...in recent years. It was the product of a series of lengthy consultations that took place between the state and social, domestic as well as foreign actors affected by it. Many entrepreneurs see the new law as a threat to their businesses in China. Chinese new Labor Contract Law is the most significant reform to the law of employment relations in more than a decade. Its final form emerged following highly contentious debates over the terms of earlier drafts- debates involving not only a range of Chinese actors, but also international business lobbyists and labor organizations. The Law was enacted represents a compromise between the competing demands of these many interest groups. This article briefly surveys the reasons for the enactment of the Labor Contract Law, the polarized drafting process, and the key matters it addresses. The assessment presented is that the Law is, overall, a necessary and beneficial contribution to the regulation of work in China. 2. The Need For the Labor Contract Law Chinese foundational law regulating the labor market is the Labor Law of 1994.[1] The Labor Law established key norms intended to apply to employment relationships, covering matters such as labor contracts, minimum standards and dispute...
Words: 1972 - Pages: 8
...Consolidated Reader-Friendly Edition of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Treaty of Lisbon (2007) 2008 1 THE LISBON TREATY The Readable Version Editor: Jens-Peter Bonde © IND/DEM Group in the European Parliament email: jp@bonde.dk Cover: Henry Abela Publisher: Foundation for EU Democracy Printed at Notat Grafisk, Denmark - 2008 ISBN: 87-87692-72-4 EAN: 978-87-87692-72-4 2 Introduction The Treaty of Lisbon changed name from the "Reform Treaty" when it was amended and signed in Lisbon, Portugal, by the prime ministers and foreign ministers of the 27 EU Member States on 13 December 2007. The treaty retains most of the content of the proposed EU Constitution which was rejected in the French and Dutch referendums on 29 May and 1 June 2005, respectively. The Lisbon Treaty amends the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), which is renamed "Treaty on the Functioning of the European Union" (TFEU). Following the parliamentary ratification of the Lisbon Treaty by all Member States by the end of 2008, it is aimed to have the Treaty come into force on 1 January 2009. Whereas the EU Constitution was to be subjected to a referendum in ten Member States, only Ireland is holding a referendum on the Lisbon Treaty. This is a consolidated version of the Treaty of Lisbon, including all articles in the TEU and the TFEU as amended by the Treaty...
Words: 176192 - Pages: 705
...examined prior to negotiations occurring in the global business market. Each country have different laws addressing the treatment of employees in the workplace. Standards that may be unethical in the United States may prove to be an opportunity for laborers in other countries, making it more difficult to establish and build business relations. This paper will describe and analyze employment and labor laws in the domestic and international markets, and the impact those laws may have on the XYZ Construction Company. Employment and labor law initially arose out of the desire to protect the employee from unethical and immoral practices in the workplace and combat preferential and bias treatment towards specific groups of people. The establishment of the employment and labor laws was set in place to provide redemption and equality for employees. There are four categories dealing with employment law. Employment at will is a contract of employment for an indeterminate term, is terminable at will by either the employer or the employee; the traditional American rule governing employer–employee relations. One of the first laws to restrict the employer’s right to freely terminate employees was the National Labor Relations Act, which has reduced the number of...
Words: 1214 - Pages: 5
...Analysis of Employment Contract | Business Law | Student Number: XXXXX Dated: December 5, 2013. | Contents 1.ExecutiveSummary……………………………………………………………………………………………….……………………..……4 2.Introduction:………………………………………………………..…………………………………………………………………..……….5 Overview:………………………..………………………………………………….……………...5 Objective:……………...……………….…….………...……………….…………………………….6 Methodology:…………………………………..………….……………………….………………7 3. Description and Explanation of Contract Clauses:……………………..………………………..……………………..…..11 Definations:………………………………………………………....…………………………………………………………………......11 Section1: Superintendent, CEO and Secretary for the Board:…………………….……............................12 Section2: Term of Employment..………………………………………………….….............................................12 Section3: General terms and Conditions of Employment…..…………...……..………….……………….……..12 Section4:PowerandDuties(Responsibilities)…………………..…………………………..…...….………………...……13 Section5:Evaluation……………………………………………………………………..…..............................................18 Section6:Salary…..…………………………………………………………………….…………………………………………...…...19 Section7: Expenses/Allowances 21 Section8: Professional Schedule 23 Section9: Other Benefits 23 Section10: Professional Organizations/Activities...……………………………………………………………………….27 Section11: Waiver of Credential Status………………………………………………………………..……………………….27 Section12:...
