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Employment relations ACTU.l. RS, št. 42/2002

• Employment relations in the world (EU, USA,...)

• International aspects• Labour law as legal subsystem• Constitutional bases• The aims of the statute

- flexibility

- employees protection

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Definition of the employment relation

• Organized working process

• Wage

• Personal working performance

• Guidance and supervision of the employer

directive authority disciplinary authority

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Interdiction of discrimination• The Constitution ( 14.th art.)• Job seekers - employees• Gender ( man – women )• Direct – indirect dis.

regulations apparently neutral criteria

practicesnon ecqal position

employer – the burden of proof

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General enactment of the employer

• Authonomous legal resource• Representative trade union opinion

or

employees notification

- systemisation ( job classification )

- other employer’s enactment

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Employment contract

• “real” contract• Applying for a job, beginning of work• Subsidiary use of civil code• Null and void contract, • The form (not essential, obligatory)• parties

employer ( phisical person, legal person, mandatary ),

the employee (abbility 15 years, conditions)

foreigners ( special regulations )

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Conclusion of the EC

• announcment, public competition• exeptions:

already established relations changed circumstations partners in the company, family members top managers, functionary, ....

• Interdiction of the disciriminatory announcment (indamnity)

• Rights and obligations of the applicant and employer

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Contents of the EC

• Elementary parts of the contract

• Contents : job area of the prof.act.

• Type of the contract

• Working conditions - legal resources, citing

- reference to authonomuous res. (inkorporation)

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Duties of the EC parties – determinated by the statute

Employee’s duties• Conscientiously perfomnance

of work• Following employers’directives • safety• notifications• Prohibition of damaging

conduct• Protection of the employer’s

secrecy• Prohibition of competition

- ex lege - competition

clause

Employers’ duties• To secure work and wage• Safety

• Protection of the employees’ privacy and dignity

• Protection of the personal data

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Thypes of the EC ( I.)

a) Fix term EC• limitations

cases time limits Sanction: fixcion

• Season work and convertion of w.h. in w.days

b) EC and the Contingent Work

• Trilateral relation• interdiction

employees on strike masive redundances lack of safety at work

• Time limit – one year• Employer’s duties

compensation 70% adequate notifications

• User employer• User employee

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Types of the EC (II.)

c) Public works

• Arrangements of the Active Employment Policies (AEP)

• E.E.U.S. nature of the work work + education

and training determined period of

time ( max: one year)

d) part time EC• Property rights proportional

• Other rights entire value

• Composed full time working time agreement with the employers

and inbetween the employers

• Social risks and the part time work

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Thypes of the EC (III.)

d) Work on the employee’s premises – home work

• Notifcation of the Labour Inspectorate

• Nature of work the rights and duties

• Employer’s duties safety compensation

• Labour Inspectorate intervention,

the list of jobs – non allowed

e) EC with the Top Managers

• EC Work Contract (Civil Code)

• Company Law• EC and “different”

arrangement of working time bereak, rests, absences hollidays wages Disciplinary liability termination of the EC

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Transfer of the undertaking

• transfer, merger, division the same work, new E. • Min.: one year ( termination of CA), the same rights• Offer of the new EC ( less favorable)

Employee refuses = notice: considered as notice becouse of the economic reasons

notice periodemployee’s rights dismissal

compens. unemployment benefits

• Employee’s demands: both organisations• Prior notifications of trade union, common consultations or

direct notification of employees

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Termination of EC

• I.L.O. Convention No. 158 • Cases determined by the law ( statute, custom)

expiry of the period (fix term contract)

death , “civil death”

agreement

• dismissal regular, ordinary (notice period) irregualar, extraordinary

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limitations

Substantional• Warning….

• Valid reason, giusta causa

• Unvalid reasons….

• Conditions… consent (employee, IL) special rights

(compensation)

• Time suspension( ilness)

procedural, formal

• Self-defence• Trade union claim

retaining the exec. deadlines (A.,C.) tempor.decision arbitratation

Employers privilege (suspension)

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The form and delivery of notice

• In written• ..to be explained…• ….rights after the

termination of EC claim unemployment

benefits

• Working place job perfomance custom residence

• Civil procedure regulations

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Regular (ordinary) dismissal causes• Employee – no need to explain• Employer

economic inability valid and foundated , making imposs ... guilt-related

• e.., i.., checking up for another job ( training, retraining)

• Time limits to indicate legal causes..• Guilt-related reasons, the suspension…

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Substantial law limitations

• Non-valid reasons social determined

reasons… claim…. workers’

representatives’ activities….

