efficiency and competitiveness, whether it improves productivity, labour and
skills. Employment Status Common Law Tests Issues The question of the employment status is critical in employment law. There are various different
situations and circumstances where identifying the employment status can be made tough. There are blurred boundaries between employees, workers
and independent contractors, and this can contribute to a huge problem because it is fundamental to identify them, as the protected rights offered
depends on their
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A Contract Of Employment Contract
A contract of employment is a type of a contract used in labor law to attribute rights and responsibilities between parties to a contract (Blum, 2007). On
the one end stands an "employee" who is "employed" by an "employer". A written employment contract is a document that someone and their employee
sign which sets forth the terms and conditions of the employment relationship (Tepper, 2011). Many rules, exceptions and considerations apply when
dealing with employment contracts. Suppose that the Fabulous Hotel hires you as head chef under a two–year employment contract. After two years,
another hotel wants to hire you. However, in the original employment contract you signed with the fabulous Hotel, the following paragraph appears:
"The below–signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ."
First, it is crucial to know and understand which law governs the employment contract. According to Seaquist, contract law is governed by the
common law or the Uniform Commercial Code (UCC) (Seaquist, 2012). If the contract handles the sales of goods, it is governed by the UCC
(Seaquist, 2012). If the contract handles anything besides the sale of goods (such as real estate, insurance, personal services like employment, etc.)
then it is governed by the common law (Seaquist, 2012). When a business or employer hires an employee to join the staff, the employee enters into a
contract that is governed by the
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Btec Business Level 3 Unit 8 P1
In this task I will be explaining how a certain organisation or business gains the cooperation of their employees/workers. The organisation I will be
taking about is NewVIc. I will use this organisation to cover the contracts of employment and employees involvement techniques. Contract of
employment is a legal document, which is agreed between the employer and the employee. Employees at NewVIc are given a contract of employment
that includes a statement of main terms and conditions of employment which is provided to the new staff within the 2 months of their start. That
includes their staff: Duties Responsibilities Hours of work Lateness Salary Disciplinary procedures Grievance procedure Dismissal procedure
Employee and Employer Rights are... Show more content on Helpwriting.net ...
For example they will employee some teachers, kitchen staff, security personals as they need them for a longer period of time. The contract must
include the name of the employee, the companies' name which is hiring the individual, job description and the date of employment. Followed by the
usual stuff such as band details, residency details so that the fixed wage can be transferred to their bank accounts. Also employers should list the
number of hours the employee is going to work for, sick pay guidelines, disciplinary and grievance
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Sample Resume : Employment Contract
Date: 25 May 2016 Addressed to: Teachers at St Alex Topic: Employment in South Africa Employment contract: See appendix A According to Small
business Encyclopedia, an employment contract is "an agreement entered into between an employer and an employee at the time the employee is hired
that outlines the exact nature of their business relationship, specifically what compensation the employee will receive in exchange for specific work
performed. First, the advantages. An employment contract can help you attract and retain key employees. While you can 't force employees to stay, a
contract can ensure that they 'll provide reasonable notice prior to departure––typically 60 to 90 days. Employment contracts are also useful when you
're buying or selling a business to make sure key people don 't leave. You can offer employees a retention bonus for staying or let them know they 'll
be forfeiting a valuable severance package if they leave". The LRA (Labour Relations Act) now requires the employer and employee to agree, draw up
and sign an employement contract. This contract is a legally binding document and must at least comply with the Basic Conditions of Employment Act.
The employer may offer better conditions of employment but not less than those stated in this act. An employement contract must include; Employer
details, Employee details, Employment details, Salary issues, Leave details, Termination of services and any other issues deemed necessary. Russell, Y.,
Topper, S.,
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What Is Equality And Discrimination
What is equality?
Equality is making sure that individuals or groups of individuals are treated equally and fairly. This includes making sure that no individual is treated
less favourably. Individuals should not be treated differently due to their race, gender, age, religious views, and sexual orientation.
Equality awareness should remove discrimination in all of the areas mentioned above. Bullying, harassment or victimization is also considered as
equality and diversity issues.
What is diversity?
Diversity is the range of different things. Such as race, age, gender, religious views, sexual orientation, community, and disability.
Karen Madcap
Karen has worked in Sligo Accountants Limited in a general clerical capacity for many years. As indicated by you she has been under preforming
and you are considering deducting her wages as a penalty for her latest poor performance. Under the Payment of Wages Act 1991 employers can only
deduct the wages of an employee due to the following reasons:
Authorised by law; PAYE( Pay As You Earn), PRSI(Pay Related Social Insurance)
An overpaid salary
With permission from employee in writing– either in their contract of employment or a written agreement (pension and trade union)
Today, to keep the profits of a business increasing, all employees must work to the highest of their abilities maintaining a high standard of work. We
need to organise a private disciplinary meeting to discuss the situation with Karen. We need to outline what
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Employment at Will Essay
Employment at Will When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to
emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer's behavior. In Patricia Werhane's paper,
"Employment at Will and Due Process", discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some
justifications and objections for EAW, and shows Werhane's supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his
article "In Defense of the Contract at Will". In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve
flexibility and efficiency of... Show more content on Helpwriting.net ...
On the contrary, employment at will is defended by Richard Epstein in his article "In Defense of the Contract at Will". He is trying to show that the
contract at will "is adopted not because it allows the employer to exploit the employee, but rather because over a very broad range of circumstances
it works to the mutual benefit of both parties." Then I will summarize the benefits of EAW that Epstein provides. The first benefit is the fairness of
the contract at will. Epstein concludes that the freedom of contract is an end in itself and so an aspect of individual liberty. While employers own
capital, employees own labor. Therefore, they are free to exchange their properties when they see appropriate. Moreover, Epstein criticizes the excess
government intervention undermines the freedom of both parties. Thus, EAW can reduce the use of force or fraud in taking advantages during
negotiations since either party can cease the relation. Second benefit is utility of the contract at will. In order to rebut banning on the contract at will,
Epstein argues individuals know how to govern their own lives. They enter into an "at–will" contract voluntarily according to their self–interest. Then
Epstein develops four arguments to show why "at–will" contracts are mutually beneficial. (в® ) Monitoring Behavior. It indicates that it
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Employment Laws in Canada
Canada Employment Law The employment affiliation can be complex, with no quick and easy method to use which will provide an instant answer.
When collecting information from the parties in regards to their work association, the inspector/health and safety officer must keep in mind that the
numerous tests are not tests in and of themselves, but rather circumstances outlined in jurisprudence. They may be given more or less credence in a
particular case to establish if a worker is simply part of the payer's business or in business on his or her own account (Determining the Employer
/Employee Relationship – IPG–069, 2012). The general principles of contract law rule the structure of the contract of employment. A contract of
employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the
instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out
the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract
may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into
a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship – IPG–069, 2012). Another kind
of contract between
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Definition Of Zero Hours Contract
The term 'zero–hours contract' is defined in section 153 of the Small Business, Employment and Enterprise Act 2015 as; "a contract of employment or
other worker's contract under which– (a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer
making work or services available to the worker, and (b) there is no certainty that any such work or services will be made available to the worker."
Before this however, there were various definitions that were applied in cases and government documentation when discussing the topic of a
zero–hours contract. The main recognised definition is a contract "between an employer and a worker where the employer is not obliged to provide
any minimum working hours, and the worker is not obliged to accept any work offered." This definition is also confirmed by the definition given in
new government guidance; "one in which the employer does not guarantee the individual any hours of work. The employer offers the individual work
when it arises, and the individual can either accept the work offered, or decide not to take up the offer of work on that occasion." (London Department
for Business, Innovations and Skills., 2015). However, the Chartered Institute of Personnel and Development gives a slightly definition of "an
agreement between two parties that one may be asked to perform work for the other but there is no set minimum number of hours. The contract will
provide what pay the individual
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Employment Law
Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.
Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment
law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3)
1.1– Explain the aims and objectives of employment regulation
Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of
regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time
by the Justice of the peace. The ordinance was written in ... Show more content on Helpwriting.net ...
Common Law has an equal footing to that of statute.
(Wikipedia 2016a)
In addition, we have European law, a major source of legislation related to employment matters for example, treaties (applies to trading activities across
the UK), Regulations, Directives (UK Legislation) and decisions, which set precedence and legal test.
1.2– Describe the role played by the tribunal and courts systems in enforcing employment law
The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before them are dealt with in a fair and
consistent manner. Delivering an outcome that is consistent with the facts put before them. They have to consider the evidence placed by both the
employee and the employer. In most cases it is for the employer to prove that they handled the case appropriately taking account of their internal
procedures and ensuring that they were not in breach of any relevant employment legislation related to the employee and their circumstances.
In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes
sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant
and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.
Structure of the courts
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Nvq 2 Essay
Task B Your work role * Bi– Describe the terms and condition of your employment as set out in your contract of employment or employment
agreement.
JOB DESCRIPTION AND STATEMENT OF WHAT EMPLOYER'S EXPECT ON THEIR STAFF. MUST BE READ BY THE STAFF AND
FOLLOW THE POLICY AND PROCEDURE OF THE HOME. TO ATTEND ALL THE TRAININGS NECCESSARY FOR THE JOB * Bii
–
Describe the information which needs to be shown on your pay slip/statement TAXCODE, JOB TITLE, EMPLOYEES NAME, EMPLOYER'S
NAME, DATE * Biii – Identify two changes to personal information which you must report to your employer
ADDRESS – To know where to find me in case of emergency
CONTACT NUMBER– so the employer can get in touch with the employee * Biv – Describe the ... Show more content on Helpwriting.net ...
Jonathan, A professionalnurse, is a father of an 18–month daughter, was sentenced to jail for 18 months for the act he has done.
