...Executive Summary This report is focused on the article “Employment Terms in Bangladesh”. In this article many terms of ELSOA (Employment Of Labor Standing Orders Act, 1965) were described. The focus was in employment contracts and termination. In this article different legislation of employment were discussed describing where it has to be implemented and how. We tried our utmost effort to understand and analyze those issues. We tried to figure out utility of ELSOA in different organizations of Bangladesh. We have also discussed human resource trends in this country. We tried to understand how employment terms works in different private organization. Employment termination rules and procedure, employee rights was also discussed. We also emphasized on implementing ELSOA in different organizations. We tried our utmost level to understand the facts and causes regarding this law. HRM Background of Bangladesh Since British colonization in this region personnel recruitment and other managerial work was done in typical bureaucratic way. Bangladesh is very young in HR practices. Human Resource Management Practice in Bangladesh is relatively new phenomena. Since liberation war and before that many international organizations had their business and organizational activities here. These organizations introduced personnel management or Human Resource Management in this country. Though back 90th people knew about HRM in this country they did not implemented in their organizations...
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...employee is not regular (prevent lopsided agreements and manipulations to keep employee on casual status) A. Standards 1. Activities Performed Are Necessary or Desirable In Usual Business of Employer * connection may be made by considering nature of work to be performed and its relation to the scheme of the business in its entirety * De Leon vs NLRC and La Tondena FACTS * Moises de Leon was employed by La Toneda in Dec 11, 1981 * Worked painting building, equipment, other maintenance jobs, cleaning and operating company equipment, assisting Emiliano (reg maintenance man) * Paid daily through petty cash vouchers * Jan 1983: requested to be included in payroll of regular workers, instead of petty cash vouchers * Terminated Moises = filed complaint for illegal dismissal, reinstatement, and payment of backwages * Weeks after dismissal he was rehired indirectly for same job in Vitas-Magsaysay Village Livelihood Council, labor agency of La Tondena * La Tondena claimed that he was only casual, hired to paint a certain building in company premises, and his work was terminated upon its completion DECISION * La Tondena is engaged in business of manufacturing and distilling wines and liquors * Claimed that Moises was contracted casually to paint a certain building and terminated upon its completion * May have been true, but during employment, he also cleaned oiling machines, operated drilling machine, and other...
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...------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Employment-At-Will ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Kimberlyn M Rice ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Law, Ethic, and Corporate Governance LEG 500 ------------------------------------------------- Dr. William Stone ------------------------------------------------- 8 August 2015 Employment-At-Will Doctrine One such concept that is slowly creeping into the mainstream consciousness is the At-Will Employment Doctrine. Unfortunately, unlike some of the other legal concepts that make this transition, much of what people know about the At-Will Employment Doctrine is learned secondhand from unreliable sources...
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...Iyer, JJ. Acts : Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947 - Sections 10A, 11 and 11A Appeal No. : Civil Appeal Nos. 1212, 2089 and 2237 of 1978 Appellant : Gujarat Steel Tubes Ltd. and Ors. Respondent : Gujarat Steel Tubes Mazdoor Sabha and Ors. Advocate for Pet/Ap. : V.M. Tarkunde and; Y.S. Chitale, Advs Excerpt : [A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ.] The appellant manufactures steel tubes in the outskirts of Ahmedabad city. It started its business in 1960, went into production since 1964 and waggled from infancy to adulthood with smiling profits and growling workers, punctuated by smouldering demands, strikes and settlement until there brewed a confrontation culminating in a head-on collision following upon certain unhappy happenings. A total strike ensued whose chain reaction was a whole-sale termination of all employees followed by fresh recruitment of workmen defacto breakdown of the strike and dispute over restoration of the removed workmen. As per the last settlement between the management and the workmen of 4th August, 1972, it was not open to the workmen to resort to a strike till the expiry of a period of five years; nor could the management declare a lock out till then. Any dispute arising between the parties, according to the terms arrived at were to be sorted out through negotiation or, failing that by recourse to arbitration. The matter was therefore, referred to an arbitrator and the arbitrator by his award...
