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Notice Period
A notice period or "period of notice" within a contract may by defined within the contract itself, or subject to a condition of reasonableness. In an employment contract, a notice period is a period of time between the receipt of the letter of dismissal and the end of the last working day. This time period has to be given to an employee by their employer before their employment ends. The term also refers to the period between a termination date or resignation date and the last working day in the company when an employee leaves or when a contract ends. The duration of a reasonable notice period depends on the particular facts of a particular case. Notice periods in employment law Statutory redundancy notice periods in the UK In the United Kingdom, the statutory redundancy notice periods are: *at least one week's notice if employed between one month and two years *one week's notice for each year if employed between two and twelve years *twelve weeks' notice if employed for twelve ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Reasonableness
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any ''common set of facts,'' is decided through reasoning of good practice or policy—or "learned" permitting there is a compelling consensus of public opinion—by high courts. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person is seen to represent a composite of a relevant community's judgement as to how a typical member of said community should behave in situations that might pose a threat of harm (through action or inaction) to the public. However, cases resulting in judgment notwithstanding verdict can ...
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Employment Contract
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ...
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Termination Of Employment
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part, or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually thought to be the employee's fault, whereas a layoff is generally done for business reasons (for instance, a business slowdown or an economic downturn) outside the employee's performance. Firing carries a stigma in many cultures and may hinder the jobseeker's chances of finding new employment, particularly if they have been terminated from a previous job. Jobseekers sometimes do not mention jobs from which they were fired on their resumes; accordingly, unexplained gaps in employment, and refusal or failure to contact previous employers are often regarded as "red flags". Dismissal Dismissal is when the employer chooses to require the employee to leave, us ...
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Employee
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endeavor ...
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Employer
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endeavo ...
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Redundancy In United Kingdom Law
Redundancy in United Kingdom law concerns the rights of employees if they are dismissed for economic reasons in UK labour law. Definition of redundancy Section 139 of the Employment Rights Act 1996 defines the two situations in which a redundancy may occur: (a) the fact that his employer has ceased or intends to cease— :(i) to carry on the business for the purposes of which the employee was employed by him, or :(ii) to carry on that business in the place where the employee was so employed, or (b) the fact that the requirements of that business— :(i) for employees to carry out work of a particular kind, or :(ii) for employees to carry out work of a particular kind in the place where the employee was employed by the employer, have ceased or diminished or are expected to cease or diminish. Diminishing of work While the first case envisages situations where an employer simply closes his business, the second scenario has caused trouble in its interpretation. *'' Safeway S ...
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Law Of Poland
The Polish law or legal system in Poland has been developing since the first centuries of Polish history, over 1,000 years ago. The public and private laws of Poland are codified. The supreme law in Poland is the Constitution of Poland. Poland is a civil law legal jurisdiction and has a civil code, the ''Civil Code'' of Poland. The Polish parliament creates legislation (law) and is made up of the 'Senate' (upper house) and the Sejm (lower house). Legal areas Polish public and private laws are divided into various areas, including, for example: * civil law (''prawo cywilne''), much of which is contained in the '' Polish Civil Code'' *commercial law (''prawo handlowe'') notably the '' Polish Code of Commercial Partnerships and Companies'' *copyright law (''prawo autorskie''), see copyright law in Poland for details *administrative law (''prawo administracyjne'') *constitutional law (''prawo konstytucyjne'') *private international law (''prawo prywatne międzynarodowe'') *tax ...
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At-will Employment
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's gender, orientation, pregnancy, race, religion, or sexuality). When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power. At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during the late 19th century, and was endorsed by the U.S. Supreme Court during the ''Lochner'' era, when members of the U.S. ju ...
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White Collar Worker
A white-collar worker is a person who performs professional, desk, managerial, or administrative work. White-collar work may be performed in an office or other administrative setting. White-collar workers include job paths related to government, consulting, academia, accountancy, business and executive management, customer support, design, engineering, market research, finance, human resources, operations research, marketing, public relations, information technology, networking, law, healthcare, architecture, and research and development. Other types of work are those of a grey-collar worker, who has more specialized knowledge than those of a blue-collar worker, whose job requires manual labor. Etymology The term refers to the white dress shirts of male office workers common through most of the nineteenth and twentieth centuries in Western countries, as opposed to the blue overalls worn by many manual laborers. The term "white collar" is credited to Upton Sinclair, an ...
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Danish Law On Salaried Employees
The Law on Salaried Employees ( da, Funktionærloven), properly ''Lov om retsforholdet mellem arbejdsgivere og funktionærer'' (law on the legal relationship between employers and salaried employees), is a Danish law which gives salaried employees certain rights with regard to termination, vacation, illness, non-solicitation and non-competition clauses, etc. The first version of the law was adopted in 1938; it was last revised in 2013. The Act is not a general employment law, because it applies only to certain occupational groups—those defined under Danish law as salaried. The core group consists of employees engaged in clerical work, trade (for example, shop assistants), inventory processing, technical or clinical work (for example, engineers, nurses and doctors), management, etc. However, executives who are not subject to supervision, for example, CEOs, are not covered by the law. In principle, the Act is not applicable to employees engaged in craft or factory work, agr ...
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Law Of Switzerland
Swiss law is a set of rules which constitutes the law in Switzerland. Structure and Sources There is a hierarchy of political levels which reflects the legal and constitutional character of Switzerland. The Federal law (german: Bundesrecht, french: Droit fédéral, it, Diritto federale) consist of the following parts: * International law, * Internal law, According to the current Federal Constitution (SR 101 Art. 1, 3) and the principle of subsidiarity (Switzerland) (SR 101 Art. 5a) and the ''Title 3 Confederation, Cantons and Communes'' (SR 101), the Cantons of Switzerland "''are sovereign except to the extent that their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confederation''" and "''the principle of subsidiarity must be observed in the allocation and performance of state tasks''". The Internal law (german: Landesrecht, french: Droit interne, it, Diritto interno, rm, Dretg naziunal) consists of the following ...
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