chapter 7: employment law

Question 1

individual contract

Answer 1

terms are negotiated and agreed between employee and employer

conditions greed upon apply allonym to this particular employment relationship and these two parties

Question 2

collective agreement

Answer 2

contract between employer and a group of employees

–> this group is a negotiating team

Question 3

the key characteristics of the employment contract (individual contract)

Answer 3

the contract

the term

the form

renewal

terminations

restrictive covenants

non-competition clauses

Question 4

the employment contract

Answer 4

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

Question 5

the form of the employment contract

Answer 5

no specific form required

maybe be verbal or written

the parties determine the form

Question 6

employer’s obliigations

Answer 6

to allow employees to carry out the work

pay wages

ensure work can be done safely and without danger to employees

Question 7

employee’s obligations

Answer 7

obliged to do the work carefully, promptly, and to the best of his ability

honesty with employer

loyalty

do not divulge confidential info

Question 8

what can cause an instant dismissal?

Answer 8

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

Question 9

what can cause an instant dismissal?

Answer 9

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

Question 10

non competition clauses

Answer 10

contract restrictions that limit employee from going to competitor, being a competitor, or divulging private info at the end of the contract

Question 11

can a non competition clause be invoked if employer fired employee or forced them to quit?

Answer 11

nah

Question 12

when does an employment contract become tacit?

whats the term?

Answer 12

when contract ends and employee is still working as if nothing after 5 days

the term is indefinite

Question 13

certificate of employment

Answer 13

when employees are fired do to new owners arriving

does not state performance

Question 14

difference between an employee and employer relationship and a contractor/client relationship

Answer 14

employee works under subordination

contractor undertakes to do a job for someone

–> relationship is different as there is no element of subordination

Question 15

difference between an employee and contractor

Answer 15

1. the employer is in control of the employee

–> client comes to agreement with contractor

2. an employer provides equipment to employee

–> contractor uses his own tools

3. 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

4. employer bears the loss if the employee s a bad one

–> contractor can suffer is he ends up being trash

Question 16

public order conditions win an employment contract

Answer 16

employer can not offer less than the required minimum of something to an employee

Question 17

what is the max amount of interval days that an employee can receive his paycheck

Answer 17

not more than 16 days

Question 18

when is an employee considered at work?

Answer 18

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

Question 19

call in pay

Answer 19

working less than three hours and getting three hours worth of pay

Question 20

the reference year type of vacation for new employees

Answer 20

one day of vacation added for every month the employee

Question 21

the vacation length for employees that worked between 1 and 5 years

Answer 21

two weeks of vacation

if he takes less, he is entitled to 4 percent of gross wages as leave

Question 22

the vacation length for employees that worked more than 5 years

Answer 22

three weeks of vacation

if he takes less, he is entitled to 6 percent of gross wages as leave

Question 23

maternity leave max amount of weeks

Answer 23

18 weeks

unpaid

Question 24

paternity leave max amount of leave

Answer 24

52 weeks

unpaid

Question 25

to what time notice does someone have to give when quitting and only working for 3 months?

Answer 25

none required

Question 26

to what time notice does someone have to give when quitting and only working between 3 months and a year?

Answer 26

1 week

Question 27

to what time notice does someone have to give when quitting and only working between 1 year and 5 yeasr?

Answer 27

2 weeks

Question 28

to what time notice does someone have to give when quitting and only working between 5 year and 10 years?

Answer 28

4 weeks

Question 29

to what time notice does someone have to give when quitting and working for ore than 10 years?

Answer 29

8 weeks

Question 30

what does the jurisprudence identify as three main reasons and valid reasons for employee dismissal?

Answer 30

incompetence

restructuring of a business

business dealing with financial difficulties