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...Assignment 1: Employment-At-Will Doctrine LEG500 – Law, Ethics, and Corporate Governance Employment-At-Will Employment at will was installed in United States labor law during the Industrial Revolution in the late 1800’s. Initially without modifications, employment at will meant that a worker who labored for an unspecified time labored at the wishes of the owner. However, lacking a clause in an agreement, either participant may possibly end the employment without a motive. At first sight, employment at will seemed to be an impartial policy that gave the owner and the worker a way out of an unwanted working relationship. Nevertheless, the policy actually worked to the advantage of the owner, the person who typically has the upper hand in the relationship (Zachary, 2012, p. 21). This does not insinuate that managers can randomly terminate workers with no good faith consultation, equality, and unbiased procedures. Managers have to express an honest attempt to rectify the worker’s performance or the additional problems that led to firing the employer. “Because we have at will employment” it shall not be exercised as grounds to terminate a worker (Heathfield, n.d.). As the manager, I must analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action in regards to the following scenarios: 1. John posted a rant on his Facebook page in which he criticized the company’s most important customer. John can legally...
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...disputes PETITIONER: ANAND BIHARI AND ORS. Vs. RESPONDENT: RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR THROUGH IT DATE OF JUDGMENT: 20/12/1990 BENCH: SAWANT, P.B. AGRAWAL, S.C. (J) CITATION: 1991 AIR 1003 1990 SCR Supl. (3) 622 1991 SCC (1) 731 JT 1990 (4) 794 1990 SCALE (2)1286 Summary - Corporation--Drivers--Occupational hazards Development of defective, weak or sub-normal eye-sight in the course of employment--Pre-mature termination of services--Held termination was not retrenchment and consequent compliance with section 25-F not necessary--But termination held unjustified and inequitable--Scheme formulated by the Supreme Court. For relief to drivers--Directions for giving retirement benefits, providing alternative jobs and payment of compensatory amount proportionate to length of service rendered by the drivers. Matter/facts - The termination of services of helper (in C.A.No. 1862) was unjustified and also illegal being in contravention of the provisions of Section 25-F of the Act. The High Court erred in treating his case on par with cases of other drivers. The appellant-workman will, therefore, be entitled to his retirement benefits as a driver from the date of his employment as a helper. He would further be entitled to be reinstated in service as a helper with all arrears of back wages as a helper. In case he opts for receiving the compensatory amount under the scheme framed by this Court, he may do...
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...Employment Termination What Every Manager Should Know Introduction Termination is one of the most difficult tasks a manager will have to perform. A manager needs to have a good understand of everything that is involved in an employee exiting the company. This paper is designed to do just that by giving a broad overview of the topic and highlighting the most important parts. By reading this paper a manager should be much more prepared and less likely to commit a mistake during the termination of an employee. The manager should also be able to make the termination a smoother transition and therefore an easier task to complete. Definitions Definitions of some of the important terms are given to give a manager a better understanding of some of the main ideas involved in employment termination. There are basic ideas that go along with each definition to give a better idea of why the term is important to the topic. Termination from Employment Termination from employment occurs when an employee’s job ends. Termination can be voluntary or involuntary. Voluntary Termination Voluntary termination is when an employee voluntarily ends his or her employment at an organization. This would include resignation or retirement. Another common reason for voluntary termination is a new or better job, typically one that offers higher remuneration or improved career prospects [ (Heathfield, Termination) ]. Involuntary Termination Employment can also be involuntary, meaning that the employee...
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...waived and released “any claims, suits, or causes of action” against the defendant. The employee refused to sign because he was unwilling to waive his rights to state unemployment benefits or workers' compensation. Under state statute, agreements to waive such rights are invalid. The employee is discharged. [Edelberg v. Leco Corp., 236 Mich. App. 177 (1999).] * b. A nurse is asked by her employer to sign a backdated Medicare form. She refuses and is terminated that day. As a healthcare provider, she is required to complete that particular form. [Callantine v. Staff Builders, Inc., 271 F.3d 1124 (8th Cir. 2001).] Exceptions to the Doctrine of Employment-at-Will States vary in terms of their recognition of the following exceptions to the doctrine of employment-at-will. Some states recognize one or more exceptions while others might recognize none at all. In addition, the definition of these exceptions also may vary from state to state. * • Bad faith, malicious, or retaliatory termination in violation of public policy. * • Termination in breach of the implied covenant of good faith and fair dealing. * • Termination in breach of some other implied contract term, such as those that might be created by employee handbook provisions (in certain jurisdictions). * • Termination in violation of the doctrine of promissory estoppel (where the employee reasonably relied on an employer's promise, to the employee's detriment). * • Other exceptions...
