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Егор Калашник Ученик (156), на голосовании 3 года назад

Our Employment Law Department is a specialist team. We advise on relevant law, employment policy and procedure, and the formation of employment contracts. We assist in the negotiation and settlement of disputes, and take or defend proceedings before an Employment Tribunal or in a civil court.

Employment law usually involves a mixture of contractual provisions and legislation regulating the relationship between employer and employee, and governing labour relations between employers and trade unions, for example with regard to collective agreements and collective bargaining about conditions of work. Developments in case law and changes to legislation, for example from the implementation of European Community directives, affect employers and employees alike. The practice of living and working in different jurisdictions means that lawyers also have to refer to international conventions to establish legal requirements.

The main statutory rights of employees include entitlement to:

· a national minimum wage;

· equal pay for like work, that is, broadly similar work;

· a written statement of employment particulars;

· an itemised pay statement;

· time offand holidays;

· statutory sick pay;

· a healthy and safe working environment;

· family and parental leave;

· protected rights on transfer of business to another employer;

· notice on termination of employment;

· not to have unlawful deductions from wages;

· not to be discriminated against on grounds of sex, race, sexual orientation, disability, religion, age, part-time or fixed term employment, or trade union membership.

It is usual practice for employers and employees to enter into a written agreement which sets out their respective obligations and rights, and which constitutes a contract of employment, either at the commencement of employment or shortly before. Clauses in the contract generally deal with pay, deductions, hours of work, time off and leave, place of work, absence, confidentiality, restrictions on the actions of an employee once employment is ended (known as a restrictive covenant), giving notice, the grievance procedure in the event of job loss, and variation of contract(meaning parties may agree to vary terms of contract but terms cannot be unilaterally varied, that is, by one party without agreement).

Employers are bound by the employment contract and statutory regulation as to how they may deal with employees, particularly in relation to the termination of employment. Failure to observe such obligations and regulations may give rise to a claim for wrongful dismissal (where the employer is in breach of contract), unfair dismissal (where the employer has not followed a fair dismissal and disciplinary procedure before terminating the contract), or constructive dismissal(where an employee resigns because of the conduct of his employer). Gross misconduct by the employee, for example, theft from the employer, may result in summary, that is, immediate, dismissal. In other circumstances, the employee may be made redundant, for example if the employer has ceased to carry on business.

Answer 1

Our Labor Law Department is a team of experts. We advise on the tasks of the relevant law, working politicians and procedures, and also on the tasks of resolving employment contracts. We can assist in negotiations and dispute resolution, as well as conduct or defend cases in labor law court or in plain clothes court.

As a rule, labor law involves a mixture of contractual provisions and legislation regulating cases between employer and employee, and also regulating labor cases between employers and trade unions, for example, in connection with collective agreements and collective bargaining on labor criteria. Configurations in case law and legislative configurations, for example, as a result of the implementation of Euro society directives, affect both employers and employees. The practice of living and working in all kinds of jurisdictions means that legal advisors are still obliged to refer to international conventions to establish legal claims.

Employees' primary legitimate rights include those of employees:

- the state's lowest wage;

- equal pay for similar work, i.e., generally related work;

- a written statement about employment;

- a detailed statement of pay;

- rest days and public holidays;

- statutory sickness benefit;

- healthy and harmless working conditions;

- home and parental leave;

- protected rights when the business is transferred to another employer;

- notice of termination;

- do not own illegal deductions from wages;

- not to be discriminated against because of gender, race, sex orientation, disability, religion, age, part-time or permanent employment, membership in trade unions.

As a general rule, employers and employees enter into a written contract that sets out their respective direct duties and rights and is considered an employment contract, or in the case of a job opportunity, or shortly before that. As a rule, the contract tells about wages, deductions for hours of work and vacation, the inaccessibility of confidentiality limits in the acts of the employee subsequently stopping the labor relations (such as a restrictive contract in the case of the cost of work, and also about the configurations in the contract (the parties have every chance to agree to change the criterion of the contract, but circumstances do not have every chance to be changed in a one-sided order without consent).

Employers must observe the provisions of the contract of employment and legislative measures generally accepted in respect of such as they have every chance to treat employees, in particular, in connection with the termination of employment relations. A breach of these promises and regulations may result in claims for wrongful dismissal (if the employer does not comply with the contract), unfair dismissal (if the employer did not comply with the fair dismissal and disciplinary function before the termination of the contract) or constructive dismissal (if the employee resigns because of the employer's behavior). A daring breach by an employee, such as stealing from his employer, may result in summary dismissal, i.e., immediate dismissal. In other life circumstances, the employee has a good chance of reducing it, for example, if the employer has finished doing business.

Answer 2

Hleb Viktorovich Ученик (133) 3 года назад

он и так сокращен