It was the daughter of the patient who hid a video camera in her mother's room to monitor all the acts that happens inside the room due a suspicion of
her mother having too many bruises in her body.
The video gone viral to the public and internet, though it was said to be a controversial issue because the care home or most of the care homes don't
allow any camera recorder to be put on the facility without their consent as it may affect the privacy and confidentially of the care home.
On the video, the nurse was caught slapping the patient 4 times in the abdomen, pushing and pulling the patient recklessly, and then slapping the
resident in her face to finish the work.
His actions were unexplainable to the relatives of the patient and unacceptable in care industry as this controversy raised issues and concerns about the
care/nursing homes on how they treat the residents and this only put doubts and worries on the patient's relatives about the work being done in a care
/nursing home.
Understand employment
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The Workplace Of A Worker Is Not A Matter Of Choice
TABLE OF CASES
Airfix Footwear v cope [1978] ICR 1210
Cole & Fred Stacey Ltd [1974] IRLR 73
Hall and Lorimer [1992] EWCA Civ 25
O'kelly and Others v Trusthouse Forte plc [1983] ICR 728
Ready Mixed Concrete and Minister of Pensions & National Insurance [1968] 2 QB 497
Nethermere v Gardiner [1984] IRLR 240
Walker and Crystal Palace FC [1910] 1K.B. 87
Warner Holidays Ltd and Secretary of State [1983] ICR 440
Yewins and Noakes [1880] LR 6 QB 530
TABLE OF STATUS
Employment Rights Act 1996 s 230(1)
In order to determine the answer to the question, it should first be considered the nature of contract that is whether the waiters at Posh hotel are
employees or self employed. an employment status of a worker is not a matter of choice, it ... Show more content on Helpwriting.net ...
There are several tests and considerations to be examined beginning with the contract itself as to whether there is a valid employment contract.
One can then apply the remaining tests: Control Test – this is a 5 Tier test (who, what, where, when and how the work is done). The Economic Reality
Test – this is a 3 tier test (consideration, control and consistency within the contract). Further development of these tests in case law consider personal
service, degree of control, provision of own equipment, rights of substitution, financial gain or loss, investment and management and bonuses for good
work. This is a 7 tier test. Lastly, the matter of tax and National Insurance will be addressed and considered for the purpose of statutory provisions.
Once all the tests have been applied and considered one must sit back and view the entire picture as these are not simple checklists to determine
employment status as each are given different weighted consideration. The court will look at all the relevant facts together to make its decision as
seen in Warner Holidays Ltd and Secretary of State [1983] the need to consider balancing the features of the relationship pointing to or detracting from
employee status can be seen in Hall and Lorimer [1992]
For the purpose of this case it is to be determined if the waiters are an employee and has been unfairly dismissed, or if they are self–employed person
as Posh hotel contends and having not been unfairly dismissed.
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Bus 670 Week 3 Individual Assignment Elements Of A Contract
BUS 670 Week 3 Individual Assignment Elements of a Contract A contract of employment is a type of a contract used in labor law to attribute rights
and responsibilities between parties to a contract (Blum, 2007). On the one end stands an "employee" who is "employed" by an "employer". A written
employment contract is a document that someone and their employee sign which sets forth the terms and conditions of the employment relationship
(Tepper, 2011). Many rules, exceptions and considerations apply when dealing with employment contracts. Suppose that the Fabulous Hotel hires you
as head chef under a two–year employment contract. After two years, another hotel wants to hire you. However, in the original employment contract
you signed with the fabulous Hotel, the following paragraph appears: "The below–signed agrees not to work as a chef for another hotel in the same
metropolitan area for a period of two years after leaving our employ." First, it is crucial to know and understand which law governs the employment
contract. According to Seaquist, contract law is governed by the common law or the Uniform Commercial Code (UCC) (Seaquist, 2012). If the
contract handles the sales of goods, it is governed by the UCC (Seaquist, 2012). If the contract handles anything besides the sale of goods (such as real
estate, insurance, personal services like employment, etc.) then it is governed by the common law (Seaquist, 2012). When a business or employer hires
an employee to join the staff,
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Strategic It Changes, Predicted Benefits, And Opportunity...
6.HBL Strategic IT Changes, Predicted Benefits, and Opportunity Cost:
Strategic HR ideas are difficult to implement as the HBL's HR system is outdated when compared to the relatively newly established banks within the
country. HBL engaged IBM's consultants to provide them a new system. This system was capable of functionalities including:
An employee can see his/her basic data which includes basic profile, previous performance review, annual leave, payroll, academic and professional
qualifications, vocational training and archived of achievements on various projects employees have worked during the number of years.
The objective to implement such ERP system was to develop a skills data bank within HR department that can make it self–sufficient for future work
related resource allocations and could direct the leaders into the right way to utilize the workforce as per their specialist skills. As per top management
predictions, once implemented the system could generate quantifiable synergies and a resultant competitive advantage over rivals. The software could
also be used for budgetary controls over recruitment costs and help to identify the short–term and long–term employee training needs without any
policy constraints HBL currently have due to its bureaucratic culture. This way the bank could have developed the swift response to its future
workforce needs and help strengthen the long–term business sustainability in–line with its corporate objectives.
Extraction and
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Err Task B Essay
Task B – Your work role Bi) Describe the terms and conditions of your employment as set out in your contract of employment or employment
arrangement. The terms and conditions of my own contract of employment, and the terms that my manager and I agreed on are written on my
contract. These terms and conditions include that I must be honest in all areas of my work, follow the dress code, obey rules and get along with
others. In my contract it states that I must be honest, and this includes being honest about any activity that has happened and any information I get
told by another parent, carer or colleague. I must also follow the dress code and this is so that I look smart and all the staff looks the same and make
a good representation of... Show more content on Helpwriting.net ...
If I did not agree with the comments made by the manager, I could write a letter to appeal against them and then I would have to send this letter to
my area manager, head office or HR. Bvi) Explain how your role contributes to the overall delivery of the service provided. As a trainee nursery
assistant, my role is to help to monitor the wellbeing of children, make sure they have appropriate play equipment, aware of the health and safety
policy within work. Some things I wouldn't be involved in as aspects such as finances, building upkeep and waiting lists. In my role, I am required
to do regular observations of the child to help track their development progression, I am also required to take part in parent's evenings to talk and
explain to the parents how their children are getting on and progressing. I am also required to play a big part in caring for the children in ways that
are educational as well as being fun for them. I also take a part in making sure they get physical exercise and meet their nutritional needs. Bvii)
Explain how you could influence the quality of the service provided. By following good practise I proved appropriate care, and I fi didn't individuals
would suffer. Communication is very important when working with young children as they need to be able to understand simple instructions and want
to be able to listen and communicate back to you. Communication does not involve just speaking but also listening,
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Understand Employment Responsibilities and Rights in...
Understand employment responsibilities and rights in health, social care or children's and young people's settings Assignment composition
Assignment overview In this assessment you will explore aspects of employment law, your role and responsibilities in respect of employment
practices and present an issue of public concern that has occurred within either the health, social care or children's and young people's sector.
Additionally, you will create a career plan which reflects on your continuing professional development and related learning and possible future
qualification opportunities. Tasks There are four tasks to this assignment. A Short answer questions B Your work role C Career pathway D
Presentation or report This is a... Show more content on Helpwriting.net ...
a) b) Identify two different representative bodies which influence your area of work. Describe the role of the two representative bodies you have
identified. Understand employment responsibilities and rights in health, social care or children's and young people's settings Task C Career
Pathway Create a career pathway plan for yourself, indicating what opportunities are open to you as you progress in your chosen career. Indicate
what you will need to learn or any qualifications you might need to gain in order to achieve your goals. Identify sources of information to help you
achieve your goals. Understand employment responsibilities and rights in health, social care or children's and young people's settings Task D
Presentation or report Prepare a presentation or report on an issue or area of public concern related to the care profession. Your presentation or
report should include: A description of the issue or area of public concern raised An outline of the different points of view regarding the issue or
area of public concern raised A description of how the issue or area of public concern has affected service provision and methods of working A
description of how public opinion is affected by issues and areas of concern in either the health, social care or children's and young people's sectors
Understand employment responsibilities and rights in health, social care or children's and young people's settings Understand employment
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Employee Orientation Form I-9
Every organization is enforced to complete and retain Employment Eligibility Verification for every employee they hire in the United States, with the
exception of four important factors. The first is if the organization hired an employee on or before November 6, 1986 and still employs that person. In
that case, the organization is not required to complete the Form I–9 for that employee. This is due to the fact the Form I–9 initially appeared on
November 6, 1986. The second exception concerning who is not required to complete the Form I–9 are workers hired for casual domestic services in
private homes on an irregular basis. Casual domestic services refers to individuals such as babysitters, handyman, or cleaning person. The third
exception to
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NVQ ERR WORKBOOK
Business Skills Apprenticeship Frameworks: Business & Administration Contact Centre Customer Service Marketing & Communication Sales &
Telesales Team Leading & Management Induction (ERR) Workbook December 2010 CfA 6 Graphite Square Vauxhall Walk London SE11 5EE
info@cfa.uk.com Tel: 020 7091 9620 Fax: 020 7091 7340 www.cfa.uk.com CONTENTS Welcome and IntroductionPAGE How to use this Workbook4
1Statutory Rights and Responsibilities1.1 Contracts of Employment1.2 Anti–Discrimination1.3 Age Discrimination 1.4 Disability Discrimination1.5
Working Hours, Rest Breaks and Holiday Entitlements1.6 Maternity/Paternity, Parental and Adoption Leave1.7... Show more content on
Helpwriting.net ...