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...“separate is not equal”. Employers are prohibited from retaliation against those who exercise this right. Equal Employment Opportunity Act Prohibits discrimination on the basis of race, color, religion, sex, or national origin. Civil Rights Act of 1964 Everyone has an equal chance to get hired Employers are prohibited from retaliation against those who exercise this right Equal Pay Act This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. Schultz v. Wheaton Glass Co. (1970) Both men and women are paid the same for the same work. Women get the same pay as men for the same work, also the same chances for raises/promotions. Age Discrimination in Employment Act of 1967 This law protects people 40 or older from discrimination because of age. Western Air Lines v. Criswell The Recognition that the elderly are still productive. The elderly will not be excluded or removed because of age; the decision will be based on work performance. Americans with Disabilities Act of 1990 This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. Bragson v. Abbott, 524 United States, 624 (1998) Disabilities do not equal incapability of working. No with visible or unseen disabilities will be excluded from work. Civil Rights Act...
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...Republic of the Philippines SOUTHERN LEYTE STATE UNIVERSITY Sogod, Southern Leyte Philippines LABOR AND MANAGEMENT DISPUTES AT SAN MIGUEL CORPORATION: ITS RESOLUTIONS AND THE IMPLICATION IN THE BUSINESS OPERATION A Final Paper presented to The Faculty of the Graduate Studies Southern Leyte State University In partial fulfilment of the course MM 505 : Management and the Law Summer 2015 RIZA MAE B. FORTUNA Master in Management Student TABLE OF CONTENT Cover Page Page 1 Table of Content Page 2 I. Introduction Page 3 A. Objectives B. Company Profile, Mission & Vision Page 4 II. Antecedent facts of the case Page 6 III. Resolutions, Findings and Decision of the Labor - Page 7 Management Problem IV. Recommendation and Observation Page 8 V. Appendices Page 9 Whole Case citation Page 9 Nature of the Company Page 16 References Page 17 I. NAME OF COMPANY AND ITS PROFILE INTRODUCTION Corporation is defined as the most common business organization which is formed by a group of people. It has rights and liabilities separate from those of the individuals involved. It may be a non-profit organization engaged in activities for the public good; a municipal corporation, such as a...
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...NewCorp Scenarios Legal Brief LAW 531 April 16, 2012 NewCorp Scenarios Legal Brief Question 1: What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Answer: State of Vermont is an “at-will” employment state. The definition of “at-will” means the employer or employee can terminate the contract at any time without liability to other party. This gives NewCorp the right to fire, hire, or terminate for any or no reason as long as it is not illegal. When the employer terminates the contract it is a revocation of authority and when the employee terminates the contract it is renunciation of authority. NewCorp used revocation of authority to discharge Pat and did not violate any rights. Pat acknowledged that the contract he signed clearly said that NewCorp observed employment at will with respect to discharge. Written employment agreements are always enforceable in the court of law (Cheeseman, H. (2010). On the other hand when Pat signed and accepted employment he received the NewCorp personnel manual. In the manual he found that NewCorp has the policy or process in place for dealing with unsatisfactory employees. This gives Pat an implied impression that NewCorp “at-will” policy is limited. If Pat gets legal help and shows that he relied on the provision of the manual in continuing his employment with company or that the law of promissory estoppel applies, Pat could...
