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Fixed-term Work Directive
The Fixed-term Work Directive''99/70/ECis one of three EU Directives that regulate atypical work. Alongside the Part-time Work Directive and the Agency Work Directive its aim is to ensure that people who have not contracted for permanent jobs are nevertheless guaranteed a minimum level of equal treatment compared to full-time permanent staff. Fixed-term work contracts purport to be of limited duration, but staff with such contracts can claim that they are permanent after a maximum of four years. Member states in the European union can, and usually do, go beyond the minimum. Content Article 1 of the Directive states its purpose to enforce the framework agreement between the ETUC, the UNICE and the CEEP. This gives rise to the various provisions on fixed-term worker rights in the Directive. *clause 3(1) states that a fixed term worker is ‘a person having an employment contract or relationship entered into directly between an employer and a worker where the end of the employment rela ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Directives
A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before their laws are ruling on individuals residing in their countries. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. Justification There are justifications for using a directive rather than a r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Part-time Work Directive
Part-time Work Directive''97/81/ECis one of three EU Directives that regulate atypical work. Alongside the Fixed-term Work Directive and the Agency Work Directive, its aim is to ensure that people who have not contracted for permanent jobs are nevertheless guaranteed a minimum level of equal treatment compared to full-time permanent staff. Content Article 1 of the Directive states its purpose to enforce the framework agreement between the ETUC, the UNICE and the CEEP. This gives rise to the various provisions on fixed-term worker rights in the Directive. *clause 2(2) says member states can exclude for objective reasons some categories of casual workers, after consulting social partners. *clause 3(2) ‘The term ‘comparable full-time worker’ means a full-time worker in the same establishment having the same type of employment contract or relationship, who is engaged in the same or a similar work/occupation, due regard being given to other considerations which may include seniorit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency Work Directive
The Temporary Agency Work Directive''2008/104/ECis an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. It is the third piece of legislation in the European Union's employment law package to protect atypical working (the others being for part-time workers and fixed-term workers). Though it was proposed in 2002, the British, German, Danish and Irish governments blocked its enactment until 2008. Provisions The Directive on temporary agency work includes two main principles, which are at the same time at the centre of a balanced approach to regulation on temporary agency work: Article 4 sets clear limits to prohibitions and restrictions that may be imposed on the use of temporary agency work. These are only justified on grounds related to the protection of temporary agency workers, to ensure that the labour market functions properly and that abuse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mangold V Helm
''Mangold v Helm'' (2005C-144/04was a case before the European Court of Justice (ECJ) about age discrimination in employment.E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 15, 657 Facts Mangold was a 56-year-old German man employed on a fixed term contract in a permanent full-time job. The German government introduced the so-called Employment Promotion Act 1996 (german: Beschäftigungsförderungsgesetz) which allowed fixed term contracts for a two-year maximum, and otherwise were unlawful unless they could be objectively justified. But even this protection was removed (apparently to "promote employment") if the employee was over 60. Further amendments then changed the age to 52. Mr Mangold claimed that the lack of protection, over age 52, was unjustified age discrimination. Judgment The ECJ held in its judgment the German law contravened the Employment Equality Framework Directive, even though it did not have to be implemented until the end of 2006. It said that, in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Del Cerro Alonso V Osakidetza-Servicio Vasco De Salud
Del, or nabla, is an operator used in mathematics (particularly in vector calculus) as a vector differential operator, usually represented by the nabla symbol ∇. When applied to a function defined on a one-dimensional domain, it denotes the standard derivative of the function as defined in calculus. When applied to a ''field'' (a function defined on a multi-dimensional domain), it may denote any one of three operators depending on the way it is applied: the gradient or (locally) steepest slope of a scalar field (or sometimes of a vector field, as in the Navier–Stokes equations); the divergence of a vector field; or the curl (rotation) of a vector field. Strictly speaking, del is not a specific operator, but rather a convenient mathematical notation for those three operators that makes many equations easier to write and remember. The del symbol (or nabla) can be interpreted as a vector of partial derivative operators; and its three possible meanings—gradient, dive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ERA 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ford V Warwickshire CC
''Ford v Warwickshire CC'' 9832 AC 71 is a UK labour law case, concerning unfair dismissal, governed by the Employment Rights Act 1996. Facts Mrs Ford worked from September to July on successive fixed term contracts for 8 academic years as a part-time lecturer at the Warwickshire College of Further Education until September 1979. Then she was told her contracts would not be renewed. Given the summer breaks, the question was whether her summer holiday breaks counted as merely temporary cessations of work. She sought to claim her dismissal was unfair, but was told that her year long fixed term contract was not enough to meet the necessary qualifying period. Judgment The House of Lords unanimously held that Mrs Ford was continuously employed, and the summer breaks were merely temporary cessations of an ongoing contract, despite being drafted as fixed terms. Lord Diplock held that there was enough continuity of employment to establish the qualifying period. ‘One looks to see what w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Labour Law
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (disam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