OVER TO YOU You will find a few questions designed to check that you know and understand aspects of ERR. You do not need to complete the
Workbook straight away, nor do you have to work through it in any particular order. You should talk to people such as your line manager, training
provider or mentor (if you have one) for information, help and advice on some of the sections. You will also need to do some research using your
staff manual and (if available) on the Internet. ©2010 CfAPAGE 4 1.Statutory Rights and Responsibilities All Learners need to know that employers
and employees have a range of statutory responsibilities and rights under Employment Law and that employment can be affected by other legislation
as well. 1.1Contracts of Employment1 WHAT YOU SHOULD KNOW How an employer and employee (you) are governed by the terms and
conditions contained within a contract of employment (this may not be in writing). Employment contracts are legally binding on both the employer
and employee and serve to protect each other's rights and responsibilities. The terms (legal parts) of the contract can be in a variety of forms,
including: o
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1. Discuss The Major Changes That Have Occurred In The
1. DISCUSS THE MAJOR CHANGES THAT HAVE OCCURRED IN THE LAST 30 YEARS AND EXPLAIN HOW THIS HAS "CREATED" THE
NEED FOR CREWING AGENCIES.
The maritime transport industry has gone through tremendous changes in the last fifty years. New technologies have been introduced to improve
operational and management efficiencies while globalization has given rise to a competitive business environment in the face of 4 th IAMU General
Assembly growing demands for maritime transport. The contemporary maritime industry, in spite of a clear trend of consolidation and co–operation
among firms, remain highly competitive.
Customer service has become a matter of pervasive focus for firms in the industry while specialization, with respect to service and ... Show more
content on Helpwriting.net ...
Therefore for ship owners to survive in this era of declining trend in freight rate and the strict requirements of international conventions on safety,
attention must be turned towards developing countries for cheap but qualified and experienced seafarers by assisting in the provisions of training
facilities and equipments to meet the STCW 95 standard requirement for manpower capacity development to meet the international maritime labor
demand. crewing agencies help shipping companies to meet the global demand of qualified skilled manpower supply according to the international
standards enforced by maritime organizations and flag state control of different countries.
The important function of crewing agents are out lined below:
Provide seafarers orientation on recruitment policies and procedures, terms and conditions of employment and other relevant information. Ensure that
any seafarer recruited or deployed by them is qualified and holds the documents necessary for the job concerned ,Ensure that contracts of employment
are in accordance with any applicable laws, regulations and collective bargaining agreements., Ensure that seafarers are informed of their rights and
duties under their contracts of employment and the articles of agreement prior to or in the process of engagement, Ensure that proper arrangements are
made for seafarers to examine their contracts of employment and articles of agreement before and
... Get more on HelpWriting.net ...

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Employment Rights and Responsibilities

  • 1. Unit 1 Err 201 Unit 201– Outcome 1 Aspects of Employment – Dismissal, redundancy, retirement and TUPE – Breaches of contract – Health and Safety – Maternity / Paternity leave – Holidays, sickness and compassionate leave – Discrimination and bullying in work place – Removal of barriers for disabled people – Data Protection – Discrimination during recruitment process – Equality within the workplace, for example, working hours, pay, benefits – How you are managed in the work place – Entitlement to career development in the work place Current Employment Legislation – Equality Act 2010 – Employment Right Act 1996 – Employment Relations Act 1999 – Data Protection 1988 – Health and Safety at work Act 1974 – Health and Safety (young persons) Regulations ... Show more content on Helpwriting.net ... Grievance procedure I would follow instructions of company hand book.
  • 2. Conflict management is identifying and handling the situation in a fair sensible manner. Skills required are effective communication, problem solving and negotiating with a focus of interest. Anti–discriminatory practise is the main strategy in combating discrimination. It is action taken to prevent discrimination on the grounds of gender, race, class and disability it takes into account out behaviour towards others this is the key to combating prejudice. Equality and diversity is treating everyone equally regardless of colour, gender, age and race. Its respecting service users individual rights allowing them as much control over their own lives as possible. Health and safety is identifying work place, hazards and reducing accidents. Unit 201 Outcome 3 My role as a night care support worker contributes to the overall delivery of the service in our residential care setting. My main duties are to ensure residents get supper and night time medication before they retire to bed, regular checks during the night are done to ensure they are safe and well. I also do the ironing to ensure they have clean laundered clothes, then I ensure the house is clean and tidy by brushing the floors, mopping and dusting. Stationary is plenty and all forms are readily available in appropriate file, MAR ... Get more on HelpWriting.net ...
  • 3. Written or Oral Contracts Employment is a relationship between an employers and employees. This relationship is extremely important, as it becomes a part of our daily life. Aside of being a professional relationship, in many cases it becomes a personal and expressive one. In today 's work place, if the conditions of employment are excellent, and the employees are treated with fairly, it is more likely that they will be pleased, and their productivity will increase. However if the environments in the work place are poor or not suitable, we will have the total opposite results. To avoid any complications or misunderstandings between employers and employees, this relationship is governed by rules and laws. The basis of these rules is the ESA (Employment ... Show more content on Helpwriting.net ... During the application and interview stage, the management is able to ask potential employees to provide them with information of any health problems. The management can inquire of any reason that might prevent an employee to perform his/her duties. If the employer would like to go into medical testing, they should wait until the decision to hire the person is made. Testing should only be performed in direct relevance to the job performance. Hiring the employer is now ready to offer the successful candidate a position with the organization. Both employer and employee should set out the standards of their employment relationship. Before the new employee starts, the employer should set the specific duties that can help to enforce variable issues in the relationship. Before an employer hires an employee they should keep in mind the potential minefields that can be avoided. When hiring a new employee you must make sure that the new employee does not have an existing employment contract with his/her current employer. This will help ensure that you will not be liable for any legal action against you for inducting breach of contract. In cases where an inducing breach of contract occurs, the former employer will have to prove that the current employer acted deceitfully or in bad faith. The current employee must have a valid argument against the claim. The current employer will have a defense if they can prove that by hiring the new employee ... Get more on HelpWriting.net ...
  • 4. Fasb Asc NaviNow will pay $8 million to the four former owners of TrafficEye if revenues from the combined system exceed $100 million over the next 3 years. NaviNow estimates this contingent payment to have a probability adjusted present value of $4million. According to down said formula (http:/ /www.ey.com/Global/assets.nsf/United%20Accounting/ATG_FRD_BB1616/$file/ATG_FRD_BB1616.pdf) the $8million is consideration transferred in the acquisition. B6.4.4.7 Factors involving a formula for determining contingent consideration Excerpt from Accounting Standards Codification Business Combinations – Overall Implementation Guidance and Illustrations 805–10–55–25 g. Formula for determining consideration. The formula used to determine the contingent... Show more content on Helpwriting.net ... The factors are described in ASC 805–10–55–25 and are discussed below. B6.4.4.1 Continuing employment Excerpt from Accounting Standards Codification Business Combinations – Overall Implementation Guidance and Illustrations 805–10–55–25 If it is not clear whether an arrangement for payments to employees or selling shareholders is part of the exchange for the acquiree or is a transaction separate from the business combination, the acquirer should consider the following indicators: b. Continuing employment. The terms of continuing employment by the selling shareholders who become key employees may be an indicator of the substance of a contingent consideration arrangement. The relevant terms of continuing employment may be included in an employment agreement, acquisition agreement, or some other document. A contingent consideration arrangement in which the payments are automatically forfeited if employment terminates is compensation for postcombination services. Arrangements in which the contingent payments are not affected by employment termination may indicate that the contingent payments are additional consideration rather than compensation. In a change from prior accounting under EITF 95–8, the guidance in ASC 805 requires that any arrangement under which payments are forfeited if ... Get more on HelpWriting.net ...
  • 5. Essay about Understand Employment Rights and Responsibilites Understand employment responsibilities and rights in health, social care or children's and young people's settings. Task A– Short Answer Questions Ai) Imagine you are a newly appointed supervisor/manager within your service. You need to update your staff handbook to reflect current employment law. Identify three different sources of information you could use to enable you to do this. (3 marks) * The Government website www.gov.uk is one source of information that could be used. It has information on many things including benefits, working, jobs and pensions. This website has an entire section dedicated to "employing people" and gives information about statutory rights for employees regarding all aspects of employment including:... Show more content on Helpwriting.net ... It goes on to say that due to the evolving nature and changing demand of the business I must understand that the description is to be seen as a guide only which gives an example of the sorts of jobs I am expected to undertake. My duties may vary from time to time and I may be required to work in any department of the company in order to meet the needs of the business. It states that I am required to work whatever hours the business needs, up to a maximum of 46 hours per week. The contract also includes my holiday entitlement and includes my statutory right under the Working Time Regulations 1998. It says the holiday year runs from 1st April to 31st March and a full year paid holiday entitlement allowance is 28 days for a full time employee or pro–rata for those doing less than 40 hours over 5 days per week. Bank holidays are mandate and deducted from this allowance. It explains how individual preferences for holidays will be met as much as possible but the needs of the business may need to take precedence. The contract of employment also states that it will pay Statutory Sick Pay (SSP) as long as I have complied with all the statutory rules, and that it may pay sick pay in addition to SSP at its entire discretion. If my absence lasts less than 4 calendar days then I would be required to report to my manager on my ... Get more on HelpWriting.net ...