Words: 11921 - Pages: 48
...Employment contract THIS EMPLOYMENT CONTRACT dated this 17th day of july, 2015. BETWEEN: Grandeur Global Pty Ltd 3/880 Canterbury Road, Boxhill South 3128 (the "Employer") OF THE FIRST PART AND James Sadler of _______ (the "Employee") OF THE SECOND PART BACKGROUND A:The employer is of the opinion that the Employee has the necessary qualifications, experience and abilities to assist and benefit the Employer in its business. B:The employer desires to employ the Employee and the Employee has agreed to accept and enter such employment upon the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledge, the parties to this Agreement agree as follow: Commencement Date and Term 1.The employee will commence permanent full-time employment with the Employer on the 17th day of july,2015(the "Commencement Date"). 2. The employee must successfully complete a probationary period of three(3) months (the "Probationary Period") beginning on the Commencement Date. At any time during the probationary Period, as and where permitted by law, the Employer will have the right to terminate employment without and notice of compensation to the Employee other than wages owed for hours of work already completed. Job Title and Description 3. The Employer agrees to employ the Employee as a Senior...
Words: 3574 - Pages: 15
...UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. USERRA also protects servicemembers from discrimination in the workplace based on their military service or affiliation. SUBCHAPTER I--GENERAL § 4301. Purposes; sense of Congress (a) The purposes of this chapter are-(1) to encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; (2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and (3) to prohibit discrimination against persons because of their service in the uniformed services. (b) It is the sense of Congress that the Federal Government should be a model employer in carrying out the provisions of this chapter. § 4302. Relation to other law and plans or agreements (a) Nothing in this chapter shall supersede, nullify or diminish any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that establishes...
Words: 10719 - Pages: 43
...Providing for inclusion Introduction This report will aim to discuss the inclusion for special educational needs (SEN) students as well as those students with autistic spectrum condition (ASC). This report will discuss inclusive education and its history, as well as the social, political and philosophical arguments that impact upon it. The report will look at how educational practice is shaped by legislative and regulatory frameworks; it will also show how our own practice provides support for all children to achieve within mainstream education. Autism Spectrum Condition Autism is associated with a range of differences and difficulties typically related to core skills in reciprocal social interaction, communication and imagination (Wing, L.1996). ASC is ‘a lifelong developmental disability that affects the way in which a person communicates and relates to people around them’ (Wall, 2010. p. 7). Inclusive education Internationally, educational authorities are beginning to embrace a philosophy of inclusion in order to address their moral and social obligations to educate all children (Hodkinson, Vickerman, 2009). Inclusive education is concerned with the education and accommodation of all children within the classroom, regardless of their physical, intellectual, social or linguistic developments. A primary document which identified the way forward in reaching education for all through ‘inclusive education’ was the Salamanca Statement in 1944. The philosophy of the Salamanca...
Words: 2207 - Pages: 9
...Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program This Rule document was issued by the Employment and Training Administration (ETA) Action Interim final rule; request for comments. Summary The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly...
Words: 14477 - Pages: 58
...LAW/575 Final Exam 1) Which of the following is true regarding state and federal court jurisdiction? A. In all cases, state courts have concurrent jurisdiction with the federal courts. B. Federal courts begin with exclusive jurisdiction until a state court intervenes. C. In all cases, state courts have exclusive jurisdiction unless the state's Supreme Court grants jurisdiction to a federal court in the state. D. In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts. 2) Which of the following is true regarding a sole proprietorship? A. A sole proprietor shares control of the management of the business. B. The sole proprietor keeps a portion of the profits from the business. C. Profits are not taxed as the personal income of the sole proprietor. D. A sole proprietor is personally liable for obligations of the business. 3) Which of the following is a type of ADR? A. Consultation B. Mediation C. Case argument D. Case analysis 4) Which of the following is an extension of negotiation? A. Arbitration B. Minitrials C. Neutral case evaluations D. Mediation 5) Without obtaining advance permission, Annie places an unflattering photograph of the president of the college that she attends on folders that she is selling outside of class for extra money. Which of the following is true? A. Annie has committed defamation of the college president in the form of slander. B. Annie...
Words: 2279 - Pages: 10
...Georgia 30334-1505 Designated as The Constitution of the State of Georgia CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS ARTICLE I. Bill of Rights ... ........................................................... 1 ARTICLE II. Voting and Elections ... ............................................ 8 ARTICLE III. Legislative Branch ... ............................................ 2 1 ARTICLE IV. Constitutional Boards and Commissions . 28 ARTICLE V. Executive Branch ... ................................................ 2 3 ARTICLE VI. Judicial Branch ... ................................................. 6 3 ARTICLE VII. Taxation and Finance ... ..................................... 5 4 ARTICLE VIII. Education ... .......................................................... 9 5 ARTICLE IX. Counties and Municipal Corporations ... ........ 6 . 6 ARTICLE X. Amendments to the Constitution ... .................... 1 8 ARTICLE XI. Miscellaneous Provisions ... ................................ 3 . 8 CERTIFICATE GEORGIA, FULTON COUNTY This is to certify that, pursuant to the provisions of Article XI, Section I, Paragraph V of the proposed new Constitution of the State of Georgia, the undersigned, who constitute the entire membership of the Commission created by said Paragraph, have performed the duties prescribed in said Paragraph and have incorporated the separate amendment referred to in said Paragraph into the Constitution which is attached...
