chapter 7: employment law Flashcards
individual contract
terms are negotiated and agreed between employee and employer
conditions greed upon apply allonym to this particular employment relationship and these two parties
collective agreement
contract between employer and a group of employees
–> this group is a negotiating team
the key characteristics of the employment contract (individual contract)
the contract
the term
the form
renewal
terminations
restrictive covenants
non-competition clauses
the employment contract
subject to all general rules of a contract
bilateral
requires work to be done continuously until termination of contract
work must be done according to the instructions and under the direction of the employer, which requires the employee to be subordinate
employee must personally carry out the work to be done
–> cannot be delegated to some else
contract must be for a limited time
–> person cannot bind him or herself forever
the form of the employment contract
no specific form required
maybe be verbal or written
the parties determine the form
employer’s obliigations
to allow employees to carry out the work
pay wages
ensure work can be done safely and without danger to employees
employee’s obligations
obliged to do the work carefully, promptly, and to the best of his ability
honesty with employer
loyalty
do not divulge confidential info
what can cause an instant dismissal?
starting a fire in the plant
smoking where it is fangerous
damaging employer’s equipment
stealing form employer
wishing with other employees
falling asleep on the job
staying way from work without notifying the employer
what can cause an instant dismissal?
starting a fire in the plant
smoking where it is dangerous
damaging employer’s equipment
stealing form employer
wishing with other employees
falling asleep on the job
staying way from work without notifying the employer
non competition clauses
contract restrictions that limit employee from going to competitor, being a competitor, or divulging private info at the end of the contract
can a non competition clause be invoked if employer fired employee or forced them to quit?
nah
when does an employment contract become tacit?
whats the term?
when contract ends and employee is still working as if nothing after 5 days
the term is indefinite
certificate of employment
when employees are fired do to new owners arriving
does not state performance
difference between an employee and employer relationship and a contractor/client relationship
employee works under subordination
contractor undertakes to do a job for someone
–> relationship is different as there is no element of subordination
difference between an employee and contractor
- the employer is in control of the employee
–> client comes to agreement with contractor
- an employer provides equipment to employee
–> contractor uses his own tools
- an employee earn a wage or salary and nothing more
–> contractor can increase profit by being more efficient, taking less time, and using less material
- employer bears the loss if the employee s a bad one
–> contractor can suffer is he ends up being trash
public order conditions win an employment contract
employer can not offer less than the required minimum of something to an employee
what is the max amount of interval days that an employee can receive his paycheck
not more than 16 days
when is an employee considered at work?
when available at the place of employment and required to wait for work to be assigned
the the break periods permitted by employer
travelling as required by the employer
call in pay
working less than three hours and getting three hours worth of pay
the reference year type of vacation for new employees
one day of vacation added for every month the employee
the vacation length for employees that worked between 1 and 5 years
two weeks of vacation
if he takes less, he is entitled to 4 percent of gross wages as leave
the vacation length for employees that worked more than 5 years
three weeks of vacation
if he takes less, he is entitled to 6 percent of gross wages as leave
maternity leave max amount of weeks
18 weeks
unpaid
paternity leave max amount of leave
52 weeks
unpaid
to what time notice does someone have to give when quitting and only working for 3 months?
none required
to what time notice does someone have to give when quitting and only working between 3 months and a year?
1 week
to what time notice does someone have to give when quitting and only working between 1 year and 5 yeasr?
2 weeks
to what time notice does someone have to give when quitting and only working between 5 year and 10 years?
4 weeks
to what time notice does someone have to give when quitting and working for ore than 10 years?
8 weeks
what does the jurisprudence identify as three main reasons and valid reasons for employee dismissal?
incompetence
restructuring of a business
business dealing with financial difficulties