  • 6. Err Booklet Abc Essay Bi: DESCRIBE THE TERMS AND CONDITIONS OF YOUR EMPLOYMENT CONTRACT AS SET OUT IN YOUR CONTRACT OF EMPLOYMENT OR EMPLOYMENT AGREEMENT My employment is conditional to a clear CRB disclosure carried out by my employer; it is subject to the employer receiving 6 personal and professional references through a strict vetting initiative. It is essential to drive and carry valid insurance, tax and MOT certificates including business class one insurance. Any holiday is to be requested a minimum of one month prior to the date and is at the discretion of the manager. Sickness is to be reported as soon as possible to ensure clients visits are reallocated in a timely fashion. I must ensure that during my employment, my outside interests do not engage... Show more content on Helpwriting.net ... Failure to do so will result in disciplinary or dismissal. 2. GRIEVANCE Employers will raise any grievances when necessary in a professional manner and employees are encouraged to raise grievances without fear at all times. Employees and the employer follow the grievance policy at all times. 3. CONFLICT MANAGEMENT When conflict arises CareGivers are asked to not approach the subject in front of clients and to try and resolve calmly, if to no avail they are to seek assistance from a senior member of the team. 4. ANTI–DISCRIMINATORY PRACTICE Employees are encouraged to work in a non–discriminatory manner and to report any issues as soon as they arise. This is for employees, employers and clients. 5. HEALTH & SAFETY Employees are given health and safety training before commencing work in the community and are encouraged to report any issues immediately. 6. CONFIDENTIALITY Employees are to adhere to the confidentiality policy at all times or they could face disciplinary action or possibly dismissal. Confidentiality is essential with clients as it helps to build their trust although vital information should be passed on where necessary to the correct people. 7. WHISTLEBLOWING Whistleblowing encourages and enables employees to raise serious concerns within the company rather than overlooking a problem or 'blowing the whistle' outside. Employees are advised to speak to their designated senior CareGiver or a member of the ... Get more on HelpWriting.net ...
  • 7. The Psychological Contract Critically evaluate the utility of the psychological contract for understanding the contemporary employment relationship. (2500 Words) Introduction Up until the 1990's the psychological contract didn't get a lot of research literature, whereas more recently it has become increasingly popular, and vast in both volume and critique. It is suggested that this blossoming of research is because of fundamental changes in the workplace, commonly referred to as the 'new deal' (Sparrow 1999). The traditional idea of having a "job for life" is no more, people now transfer across their careers to suit themselves, and it is not uncommon to see a graduate working in a field far from that of their study, ultimately leading to a growth in employee... Show more content on Helpwriting.net ... At the two furthest ends of the spectrum MacNeil (1985) identifies the two types of contract that underpin the employment relationship, transactional and relational. A transactional contract is a means to an end view, it denotes an attitude of 'money comes first', working in order to get paid and receive other work benefits. They aren't concerned with being a 'good organisational citizen' or going the extra mile to stand out. Their only concerns are being paid and receiving their holidays. It is a contract based on fairly specifiable obligations. A relational contract is a fairly traditional working partnership between the employee and employer. It can often include a relationship that includes affective involvement or attachment that can commit the employer to providing more than 'purely remunerative support to the individual with investments such as training, personal and career development, and provision of job security' (Millward & Brewerton 2000) (Rousseau 1995) argues that transactional and relational aspects are present in most employment contracts and that it is the length of time that the employment is expected to last that usually identifies relational from transactional contracts, with short term ... Get more on HelpWriting.net ...
  • 8. Federal Law And Government Policy Law and government policy is instilled in order to maintain the rights of employers as well as, their employees. There are three sections in legal framework that makes up a properly structured organization; first, there is Home Depot, which has the right to modify employee work terms for legitimate business reasons. Second, there is the employee, who has the right of protection from harmful business practices, and lastly, there is the government of Canada, which balances both employee and Home Depot relations. (Dessler, Chhinzer & Cole, 2013, 27). Provincial and federal statutes impacts Home Depot in managing employment relationships because it is HR's responsibility to ensure that organization policies align with all legislations. If... Show more content on Helpwriting.net ... If there are no provincial counterparts to federal statutes than those federal statutes are also in effect provincially. The following federal statutes apply to both federal and provincial organizations; The Canadian Pension Plan, which provides qualifying employees with pensions on retirement and permanent disability, applies to Home Depot. Moreover, Employment Insurance Act provides qualifying employees with income replacement during periods of temporary unemployment. (E–Laws, 2014) Because CPP and EI are both federally and provincially regulated, Home Depot must abide by these legislations. The Constitutional Law For Home Depot this includes abiding by the Charter of Rights and Freedoms. The Charter protects the following rights of every Canadian, "Freedom of conscience and religion, freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication, freedom of peaceful assembly and freedom of association." (Dessler et al., 2013, 29). Even though, the regulations in the Charter are not employment specific, Home Depot must accept the laws set forth because the laws protect rights to all Canadian citizens. In addition, this constitutional law takes precedence over all other laws. Thus, Home Depot must conduct their business in total compliance with the laws of the Charter. (Dessler et al., 2013, 29) This means the Charter impacts Home Depot's code of ethics, policy, and employment contract because ... Get more on HelpWriting.net ...
  • 9. Difference Between Contract Of Service And Service For some people, there is no difference between a contract of service and a contract for services, as long as they are employed. But, in essence, there is a difference between the two. A contract of service is a contract whereby a person engaged in a service employer is engaged in a contract, as well as a contract and the work of the employer to indicate that the work and contract for services to be completed is defined as a contractual arrangement, person agrees to provide to another person's employer or employee. The person providing the service is an independent contractor. Independent self–employed persons provide their skills, tools and human resources independently, and do not work on the other person without supervision. It is said that a contract for services has been signed. Contrary to a contract of service as a labor contract, the contract for services is a commercial contract. The apparent distinction between the "contract of service" and the "contract for services": the "self–employed" or the self–employed person who provides or provides the service fee or service fee is based on the contract for service. He is not a single person as a freelance Recipient customer / customer, but for multiple recipient customers / customers. According to another specific wage / payee who perform a specific job, it... Show more content on Helpwriting.net ... The relationship between it in its initial stage, it is the act of submission, in the operation it is subordinate to the condition but the submission and subordination may be called "contract of employment" legal thought indispensable meaning concealed, labor law. The main goal is that the anti–subsidy force that is always against the power of bargaining power is inherently inherent and must be inherent in the employment ... Get more on HelpWriting.net ...
  • 10. The On The Employment Rights Act In 1996, The Employment Rights Act was introduced, an employee was defined therein as an individual who works under contracts of employment, however it fails to define what is meant by a 'contract of service'. A retrospective view of the UK indicates that there is no generic denotation of an 'employee' created through legislative processes. It is imperative to note the court is the major determinant of the status of the parties in an employment relationship. The court therefore put together a series of tests to regulate employment contracts which involves an application of diverse common law tests distinguished by Simon Deakin and Gillian Morris in 2000. The primary classes of those tests are; The control test The integration test The economic reality test The mutuality of obligation test The multiple test This essay will critically assess the tests that separate contract of services and contract for services and if one test is a sufficient determinant. It will also explore the consequences of concluding that a person is an employee. Initially, the courts used a single test known as the "control test". At this point employees were not specialized like what is obtainable today. This test emerged in the connection with imputed negligence and it appeared to be sensible to consider the authority over employee by an employer. Bramwell LJ said on account of Yewens v Noakes (1880) that an employee is subordinate to his employer and takes instruction from his employer ... Get more on HelpWriting.net ...
  • 11. Unit 3 Cypw Essay Unit 3 1.1 List the aspects of employment covered by law. These are all covered by law so that no one is taken advantage of and also so that both Parties are covered to a certain point and makes sure everyone is treated fairly i.e. * Minimum wage * Hours worked (working time directive) * Discrimination * Health and safety * Holiday entitlements * Redundancy and dismissal * Training * Disciplinary procedures * Union rights and consultation, etc. These apply to all Work environments. . Labour law covers the deal between employee and employer. Health and safety laws cover the work conditions, and minimum wage and other laws set basic compensation levels 1.2 List the main features of current employment ... Show more content on Helpwriting.net ... Part 2 sets out the learning and development requirements that all early years providers must by law deliver, regardless of type, size or funding of the setting. The Childcare Act 2006 provides for the EYFS learning and development requirements to include three elements: the early learning goals – the knowledge, skills and understanding that young children should have acquired by the end of the academic year in which they reach the age of five the educational programmes – the matters, skills and processes which are required to be taught to young children the arrangements for assessing young children to ascertain their achievements. Part 3 of the guidance sets out the detailed welfare requirements that all early years providers must meet in the following areas: safeguarding and promoting children's welfare suitable premises, environment and equipment organisation documentation. Each area includes the specific legal requirements and the statutory guidance to which providers should have regard. Where Ofsted considers that a provider has failed to comply with any of the welfare requirements, they may give notice to the provider setting out: in what respect the provider has failed to comply with the requirements what action the provider should take to comply the period in which the provider should take that action. It is an offence for a provider to fail to comply with such a notice. 3.3 Describe
  • 12. ... Get more on HelpWriting.net ...
  • 13. The Employment Status Of An Employee During the old days, employment status is rather straightforward. However, as days went by, with the progress of society as well as technology, the nature of employment becomes more complex. Thus the employment status becomes vague, and in the event of employment disputes, the employment status is evaluated by the court of law based on the test of mutuality of obligation. The test of mutuality of obligation used in relation to the establishment of the employment status is closely related to employment rights. Many employment rights are highly dependent on the ability to establish the status of an employee. However there is no useful statutory definition on 'employee'. The closest definition can be found in the Employment Right Acts 1996 (ERA 1996), section 230(1), but it is in a form of a circular, and thus it is of little help. Therefore, it is left to the courts to define what is an employee. Over the years, a number of tests have been developed to help the courts to make judgement. The employment status test identifies that, the employer has an obligation to provide work for the employee and there must be a reciprocate obligation by the employee. Failing these, a person is unlikely be classed as an employee (Bebbington Palmer). However, the application of these tests is not always easy or straightforward. The historical development on the tests for employee status showed that it had evolved from one of control (Yewens v Noakes) to ... Get more on HelpWriting.net ...