Words: 42075 - Pages: 169
...1. Labour or Industrial Relations. The term labour relations, also known as industrial relations, refers to the system in which employers, workers and their representatives and, directly or indirectly, the government interact to set the ground rules for the governance of work relationships. It also describes a field of study dedicated to examining such relationships. The field is an outgrowth of the industrial revolution, whose excesses led to the emergence of trade unions to represent workers and to the development of collective labour relations. A labour or industrial relations system reflects the interaction between the main actors in it: the state, the employer (or employers or an employers’ association), trade unions and employees (who may participate or not in unions and other bodies affording workers’ representation). The phrases “labour relations” and “industrial relations” are also used in connection with various forms of workers’ participation; they can also encompass individual employment relationships between an employer and a worker under a written or implied contract of employment, although these are usually referred to as “employment relations”. There is considerable variation in the use of the terms, partly reflecting the evolving nature of the field over time and place. There is general agreement, however, that the field embraces collective bargaining, various forms of workers’ participation (such as works councils and joint health and safety committees) and mechanisms...
Words: 2478 - Pages: 10
...social security system, welfare assistance is guided by the principles of personalized support and discretional decision-making. Unlike the old-age and disability pension system - a pillar of the country's social security framework - which remains centrally administered, welfare assistance is almost entirely devolved to local government. Local authorities are wholly responsible for the provision and - to a lesser extent - financing of statutory welfare benefits and services. In addition, non-governmental organizations have taken on an increasing role in social service delivery over recent years, although this varies greatly by area. Regardless of local disparities in the availability of non-governmental service providers, authorities are obligated to cooperate with them. By contrast, the presence of profit-oriented companies in social service provision remains fairly marginal. Poland's current institutional regime, including its social-policy model (i.e. the organizational structure and instruments, the division of roles between the state, for-profit and non-profit sectors and the relationships between the state, society and the individual), has emerged over the past two decades amid the profound political, economic and social transformations triggered by the collapse of communism. It should be noted, however, that the directions of reform and institutional choices largely reflect past experience, sometimes dating as far back as the turn of the 20th century, thus adding up to...
Words: 4920 - Pages: 20
...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...
Words: 10282 - Pages: 42
...Different Perspectives Of Employment Relations For the employment relations, there is complicate and compelling area of study which involves relationships with employees, employers, trade unions and government on a regular basis. At the same time, there are three perspectives which are unitarism, pluralist and radical, each offers a special perception of workplace relations and explain the actions, statements and employers behaviours and trade unionists, such as workplace conflict, role of unions and job regulation vary differently. Based on the UK employment relations structure, the essay will analysis which perspectives appropriate for employee relations in the UK. Unitarist pespective The unitaty perspective is based upon the assumption that the organisation is, at the same time, the unitary perspective organisation can be as an integrated and harmonious whole with the ideal of "one happy family", where management and other members of the staff are all share a common purpose, emphasizing mutual cooperation(Naukrihub, 2007) and they have a set of common values, interests and objectives. Furthermore, unitarism has a paternalistic approach where it demands on all employees loyalty, being predominantly managerial in its emphasis and application. For unitary perspective, there are two important implications stemming from this. The first one is that conflict as the expression of employee dissatisfaction and differences with management is perceived as an irrational activity....
Words: 4404 - Pages: 18
...While the Constitution’s text and the various Supreme Court cases interpreting this text suggest that the federal government has the exclusive power to enact and enforce the nation’s immigration laws, state and local authorities still play an important role in regulation of immigration because they shape the conditions of daily life for immigrants in their jurisdictions. This piece of writing will in the best possible way, clearly explain who between Congress and Executive should be responsible for immigration laws and conclude that, Congress according to the U.S constitution, is and should be responsible for immigration laws using related law cases as example. Article I, Section 8, clause 4 of the Con¬stitution entrusts the federal legislative branch with the power to “establish an uniform Rule of Naturalization.” This clear textual command for uniformity establishes that the federal government, specifically Congress, is responsible for crafting the laws that determine...
Words: 3960 - Pages: 16
