Social Justification of the Termination of Employment PDF Download
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Author: Jacqueline Rausch
Publisher: GRIN Verlag
ISBN: 3656965773
Category : Law
Languages : en
Pages : 17
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Book Description
Seminar paper from the year 2014 in the subject Law - Civil / Private / Industrial / Labour, grade: 2,0, German Graduate School of Management and Law gGmbH, course: Corporate Governance and the Legals Aspects of Business, language: English, abstract: In Germany the relationship between employer and employee is characterised as a continuing obligation and therefore, besides a few exceptions, it needs an official termination of the working contract. This assignment deals with the one-sided termination of a working contract by the employer and in particular with the so-called "ordinary cancellation". One aspect of the ordinary cancellation of a working contract is the "German Protection against Dismissal Act" (KSchG). On the one side the KSchG has to ensure individual interests of the employer as well as the employee and on the other side to enhance the moral commitment on both sides. General prerequisites for the application of the KSchG can be found in section 2. The employment law provides three different scenarios of an ordinary termination. Firstly, the termination for reasons related to the person itself (see section 3), secondly the termination related to the conduct of a person (see section 4) and lastly the termination for urgent operational reasons (see section 5). Besides the general protection against dismissal the law also provides a special protection for a few groups of employees, which is described in section 6, covering also the extraordinary termination.
Author: Jacqueline Rausch
Publisher: GRIN Verlag
ISBN: 3656965773
Category : Law
Languages : en
Pages : 17
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Book Description
Seminar paper from the year 2014 in the subject Law - Civil / Private / Industrial / Labour, grade: 2,0, German Graduate School of Management and Law gGmbH, course: Corporate Governance and the Legals Aspects of Business, language: English, abstract: In Germany the relationship between employer and employee is characterised as a continuing obligation and therefore, besides a few exceptions, it needs an official termination of the working contract. This assignment deals with the one-sided termination of a working contract by the employer and in particular with the so-called "ordinary cancellation". One aspect of the ordinary cancellation of a working contract is the "German Protection against Dismissal Act" (KSchG). On the one side the KSchG has to ensure individual interests of the employer as well as the employee and on the other side to enhance the moral commitment on both sides. General prerequisites for the application of the KSchG can be found in section 2. The employment law provides three different scenarios of an ordinary termination. Firstly, the termination for reasons related to the person itself (see section 3), secondly the termination related to the conduct of a person (see section 4) and lastly the termination for urgent operational reasons (see section 5). Besides the general protection against dismissal the law also provides a special protection for a few groups of employees, which is described in section 6, covering also the extraordinary termination.
Author: Joydeep Hor
Publisher: CCH Australia Limited
ISBN: 1921485965
Category : Employees
Languages : en
Pages : 369
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Book Description
A best practice guide to terminating employment in light of the fair Work Act 2009. Terminating employment can be an emotional and legal minefield, for both the employer and the employee. This guide explains when and how an employer can justifiably terminate employment for a range of reasons, including poor performance and redundancy.
Author: International Labour Office
Publisher: International Labour Organization
ISBN: 9221108422
Category : Employees
Languages : en
Pages : 428
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Book Description
Topics covered include an overview of legislation on termination of employment, the different approaches taken to the subject in various national systems, an introductory summary of the legislation on termination.