  • 14. Usyd Claw1001 Paper hContents 1. Introduction 2. Relevant Facts and Relevant Issues 3. Ratio/Rationes 4. Evaluate Court's decision 5. Reach a conclusion Introduction The area of law to be discussed would be implied 'terms of a contract which are not agreed by the parties.' They are terms which are related to 'contingencies which might affect the contract of employment in this case.' This is what 'parties intended but left unwritten in the gap of a contract.' There are five conditions by which a contract would be satisfied before a term would be implied. They are 'reasonable and equitable, necessary to give business efficacy so no term will be implied if ... Show more content on Helpwriting.net ... The first argument is supported from the Transport Workers Airlines Award 1988 similar to the case of Mallinson and Scottish Australian Investment Co Ltd 'where an employee tried to recover in the New South Wales District Courts the difference between the award rate and the lesser amount which he had been paid.' The second argument concluded from BP Refinery Pty Ltd v Shire of Hastings is that 'it is not necessary to imply a term in the form of c11(a) for reasonable or effective contract of employment in all circumstances.' The third argument should be implied because that terms may be implied through custom/trade usage where term may sometimes be implied by reason of established custom which includes established practice in the industry. The agreement from the statute can be used in supporting the appellant's argument that the term be imported into the contract. Ratio/Rationes 'The ratio decidendi is termination of employment by an employer shall not be harsh, unjust or unreasonable and termination of employment shall include termination with or without notice.' Implied terms and imported terms will be brought into view to whether termination of the employment from the baggar handlers is reasonable or unreasonable. Evaluate Court's decision The court's decision of termination of the appellants' employment was not totally reasonable enough to terminate employment. The Implied argument that the 'implied term of contract of employment should be rejected' as ... Get more on HelpWriting.net ...
  • 15. Casefile Method MEMORANDUM 03.01.2010 TO: FROM: RE: Daphne Matthews Alex Associate– 4667 Memo Assignment 1: Who Does the Pastry? I. Introduction Collins was hired as Head Chef at the Marrimount Hotel and believed that this job came with the inherent authority to choose his assistant chefs, even though nothing of this was mentioned in the contract for employment. Therefore, when Crest, owner of the Marrimount, attempted to determine Collins 's assistants, Collins quit his job and went to work for the Treadwell Center. The contract It may actually be good for Collins to argue that there was no contract between himself and Crest. First, there was no detailed employment agreement, just a letter signifying the contract terms. The letter referred to ... Show more content on Helpwriting.net ... Stein is definitely associating Collins's role as more managerial than Crest is claiming he had. Further, Collins was able to hire his own dessert chef without interference, creating a presumption that the hiring of his team was within his authority. More logically, this is a big hotel that was seeking Collins out because he was known for preparing gourmet meals for large groups. A Head Chef is more than a cook. They are in charge of the dining room, carefully selecting staff that can help prepare these large meals that would not be possible to create with just one person. This was a managerial or executive position as much as it was a cooking one. Crest was not just looking for a cook when they hired Collins; they were looking for a Head Chef. By taking away Collins's ability to hire and fire his "team" they materially breached the contract to employ Collins as the Head Chef. A court will likely find such an argument persuasive and deem that Crest materially breached the contract first. ii. Reduction in duties or rank is a breach of contract Collins will want to argue that this case is analogous to Rudman v. Cowles Communications, Inc., which is controlling authority in New York. In Rudman, an editor was hired to manage and oversee the publication of his series of books. The employer then began changing Rudman's books without approval and took away his managerial role and oversight. The court found a breach of contract and explained, If an employee...is ... Get more on HelpWriting.net ...
  • 16. Contractual Precedent Within Employment Law Contractual Precedent within Employment Law Contractual Precedent Regarding General Employment For a contract to be legally binding, agreements between two parties or more is necessary. For a contract to be valid certain elements must take place, these include the terms offer, acceptance, consideration and intention. Within employment it is vital that employers have contracts intact between them and their employees. The party making the offer are known as the offeror and the party who the offer has been made to is known as the offeree. Once a contract is made and it's established as being valid, damages can be claimed for if there has been a breach in the contract. There are a number of elements that need to be in place in order for a contract to be valid. Where the element of offer comes into action is when an individual expresses an action to enter an agreement with another party on the basis on certain principles and elements. Where an employment circumstance is concerned, an offer would be proposed by an employer however in certain situations an offer could be placed forward by an employee. Amid this period it's likely that another offer would be made by one of the parties involved. At this time additional terms would be discussed and evaluated among the parties involved. Once a new offer is placed the original offer would be cancelled. Acceptance is another vital part of the contract. It is essential that acceptance is the unconditional acceptance of all the elements ... Get more on HelpWriting.net ...
  • 17. Level 3 Err CONTENTS PAGE Welcome and Introduction How to use this Workbook 1 Statutory Rights and Responsibilities 1.1 Contracts of Employment 1.2 Anti –Discrimination 1.3 Age Discrimination 1.4 Disability Discrimination 1.5 Working Hours, Rest Breaks and Holiday Entitlements 1.6 Maternity/Paternity, Parental and Adoption Leave 1.7 Absence and Sickness 1.8 Data Protection and Access to Personal Information 1.9 Health and Safety Procedures and Documents in your Organisation 2.1 Contracts of Employment 2.2 Anti– Discrimination 2.3 Working Hours and Holiday Entitlement 2.4 Sickness Absence and Sick Pay 2.5 Data Protection 2.6 Health and Safety Sources of Information and Advice 3.1 Internal Sources 3.2 External Sources About your Occupation and ... Show more content on Helpwriting.net ... You do not need to complete the Workbook straight away, nor do you have to work through it in any particular order. You should talk to people such as your line manager, training provider or mentor (if you have one) for information, help and advice on some of the sections. You will also need to do some research using your staff manual and (if available) on the Internet. ©2010 CfA PAGE 4 1. Statutory Rights and Responsibilities All Learners need to know that employers and employees have a range of statutory responsibilities and rights under Employment Law and that employment can be affected by other legislation as well. 1.1 Contracts of Employment1 WHAT YOU SHOULD KNOW How an employer and employee (you) are governed by the terms and conditions contained within a contract of employment (this may not be in writing). Employment contracts are legally binding on both the employer and employee and serve to protect each other's rights and responsibilities. The terms (legal parts) of the contract can be in a variety of forms, including: o verbally agreed o in a written
  • 18. contract (or similar document) o in an employee handbook or on a company notice board o in an offer letter from your employer o required by law, for example, your employer must pay you at least the minimum wage o in collective agreements o implied terms A contract of employment comes into force as soon as a firm offer of employment has been made and accepted, even ... Get more on HelpWriting.net ...
  • 19. BTEC BUSINESS UNIT 16 P4 Essay Unit 16: Human Resource Management in Business 'Managing People' Describe how your organisation obtains the co–operation of its employees through the contract of employment and employee involvement techniques. Employee Co–operation Contracts of employment An employment contract is a written legal document that lays out binding terms and conditions of employment between an employee and an employer. The employers in ZARA need to makw sure that their employees are aware of what rights and responsibilities they have as workers in ZARA. This contract also includes: The salary rate that is going to be paid to the employees. When they will be getting their salaries What deductions are going to be made from their salaries like income ... Show more content on Helpwriting.net ... This has an advantage and as well as a disadvantage for the employees as they might have less work to do compared to the other employees but they might not know when they are getting their next job. Zara uses full time employment contracts with their staff. Disciplinary procedures Disciplinary procedures are a set way for an employer to deal with disciplinary issues. They should include a disciplinary hearing where you're given a chance to explain your side of the story. Grievance procedures This is a problem that could occur between the employee and employer, it is a complaint that they could have against each other for something that either of them has done wrong. Union Membership This is when a group of staff or workers is formed into a labor union. These unions play a big role in the firm as they can talk about issues between each other. An example is when there is a problem with the staffs pay amount of even the working conditions. Codes of behavior
  • 20. This is basically a set of conventional principles that are considered binding on the employer/employee. This is mainly about what is acceptable behavior in the firm. Employee involvement techniques Companies might use these techniques in order to get the staff more involved in decisions being made for the organization. This may also motivate the staff as they would feel they are also part of the firm and not just ordinary staff working there. Membership of work groups Firm's ... Get more on HelpWriting.net ...
  • 21. Employment Responsibilities and Rights in Health Social... Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and Children and Young People's Settings Workbook Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and Children and Young People's Settings Workbook Contents Modules Topic Contracts of employment Anti–discrimination Age discrimination Statutory rights and responsibilities Disability discrimination Working hours, rest breaks and holiday entitlement Maternity/Paternity, parental and adoption leave Absence and sickness Data protection and access to personal information Health and safety Contracts of employment Anti–discrimination Procedures and documentation within your organisation Working hours and holiday entitlements Sickness ... Show more content on Helpwriting.net ... Below is an example of a journal entry: Your reflective learning journal entry should include: п‚· п‚· п‚· п‚· п‚· The description of the event that took place; What you have learned; How it has affected your job role; Short term implications to you or your job role and Long term implications to you or your job role. Creating a new journal entry 1. 2. Click on the button on the navigation menu. Under the Actions Menu click on New Journal. Page | 4 Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and Children and Young People's Settings Workbook The 'My Learning Journal' is very much like sending a message, you have: a subject line, content section and can attach a file or multiple files. 3. 4. 5. Type in the subject for your 'My Learning Journal' entry; In the content section, enter your main journal entry; Attach any reference files by clicking the browse button and selecting the files from your computer. Your journal entry should look like the example listed below: 6.