• Employee’s transfer:

Dismissal with the offer of the new job

refusal: the risk to be redundant

acceptance of the adequate job: …still preserved right to claim against dismissal

acceptance of the non adequate job: …preserved right to claim + partial compensation as redundant person

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Notice periods

• employee ..30 days… (EC, CA …max.: 150 days)• employer

depending on working period in company economic reasons (30-150 days) unability (30-120 days) guilt-related reasons (at least 30 days)

• Compensation instead notice periods…• During the n.p. – min. 2 hours of the paid leave of

absence weekly….

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Dismissal of high number of the employees (collective dismissal)

• Redundant high number of the e.criteria

notification and consultation with TU elements of plan

plan notification of unemployment office:- reasons - proposals- measures of prev. - delay of dismissals- the list- measures to mitigate..- finantial evaluation of the plan

• criteria statute, CA social status non accetable criteria

• Reemployment within one year

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Compensation (severance pay)

• economic r…, r… of unability

• Bases for calculation = last 3-month wage or hypothetical wage

• Amount depends.... = period of work for the E.1 – 5 years 20% of bases for every year5 – 15 years 25%........over 15 years 33% ……….

• maximum = 10 times of basic wage , if not deteremined otherwise by CA (?)

• agreement about lower summ allowed (?)

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Irregular termination of EC (I.)• Causes – wrongfull action of the contract party, cases determined by the statute

• Unbearable relation

• Deadline, subjective criterion - 15 days, objective criterion - 6 months, ex.penal process

• Irregular notice of the employer to the employee

wrongdoing with elements of the criminal offence grave fault, serious misconduct ( intent, heavy negligence) absence over 6 months period, state body decision (detention) unsuccessful probation period, late return after the expireing of the EC, refusal of the health treatment – when addicted the prohibition of work ( suspension in case of TU claim), compensation 50%

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Irregular termination of the EC (II.)

• employee previous warning, notification of the I.L. causes

non paid wage or compensation (3months) non secured work non secured safety insults, violent behavior against the e. sexual discrimination sexual attack

Severance pay - as in case of dismissal by the employer becouse of the economic reasons

indamnity – min.:determined by the statute

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Special protection against dismissal

• Employees’ representatives :- consent, or court decision,- duration: still one

year after the termination of the function

• Elder employees : consent or the continuous compensation until

retirement

• Pregnant workers : consent of the e. or L.I.

• Disabled persons : permission of the state commission

• Illness: not dismissed while on the treatment

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court decision and the termination of the EC

• Stated illegal dismissal

e.demand court statement

unsustainable relation

court decicion:

day of the termination of EC

+

other employee’s rights

• Disabled: termination of

the EC on the basis of executible decision on institution

• Foreginer: termination of the EC

with expiration of the work permission

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Claiming rights and protection of the employees

• Employers’non accomplishment of duties

• Violations of rights

• Claim to fulfill …., …..to abolish violating activities..

• 8 day period to comply with the claim…if not

suit(court)…charge (arbitration)…..wihtin 30 days

• Directly (without prior claim) suit against employer’s decision in written suit for remuneration and other financial claims

• Unsuccessful job-applicant…..30 days for suit

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arbitration

• Provided by the CA, the composition, the procedure

• agreement

• Limited court protection

• No decision within 60 days suit in 30 days

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Activities and protection of the TU representatives

• Employers’duties: to secure a fast and effective TU activity

• External TU with members in specific company can nominate

its representative,….if not…the president of TU

• Employers’ notification

• TU activity must not hinder employers’ activities preserving rights in case of transfer of the company number of the shop-stewards – criteria by CA ban mobbing or discrimination keeping accountancy for trade unions

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Traineeship and probation period

• Legal bases: regulations, branch CA

• Duration, extantion, shortning of the period

• Training and the exam

• Limitation of dismissal (econ.reasons)

• volonteers

• Duration, extantion

• Termination: employee can give notice with 7 days notice p.