Author: Siân Keall
Publisher: Sweet & Maxwell
ISBN: 1908239158
Category : Law
Languages : en
Pages : 445
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Book Description
The 3rd edition takes into account the extensive changes made by the Companies Act 2006. This is an indispensable text for law students, covering all the essential areas of company law in a clear and logical format.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 762
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Book Description
Of the host of legal issues facing global businesses, perhaps none is more significant than the issues regarding the individual employees who keep the business running on a daily basis. International Labor & Employment Law is a comprehensive book to help businesses understand the laws that govern labor & employment around the world and to create a successful workforce transcending traditional barriers. Authored by attorneys representing twenty-five jurisdictions on six continents, this book walks through the broad legal basics of each country's court system as well as the specific laws relating to hiring and firing, unions, employee benefits, and other important aspects of labor and human resources. The chapters in this book take readers beyond the laws that exist on paper and provide practical information on the current legal environment, relevant case law, and standard business practices. Whether the business requires sending employees overseas, acquiring an already-staffed company,
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287165329
Category : Business & Economics
Languages : en
Pages : 846
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Book Description
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 664
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Book Description
Author: Susan R. Mendelsohn
Publisher:
ISBN:
Category : Employees
Languages : en
Pages : 42
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Book Description
Author: Alba Conte
Publisher: Wolters Kluwer
ISBN: 0735597650
Category : Law
Languages : en
Pages : 6006
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Book Description
The law of sexual harassment is constantly evolving, and the number of sexual harassment claims is dramatically on the rise. Sexual Harassment in the Workplace, Fourth Edition, is a comprehensive guide that provides all the information you need to successfully litigate a sexual harassment claim. Sexual Harassment in the Workplace guides you through the relevant administrative and legal proceedings, from client interviews to attorney's fees. It discusses state and federal remedies available to maximize recovery, including: The development and elements of the claim Sample pleadings Discovery documents Reviews of actual cases Special attention is given to important topics such as: Suits by alleged harassers Insurance indemnification Class actions And many others Sexual Harassment in the Workplace brings you up to date on the latest case law developments, including the following: A new checklist of items to cover when representing an employer The U.S. Supreme Court confirmed that retaliation is actionable under Title IX where a girls' high school basketball coach claimed that he suffered retaliation for complaining about sexual discrimination in the athletic program of the school, even though he himself was not the direct victim. Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) In order to increase opportunities for mediation, the EEOC expanded the charges eligible for mediation and now mediation is available at the conciliation stage, after a finding of discrimination has been issued, in appropriate cases The U.S. Supreme Court has held that under the Federal Arbitration Act, where parties to an arbitration agreement include a provision that delegates to the arbitrator the threshold question of enforceability of the arbitration agreement, if a party specifically challenges the enforceability of the entire agreement, the arbitrator would consider the challenge. If, however, the party only challenges the enforceability of the arbitration provision, the challenge must be heard by a court. Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010) The lack of timeliness in filing a discrimination action is an affirmative defense and the burden of proof is on the employer. Salas v. Wisconsin Department of Corrections, 493 F.3d 913, 922 (7th Cir 2007) A federal employee's premature filing of a sexual harassment employment discrimination and retaliation complaint did not constitute a failure to exhaust administrative remedies so as to deprive the district court of subject-matter jurisdiction. Brown v. Snow, 440 F.3d 1259 (11th Cir. 2006) A majority of states impose a shorter period for filing with their agencies, though, so the filing deadline is not always extended when a state has its own agency The andquot;single filing ruleandquot; - under which a party who has not filed an EEOC charge or received a right-to-sue notice may andquot;piggybackandquot; his or her judicial action on the claim of a party who has satisfied those prerequisites - has been described as a andquot;carefully limited exceptionandquot; to Title VII's procedural requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir. 2006) Provided that an act contributing to the claim occurs within the filing period, the court may consider the entire period of the hostile environment for purposes of determining liability. Jordan v. City of Cleveland, 464 F.3d 584 (6th Cir. 2006) The Supreme Court has held that a plaintiff's timely filing of an EEOC intake questionnaire, which was followed by an affidavit stating andquot;Please force Federal Express to end their age discrimination . . .andquot; constituted a charge, cautioning, however, that its permissiv
Author: Gerlind Wisskirchen
Publisher: Kluwer Law International B.V.
ISBN: 9403544856
Category : Law
Languages : en
Pages : 218
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Book Description
Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in Germany. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Germany on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: · written and oral contracts · interviewing and screening · evaluations and warnings · severance pay · reductions in force · temporary workers · trade union rights · wage and hour laws · employee benefits · workers’ compensation · safety and environmental regulations · immigration law compliance · restrictive covenants · anti-discrimination laws · employee privacy rights · dispute resolution · recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