  • 22. Click the post button once you have checked the contents and your entry will be added to your 'My Learning Journal'. Page | 5 Level 2 Award in Employment Responsibilities and Rights in Health, Social Care and ... Get more on HelpWriting.net ...
  • 23. Laura Ashley Holdings Plc Laura Ashley Holdings plc: The Battle for Survival The principal activities of the Laura Ashley Holding Group are the design, manufacturing, sourcing, distribution and sale of clothing, accessories and home furnishings. The Group acts through tow divisions: Retail, which reflects sales through Laura Ashley managed stores, Mail Order and Internet, and Non–retail, which includes licensing, and franchising, although the retail sector represents the bigger one. The company operates in the UK, Ireland and Continental Europe and to some extent in the US market. Although the former CEOs of Laura Ashley Holdings plc have conducted several cost cutting and restructuring strategies, Ng Kwan Cheong, who took over as chief executive of Laura Ashley... Show more content on Helpwriting.net ... This market may provide quite a lot of potentials and profit for the company, but it has suffered a lot in exploiting the market efficiently. Moreover, the closure of small retail shops, the opening of larger shops and the closure of inefficient large shops may not only provoke increasing costs but also makes employees afraid of losing their jobs, which creates an overall bad reputation of the company and thus an possible reduction of sales. Another matter that should be analyzed and improved is the supply chain. Solution to the mentioned problems The company should conduct a consumer survey among its key/traditional/principal/loyal customers to meet their needs. It should focus on their core competences, which is the design, manufacturing and retail of traditional clothes, accessories and home furnishings and franchising and licensing. Thus they are able to formulate a mission which signals a clear and straight message towards traditional design. In this way the loyal customers but also new customers may have more trust in the product and (continue) buying from the company, which would provoke an increase in sales. Maybe it would be wise to outsource some of the clothing manufacturing to a subcontracting firm to save costs but to keep control over this subcontracting firm. Furthermore, an orientation towards the traditional AND the youth/modern market, in this way a diversification through an expansion towards a new market (the youth market), would be ... Get more on HelpWriting.net ...
  • 24. Employment At Will vs. Due Process Essay In dealing with a person's livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts,... Show more content on Helpwriting.net ... However, this is not to say that due process does not include duties on the part of the employee. Employees must follow all business practices that align with their job and their position with the corporation. Breach of contract and their duties to their employer can still result in dismissal from their post. Due process is the ethical means by which ending employment contracts is best administered. It allows for repercussions for unfair firing practices on the part of the employer, who in all actuality, carries the power in the relationship. Due process allows for an appeal when an employee believes they were terminated without or with bad cause. In essence it polices the employer to act ethically in situations where a person's wealth and career are at stake. At will contracts in the business world are often defended on the basis that they are equally beneficial to the employer and employee. This is quite obviously not the case in modern business and economic conditions. It is stated by Richard Epstein in "In Defense of the Contract at Will" that if a person enters into a disastrous and one–sided contract that they are free to exit the contract and pursue other means of employment.3 This is hardly the case, however, as when a person has a family, and of course themselves, to support leaving a disastrous situation is not always ... Get more on HelpWriting.net ...
  • 25. foundation of HRM The employment relationship is the context within which intricate interactions between employees, who may be unionised, and employers are conducted, both collectively and individually (Kelly, 1998 cited in Rose, 2004 p.6) Potential for conflict between employee and employer interests Unequal nature of the employment contract The ways in which the employment relationship is regulated The employment contract: Lecture aim: to examine the inequality of the employment contract to outline the duties upon employer and employee within the employment contract to explain the indeterminate nature of the employment contract The Contract of Employment: A relationship of equals? The contract of employment 'exhibits an individualism which... Show more content on Helpwriting.net ... "..the employment contract is indeterminate. In a commercial contract a product or service is supplied for a price. In the labour contract, the worker sells an ability to work, which is translated into actual labour only during the course of the working day. Expectations about standards of performance have to built up during the process of production." (Edwards, 2003:14) Analysing the Employment Contract: The employment contract reflects, particularly in the status of the implied terms (duties), the power relationships between employer and employee (to the extent that it protects managerial rights) 'the actual operation of legal rights in the workplace depends on the power, knowledge and organisation of the parties as well as on the statute book' (Edwards, 2003:15) Competing Ideologies: Perspectives at work Perspective is a term that may be used interchangeably with frame of reference or ideology It describes a set of underpinning ideas and beliefs that informs an individual 's assumptions about how society operates and influences their attitudes and behaviour (Blyton and Jenkins, 2007,p.166) Perspectives at work: "how people regard the nature of different interests and the distribution of power and control in the employment relationship" (ibid.) Pluralism Mainstream political and industrial relations theory in 1960s and 1970s Unitary Long standing set of ideas which have regained ... Get more on HelpWriting.net ...
  • 26. Employee Violations In Employment Law The Employment law regulates the relationship between the employer and employee so they can engage in fair and ethical employment practices. It is especially important for employers to know and refer to employment law in the context of employment. This is because the courts are more likely to protect employees from unfair treatments as they generally believe employees are in weaker bargaining position than their employer. I.What employment violations has the employer committed, if any? According to the case, Sally found out her employer unilaterally changed her job without providing reasonable notice of the change. In Canada, employers generally have the right to make changes to the terms of employment if it is reasonably necessary and employees have the right to be notified and consulted before any changes were imposed. In other words, one party cannot impose a change to the terms of contract without first notifying and securing the consent of the other party (Yates,... Show more content on Helpwriting.net ... Can Sally sue for damages? If Sally can sue for damages, what might the court consider when assessing damages? According to Yates (2013), when an employer demotes or makes unilateral changes to the nature of employment, this constitutes a constructive dismissal. This proves that Sally was constructively dismissed. Therefore, she can treat the contract as wrongfully terminated and sue for wrongful dismissal. In considering Sally's case, the court would apply the same test they have established in 2015 to determine a constructive dismissal for the case of Potter v. New Brunswick Legal Aid Services Commission (2015 SCC 10 (CanLII)) : a)Extent of the unilateral change: Whether the employer breached an express or implied term of the employment contract in a way that substantially altered the essential terms of the contract; or b)Intention: The employer's conduct would lead a reasonable person in the same situation to conclude that the employer no longer intended to bound by employment ... Get more on HelpWriting.net ...
  • 27. The Impact Of Current Common Tests On Employment Law Employment law has been criticised for impeding efficiency and competitiveness. In this essay I will assess the problems of current common tests of employment status, mainly focusing on 'atypical' workers, and also the impact of the development of employment law. The main objective of employment law The most important function of employment law in the economic perspective is to determine the limitations of managerial authority so as to protect workers against inequality in the commodification of labour. The main objective of labour law is claimed to be a countervailing force to counteract the inequality of bargaining power which is inherent and must be inherent in the employment relationship. Can labour standards and labour market regulation be an input into efficiency and competitiveness? The essence of employment law inevitably affects the efficiency of a business in a competitive market. We then need to determine in what way it affects the efficiency and competitiveness, whether it improves productivity, labour and skills. Employment Status Common Law Tests Issues The question of the employment status is critical in employment law. There are various different situations and circumstances where identifying the employment status can be made tough. There are blurred boundaries between employees, workers and independent contractors, and this can contribute to a huge problem because it is fundamental to identify them, as the protected rights offered depends on their ... Get more on HelpWriting.net ...
  • 28. A Contract Of Employment Contract A contract of employment is a type of a contract used in labor law to attribute rights and responsibilities between parties to a contract (Blum, 2007). On the one end stands an "employee" who is "employed" by an "employer". A written employment contract is a document that someone and their employee sign which sets forth the terms and conditions of the employment relationship (Tepper, 2011). Many rules, exceptions and considerations apply when dealing with employment contracts. Suppose that the Fabulous Hotel hires you as head chef under a two–year employment contract. After two years, another hotel wants to hire you. However, in the original employment contract you signed with the fabulous Hotel, the following paragraph appears: "The below–signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ." First, it is crucial to know and understand which law governs the employment contract. According to Seaquist, contract law is governed by the common law or the Uniform Commercial Code (UCC) (Seaquist, 2012). If the contract handles the sales of goods, it is governed by the UCC (Seaquist, 2012). If the contract handles anything besides the sale of goods (such as real estate, insurance, personal services like employment, etc.) then it is governed by the common law (Seaquist, 2012). When a business or employer hires an employee to join the staff, the employee enters into a contract that is governed by the ... Get more on HelpWriting.net ...
  • 29. Btec Business Level 3 Unit 8 P1 In this task I will be explaining how a certain organisation or business gains the cooperation of their employees/workers. The organisation I will be taking about is NewVIc. I will use this organisation to cover the contracts of employment and employees involvement techniques. Contract of employment is a legal document, which is agreed between the employer and the employee. Employees at NewVIc are given a contract of employment that includes a statement of main terms and conditions of employment which is provided to the new staff within the 2 months of their start. That includes their staff: Duties Responsibilities Hours of work Lateness Salary Disciplinary procedures Grievance procedure Dismissal procedure Employee and Employer Rights are... Show more content on Helpwriting.net ... For example they will employee some teachers, kitchen staff, security personals as they need them for a longer period of time. The contract must include the name of the employee, the companies' name which is hiring the individual, job description and the date of employment. Followed by the usual stuff such as band details, residency details so that the fixed wage can be transferred to their bank accounts. Also employers should list the number of hours the employee is going to work for, sick pay guidelines, disciplinary and grievance ... Get more on HelpWriting.net ...