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...Ready Aim Fire: At-Will Employment Jennifer Shanley Bus 311 The at-will employment doctrine “employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice. (Rogers, S. 2012) was put into place to protect both the employee and the employer. By making the employment at-will both the employer and employee can void the contract at any time without repercussions. The "Employment At Will" Doctrine was created in the US in the late 1800's. This Doctrine was favored by employers since it gave them extreme freedom to run their business as they saw fit and protected them by the courts at the same time. As with most things that have too much freedom, abuses occurred that eventually gave rise to employee’s up-rising by joining unions. Due to this and the Civil Rights laws implemented in the 1960's, companies started documenting their policies regarding how, why, and when an employee could be terminated. The courts then held companies accountable for following their employee manuals which in recent times have made companies scrutinize their manuals very closely and frequently” (Butsch, R., & Kleiner, B. H. 1997) Many people assume that with the at-will doctrine being put into place would stop employers from taking advantage and still fire people at any time, whenever they felt like it leaving that employee floundering with unexpected loss of income. That assumption is only half right; the At-will...
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...Ready Aim Fire: At-Will Employment Name BUS 311 Date Instructor The at-will employment doctrine “employment at-will means that employers are able to terminate ones employment at any time, for any cause - with or without notice. (Rogers, S. 2012) was put into place to protect both the employee and the employer. By making the employment at-will both the employer and employee can void the contract at any time without repercussions. The "Employment At Will" Doctrine was created in the US in the late 1800's. This Doctrine was favored by employers since it gave them extreme freedom to run their business as they saw fit and protected them by the courts at the same time. As with most things that have too much freedom, abuses occurred that eventually gave rise to employee’s up-rising by joining unions. Due to this and the Civil Rights laws implemented in the 1960's, companies started documenting their policies regarding how, why, and when an employee could be terminated. The courts then held companies accountable for following their employee manuals which in recent times have made companies scrutinize their manuals very closely and frequently” (Butsch, R., & Kleiner, B. H. 1997) Many people assume that with the at-will doctrine being put into place would stop employers from taking advantage and still fire people at any time, whenever they felt like it leaving that employee floundering with unexpected loss of income. That assumption is only half right; the At-will doctrine...
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...[G.R. No. 183383 : April 05, 2010] ANABEL BENJAMIN AND RENATO CONSOLACION, PETITIONERS, VS. AMELLAR CORPORATION, RESPONDENT. D E C I S I O N Amellar Corporation (respondent) provides information technology services to local government units (LGUs) including computerizing their system and operations. In October 1999, respondent hired petitioner Anabel Benjamin (Anabel) who, since March 26, 2001, was the Project Data Controller of its Content Build Up (CBU) Department. The CBU Department of respondent collates and cleanses all the paper data gathered from the LGU-client which are then encoded and fed into the designed operating system. As the most senior member of the department, Anabel was its officer-in-charge. From 2002 to 2003, she administered the CBU functions of respondent's projects in Imus, Cavite and Mabini, Batangas.[1] Petitioner Renato Consolacion (Consolacion), a supervising data controller in respondent's Imus project, directly reported to Anabel.[2] By letter of March 20, 2003, the municipal assessor of Mabini, Batangas informed the manager of respondent that its real property tax administration database was not "100% complete," contrary to the report of respondent's supervising data controller Evangeline Repiano (Evangeline).[3] Melvin Tandoc (Tandoc), respondent's Technology Manager, thus sent Anabel a memorandum of March 27, 2003 reading: This is the first written complaint of such nature that we have received from our client. However...
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...resume and check if she actually was qualified for the job, compare Jennifer’s resume to other coworkers that may hold similar positions, and then look at the interview questions and how she performed. I would want to know if Jennifer was asked about using technology and if she seemed comfortable using computers at school in completing her course work. From the initial problem description, something does appear to be wrong. The computer applications that are needed to perform Jennifer’s job are stated to be basic and Jennifer seems to have had the proper training. A few months of training and support would seem to be adequate for someone to become productive and efficient in completing required tasks. Jennifer has stated that she is a good worker and a genius. I would find out about her training and if it actually enabled her learn what is required at work, I would find out if the training was relevant to what she was doing. The next step would be to review all of this data and meet Jennifer and her supervisor to...
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