• Limitation of dismissal (econ.reasons)

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Wage, remunerations, compensations, • minimal

• elements- basic- work efficiency- extras (working conditions)- extras for business success-if appointed

• interdiction of sex discrimination

• time and place of paiment

• limits of retention or compensation of the wage

• trainees…min: 70% of basic wage or minimal wage

• refundation of expanses

• holliday bonus

- deadline

-proportion

• retirement compensation- min: 2 wage ammount-no right, if the employee receives the continious compensation until retired,or severance compensation

• paid leave of absence on the employers’ burden

• absences on the burden of social security fonds

• health…division of burden

• no possibility to work....................................”vis maior”….divided burden of lost wage

• compensations determined for cases, determined by law… and ….general amount……3 ultimate wages!

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Working time (I.)

• effective (without break), min.30’’ • full – max. 40, 36, less than 36 (increased dang.)• Limitations of the overtime work

cases written decision ( ex.urgent action) time limits (8, 20, 180) no limits: …preventing and eliminating the consequences… prohibition of overtime work

if possible to organize in different way for the “vulnerable” categories of the employees

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Working time (II.)

• additional employment relation education, science, defficitary professions 8 hours a week – max. termination: expiry of fixed time, consent withdrawal

• managing and distribution year plan: notification of the employees and TU temporary change

bases: regulation, contract prior written notification

disproportionate distribution: the nature of work leveling period: 6 months or recalculation of w.hours

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Working time III• Night work

“nihght workers ( at lesast three hours a day, one third of full time job)special protection

1. interdiction on the basis of the medical findings2. special rights: larger right to holliday leave, meal,

management, limits in turn-over3. specific condition: transport4. specific limitations

quantity daily limits, when the work with the greater risks

Consultations with trade unions Specific regulation: wemen in building and industry

Special conditions Consent of the minister for labour Trade union role

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Break and rests

• break (30 minutes) , calculated in the w.time

in proportion: if a worker work at least 4

hours

• rests daily, weekly Less in the case of assimetrical organization of the

working time

• Special arrangements of night work, break and rests by law and the branch collective agreements

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Annual leave• duration: 4 weeks• increased: 3 days – older persons, invalids, handicapped

1 day – perents with children in the familly• acquired

6 months = the full amount 1 month = proportional (1/12)

• use One part: at least 2 working weeks, ...more parts Use in the next year (30.6) Use on a burden of the other employer- agreement Approval – the interests of both parties One day ...employee’s will, ... resigning the right?

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Other absences (paid leave)• Personal circumstances: one day

- child born- marriage- death in the family- misfortune

• Festive days• Illness • Blood giving • Performing the public function • Activities in the bodies of the social partners• Military affaires

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Education and training

• education: the right• training

improving the knowledge: right and duty• The scope

development ( professional, personal) Preserving the employment

• Right and duty of the employer• Right to be absent from the work place

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Disciplinary responsibility

• Violations of the duties• sanctions

ex lege : warning branch collective agreement: additional ( fees, ... ) interdiction ....not a permanent change....

• Disciplinary bodies: statute, authorisation,

agreement

procedure : defence, fact finding, trade union opinion

written decision

• Time limits: introduction, conduct, exe....

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liability for the damage

• General regulations-special regulations• Worker’s liability

The level of the guilt ( dolus, great negligance) More persons responsible: according to their share.., ecqually Whichever the whole sum To deminish or to relieve of a burden to pay damages

• Employer’s liability Employee – injured at work place or by the employer’s conduct

against his rights Civil regulations, regulations concerning the safety ...

• Lump sum as the indemnity

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special protection of some chategories of the employees

• wemen: subterranean work,

• Pregnancy and parentalship Organizing the work ... Interdiction of some jobs ... Offer of the different job or the compensation Interdiction or limitation of overtime work or night work Parental leave Break of the breast-feeded mother: min 1 hour

• Young people Interiction of specific activities (regulations) Working time limitations, break, rests Interdiction of the night work and exceptions Increased holliday leave ( 7 days )

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special protection of some chategories of the employees (II.)

• invalids Regulations inside social security legislation The right to

Suitable work according to preserved work capacity (other.., part-time work...)

Professional rehabilitation

• Elder employees Age 55 years Part time..., partially pensioning Night work and overtime with the employer’s consent

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