  • 30. Sample Resume : Employment Contract Date: 25 May 2016 Addressed to: Teachers at St Alex Topic: Employment in South Africa Employment contract: See appendix A According to Small business Encyclopedia, an employment contract is "an agreement entered into between an employer and an employee at the time the employee is hired that outlines the exact nature of their business relationship, specifically what compensation the employee will receive in exchange for specific work performed. First, the advantages. An employment contract can help you attract and retain key employees. While you can 't force employees to stay, a contract can ensure that they 'll provide reasonable notice prior to departure––typically 60 to 90 days. Employment contracts are also useful when you 're buying or selling a business to make sure key people don 't leave. You can offer employees a retention bonus for staying or let them know they 'll be forfeiting a valuable severance package if they leave". The LRA (Labour Relations Act) now requires the employer and employee to agree, draw up and sign an employement contract. This contract is a legally binding document and must at least comply with the Basic Conditions of Employment Act. The employer may offer better conditions of employment but not less than those stated in this act. An employement contract must include; Employer details, Employee details, Employment details, Salary issues, Leave details, Termination of services and any other issues deemed necessary. Russell, Y., Topper, S., ... Get more on HelpWriting.net ...
  • 31. What Is Equality And Discrimination What is equality? Equality is making sure that individuals or groups of individuals are treated equally and fairly. This includes making sure that no individual is treated less favourably. Individuals should not be treated differently due to their race, gender, age, religious views, and sexual orientation. Equality awareness should remove discrimination in all of the areas mentioned above. Bullying, harassment or victimization is also considered as equality and diversity issues. What is diversity? Diversity is the range of different things. Such as race, age, gender, religious views, sexual orientation, community, and disability. Karen Madcap Karen has worked in Sligo Accountants Limited in a general clerical capacity for many years. As indicated by you she has been under preforming and you are considering deducting her wages as a penalty for her latest poor performance. Under the Payment of Wages Act 1991 employers can only deduct the wages of an employee due to the following reasons: Authorised by law; PAYE( Pay As You Earn), PRSI(Pay Related Social Insurance) An overpaid salary With permission from employee in writing– either in their contract of employment or a written agreement (pension and trade union) Today, to keep the profits of a business increasing, all employees must work to the highest of their abilities maintaining a high standard of work. We need to organise a private disciplinary meeting to discuss the situation with Karen. We need to outline what ... Get more on HelpWriting.net ...
  • 32. Employment at Will Essay Employment at Will When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer's behavior. In Patricia Werhane's paper, "Employment at Will and Due Process", discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane's supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article "In Defense of the Contract at Will". In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of... Show more content on Helpwriting.net ... On the contrary, employment at will is defended by Richard Epstein in his article "In Defense of the Contract at Will". He is trying to show that the contract at will "is adopted not because it allows the employer to exploit the employee, but rather because over a very broad range of circumstances it works to the mutual benefit of both parties." Then I will summarize the benefits of EAW that Epstein provides. The first benefit is the fairness of the contract at will. Epstein concludes that the freedom of contract is an end in itself and so an aspect of individual liberty. While employers own capital, employees own labor. Therefore, they are free to exchange their properties when they see appropriate. Moreover, Epstein criticizes the excess government intervention undermines the freedom of both parties. Thus, EAW can reduce the use of force or fraud in taking advantages during negotiations since either party can cease the relation. Second benefit is utility of the contract at will. In order to rebut banning on the contract at will, Epstein argues individuals know how to govern their own lives. They enter into an "at–will" contract voluntarily according to their self–interest. Then Epstein develops four arguments to show why "at–will" contracts are mutually beneficial. (в® ) Monitoring Behavior. It indicates that it ... Get more on HelpWriting.net ...
  • 33. Employment Laws in Canada Canada Employment Law The employment affiliation can be complex, with no quick and easy method to use which will provide an instant answer. When collecting information from the parties in regards to their work association, the inspector/health and safety officer must keep in mind that the numerous tests are not tests in and of themselves, but rather circumstances outlined in jurisprudence. They may be given more or less credence in a particular case to establish if a worker is simply part of the payer's business or in business on his or her own account (Determining the Employer /Employee Relationship – IPG–069, 2012). The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship – IPG–069, 2012). Another kind of contract between ... Get more on HelpWriting.net ...
  • 34. Definition Of Zero Hours Contract The term 'zero–hours contract' is defined in section 153 of the Small Business, Employment and Enterprise Act 2015 as; "a contract of employment or other worker's contract under which– (a) the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and (b) there is no certainty that any such work or services will be made available to the worker." Before this however, there were various definitions that were applied in cases and government documentation when discussing the topic of a zero–hours contract. The main recognised definition is a contract "between an employer and a worker where the employer is not obliged to provide any minimum working hours, and the worker is not obliged to accept any work offered." This definition is also confirmed by the definition given in new government guidance; "one in which the employer does not guarantee the individual any hours of work. The employer offers the individual work when it arises, and the individual can either accept the work offered, or decide not to take up the offer of work on that occasion." (London Department for Business, Innovations and Skills., 2015). However, the Chartered Institute of Personnel and Development gives a slightly definition of "an agreement between two parties that one may be asked to perform work for the other but there is no set minimum number of hours. The contract will provide what pay the individual ... Get more on HelpWriting.net ...
  • 35. Employment Law Q1 – Understand the purpose of employment regulation and the way it is enforced in practice. Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3) 1.1– Explain the aims and objectives of employment regulation Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The ordinance was written in ... Show more content on Helpwriting.net ... Common Law has an equal footing to that of statute. (Wikipedia 2016a) In addition, we have European law, a major source of legislation related to employment matters for example, treaties (applies to trading activities across the UK), Regulations, Directives (UK Legislation) and decisions, which set precedence and legal test. 1.2– Describe the role played by the tribunal and courts systems in enforcing employment law The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before them are dealt with in a fair and consistent manner. Delivering an outcome that is consistent with the facts put before them. They have to consider the evidence placed by both the employee and the employer. In most cases it is for the employer to prove that they handled the case appropriately taking account of their internal procedures and ensuring that they were not in breach of any relevant employment legislation related to the employee and their circumstances. In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law. Structure of the courts
  • 36. ... Get more on HelpWriting.net ...
  • 37. Nvq 2 Essay Task B Your work role * Bi– Describe the terms and condition of your employment as set out in your contract of employment or employment agreement. JOB DESCRIPTION AND STATEMENT OF WHAT EMPLOYER'S EXPECT ON THEIR STAFF. MUST BE READ BY THE STAFF AND FOLLOW THE POLICY AND PROCEDURE OF THE HOME. TO ATTEND ALL THE TRAININGS NECCESSARY FOR THE JOB * Bii – Describe the information which needs to be shown on your pay slip/statement TAXCODE, JOB TITLE, EMPLOYEES NAME, EMPLOYER'S NAME, DATE * Biii – Identify two changes to personal information which you must report to your employer ADDRESS – To know where to find me in case of emergency CONTACT NUMBER– so the employer can get in touch with the employee * Biv – Describe the ... Show more content on Helpwriting.net ... Jonathan, A professionalnurse, is a father of an 18–month daughter, was sentenced to jail for 18 months for the act he has done. It was the daughter of the patient who hid a video camera in her mother's room to monitor all the acts that happens inside the room due a suspicion of her mother having too many bruises in her body. The video gone viral to the public and internet, though it was said to be a controversial issue because the care home or most of the care homes don't allow any camera recorder to be put on the facility without their consent as it may affect the privacy and confidentially of the care home. On the video, the nurse was caught slapping the patient 4 times in the abdomen, pushing and pulling the patient recklessly, and then slapping the resident in her face to finish the work. His actions were unexplainable to the relatives of the patient and unacceptable in care industry as this controversy raised issues and concerns about the care/nursing homes on how they treat the residents and this only put doubts and worries on the patient's relatives about the work being done in a care /nursing home. Understand employment ... Get more on HelpWriting.net ...
  • 38. The Workplace Of A Worker Is Not A Matter Of Choice TABLE OF CASES Airfix Footwear v cope [1978] ICR 1210 Cole & Fred Stacey Ltd [1974] IRLR 73 Hall and Lorimer [1992] EWCA Civ 25 O'kelly and Others v Trusthouse Forte plc [1983] ICR 728 Ready Mixed Concrete and Minister of Pensions & National Insurance [1968] 2 QB 497 Nethermere v Gardiner [1984] IRLR 240 Walker and Crystal Palace FC [1910] 1K.B. 87 Warner Holidays Ltd and Secretary of State [1983] ICR 440 Yewins and Noakes [1880] LR 6 QB 530 TABLE OF STATUS Employment Rights Act 1996 s 230(1) In order to determine the answer to the question, it should first be considered the nature of contract that is whether the waiters at Posh hotel are employees or self employed. an employment status of a worker is not a matter of choice, it ... Show more content on Helpwriting.net ... There are several tests and considerations to be examined beginning with the contract itself as to whether there is a valid employment contract. One can then apply the remaining tests: Control Test – this is a 5 Tier test (who, what, where, when and how the work is done). The Economic Reality Test – this is a 3 tier test (consideration, control and consistency within the contract). Further development of these tests in case law consider personal service, degree of control, provision of own equipment, rights of substitution, financial gain or loss, investment and management and bonuses for good work. This is a 7 tier test. Lastly, the matter of tax and National Insurance will be addressed and considered for the purpose of statutory provisions. Once all the tests have been applied and considered one must sit back and view the entire picture as these are not simple checklists to determine employment status as each are given different weighted consideration. The court will look at all the relevant facts together to make its decision as seen in Warner Holidays Ltd and Secretary of State [1983] the need to consider balancing the features of the relationship pointing to or detracting from employee status can be seen in Hall and Lorimer [1992] For the purpose of this case it is to be determined if the waiters are an employee and has been unfairly dismissed, or if they are self–employed person as Posh hotel contends and having not been unfairly dismissed.
  • 39. ... Get more on HelpWriting.net ...
  • 40. Bus 670 Week 3 Individual Assignment Elements Of A Contract BUS 670 Week 3 Individual Assignment Elements of a Contract A contract of employment is a type of a contract used in labor law to attribute rights and responsibilities between parties to a contract (Blum, 2007). On the one end stands an "employee" who is "employed" by an "employer". A written employment contract is a document that someone and their employee sign which sets forth the terms and conditions of the employment relationship (Tepper, 2011). Many rules, exceptions and considerations apply when dealing with employment contracts. Suppose that the Fabulous Hotel hires you as head chef under a two–year employment contract. After two years, another hotel wants to hire you. However, in the original employment contract you signed with the fabulous Hotel, the following paragraph appears: "The below–signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ." First, it is crucial to know and understand which law governs the employment contract. According to Seaquist, contract law is governed by the common law or the Uniform Commercial Code (UCC) (Seaquist, 2012). If the contract handles the sales of goods, it is governed by the UCC (Seaquist, 2012). If the contract handles anything besides the sale of goods (such as real estate, insurance, personal services like employment, etc.) then it is governed by the common law (Seaquist, 2012). When a business or employer hires an employee to join the staff, ... Get more on HelpWriting.net ...
  • 41. Strategic It Changes, Predicted Benefits, And Opportunity... 6.HBL Strategic IT Changes, Predicted Benefits, and Opportunity Cost: Strategic HR ideas are difficult to implement as the HBL's HR system is outdated when compared to the relatively newly established banks within the country. HBL engaged IBM's consultants to provide them a new system. This system was capable of functionalities including: An employee can see his/her basic data which includes basic profile, previous performance review, annual leave, payroll, academic and professional qualifications, vocational training and archived of achievements on various projects employees have worked during the number of years. The objective to implement such ERP system was to develop a skills data bank within HR department that can make it self–sufficient for future work related resource allocations and could direct the leaders into the right way to utilize the workforce as per their specialist skills. As per top management predictions, once implemented the system could generate quantifiable synergies and a resultant competitive advantage over rivals. The software could also be used for budgetary controls over recruitment costs and help to identify the short–term and long–term employee training needs without any policy constraints HBL currently have due to its bureaucratic culture. This way the bank could have developed the swift response to its future workforce needs and help strengthen the long–term business sustainability in–line with its corporate objectives. Extraction and ... Get more on HelpWriting.net ...
  • 42. Err Task B Essay Task B – Your work role Bi) Describe the terms and conditions of your employment as set out in your contract of employment or employment arrangement. The terms and conditions of my own contract of employment, and the terms that my manager and I agreed on are written on my contract. These terms and conditions include that I must be honest in all areas of my work, follow the dress code, obey rules and get along with others. In my contract it states that I must be honest, and this includes being honest about any activity that has happened and any information I get told by another parent, carer or colleague. I must also follow the dress code and this is so that I look smart and all the staff looks the same and make a good representation of... Show more content on Helpwriting.net ... If I did not agree with the comments made by the manager, I could write a letter to appeal against them and then I would have to send this letter to my area manager, head office or HR. Bvi) Explain how your role contributes to the overall delivery of the service provided. As a trainee nursery assistant, my role is to help to monitor the wellbeing of children, make sure they have appropriate play equipment, aware of the health and safety policy within work. Some things I wouldn't be involved in as aspects such as finances, building upkeep and waiting lists. In my role, I am required to do regular observations of the child to help track their development progression, I am also required to take part in parent's evenings to talk and explain to the parents how their children are getting on and progressing. I am also required to play a big part in caring for the children in ways that are educational as well as being fun for them. I also take a part in making sure they get physical exercise and meet their nutritional needs. Bvii) Explain how you could influence the quality of the service provided. By following good practise I proved appropriate care, and I fi didn't individuals would suffer. Communication is very important when working with young children as they need to be able to understand simple instructions and want to be able to listen and communicate back to you. Communication does not involve just speaking but also listening, ... Get more on HelpWriting.net ...
  • 43. Understand Employment Responsibilities and Rights in... Understand employment responsibilities and rights in health, social care or children's and young people's settings Assignment composition Assignment overview In this assessment you will explore aspects of employment law, your role and responsibilities in respect of employment practices and present an issue of public concern that has occurred within either the health, social care or children's and young people's sector. Additionally, you will create a career plan which reflects on your continuing professional development and related learning and possible future qualification opportunities. Tasks There are four tasks to this assignment. A Short answer questions B Your work role C Career pathway D Presentation or report This is a... Show more content on Helpwriting.net ... a) b) Identify two different representative bodies which influence your area of work. Describe the role of the two representative bodies you have identified. Understand employment responsibilities and rights in health, social care or children's and young people's settings Task C Career Pathway Create a career pathway plan for yourself, indicating what opportunities are open to you as you progress in your chosen career. Indicate what you will need to learn or any qualifications you might need to gain in order to achieve your goals. Identify sources of information to help you achieve your goals. Understand employment responsibilities and rights in health, social care or children's and young people's settings Task D Presentation or report Prepare a presentation or report on an issue or area of public concern related to the care profession. Your presentation or report should include: A description of the issue or area of public concern raised An outline of the different points of view regarding the issue or area of public concern raised A description of how the issue or area of public concern has affected service provision and methods of working A description of how public opinion is affected by issues and areas of concern in either the health, social care or children's and young people's sectors Understand employment responsibilities and rights in health, social care or children's and young people's settings Understand employment ... Get more on HelpWriting.net ...
  • 44. Employee Orientation Form I-9 Every organization is enforced to complete and retain Employment Eligibility Verification for every employee they hire in the United States, with the exception of four important factors. The first is if the organization hired an employee on or before November 6, 1986 and still employs that person. In that case, the organization is not required to complete the Form I–9 for that employee. This is due to the fact the Form I–9 initially appeared on November 6, 1986. The second exception concerning who is not required to complete the Form I–9 are workers hired for casual domestic services in private homes on an irregular basis. Casual domestic services refers to individuals such as babysitters, handyman, or cleaning person. The third exception to ... Get more on HelpWriting.net ...
  • 45. NVQ ERR WORKBOOK Business Skills Apprenticeship Frameworks: Business & Administration Contact Centre Customer Service Marketing & Communication Sales & Telesales Team Leading & Management Induction (ERR) Workbook December 2010 CfA 6 Graphite Square Vauxhall Walk London SE11 5EE info@cfa.uk.com Tel: 020 7091 9620 Fax: 020 7091 7340 www.cfa.uk.com CONTENTS Welcome and IntroductionPAGE How to use this Workbook4 1Statutory Rights and Responsibilities1.1 Contracts of Employment1.2 Anti–Discrimination1.3 Age Discrimination 1.4 Disability Discrimination1.5 Working Hours, Rest Breaks and Holiday Entitlements1.6 Maternity/Paternity, Parental and Adoption Leave1.7... Show more content on Helpwriting.net ... OVER TO YOU You will find a few questions designed to check that you know and understand aspects of ERR. You do not need to complete the Workbook straight away, nor do you have to work through it in any particular order. You should talk to people such as your line manager, training provider or mentor (if you have one) for information, help and advice on some of the sections. You will also need to do some research using your staff manual and (if available) on the Internet. ©2010 CfAPAGE 4 1.Statutory Rights and Responsibilities All Learners need to know that employers and employees have a range of statutory responsibilities and rights under Employment Law and that employment can be affected by other legislation as well. 1.1Contracts of Employment1 WHAT YOU SHOULD KNOW How an employer and employee (you) are governed by the terms and conditions contained within a contract of employment (this may not be in writing). Employment contracts are legally binding on both the employer and employee and serve to protect each other's rights and responsibilities. The terms (legal parts) of the contract can be in a variety of forms, including: o ... Get more on HelpWriting.net ...
  • 46. 1. Discuss The Major Changes That Have Occurred In The 1. DISCUSS THE MAJOR CHANGES THAT HAVE OCCURRED IN THE LAST 30 YEARS AND EXPLAIN HOW THIS HAS "CREATED" THE NEED FOR CREWING AGENCIES. The maritime transport industry has gone through tremendous changes in the last fifty years. New technologies have been introduced to improve operational and management efficiencies while globalization has given rise to a competitive business environment in the face of 4 th IAMU General Assembly growing demands for maritime transport. The contemporary maritime industry, in spite of a clear trend of consolidation and co–operation among firms, remain highly competitive. Customer service has become a matter of pervasive focus for firms in the industry while specialization, with respect to service and ... Show more content on Helpwriting.net ... Therefore for ship owners to survive in this era of declining trend in freight rate and the strict requirements of international conventions on safety, attention must be turned towards developing countries for cheap but qualified and experienced seafarers by assisting in the provisions of training facilities and equipments to meet the STCW 95 standard requirement for manpower capacity development to meet the international maritime labor demand. crewing agencies help shipping companies to meet the global demand of qualified skilled manpower supply according to the international standards enforced by maritime organizations and flag state control of different countries. The important function of crewing agents are out lined below: Provide seafarers orientation on recruitment policies and procedures, terms and conditions of employment and other relevant information. Ensure that any seafarer recruited or deployed by them is qualified and holds the documents necessary for the job concerned ,Ensure that contracts of employment are in accordance with any applicable laws, regulations and collective bargaining agreements., Ensure that seafarers are informed of their rights and duties under their contracts of employment and the articles of agreement prior to or in the process of engagement, Ensure that proper arrangements are made for seafarers to examine their contracts of employment and articles of agreement before and ... Get more on HelpWriting.net ...