Termination of Employment
The Labour Protection Act B.E. 2541 (1998) (“the Act”) applies to all businesses operating in Thailand. The employer/employee relationship is regulated under Thai law, including matters relating to the termination of an employee.
The main reasons why Thailand employers may consider payroll cuts by terminating staff can be summarised briefly as economic, poor performance or misconduct.
It is common in the Thailand legal environment that the Labour Court tends to favour the employee and accordingly it is extremely important that business owners in Thailand adopt correct procedures insofar as termination of their employees.
Termination Payment Calculation Summary
The following is a summary of the quantum of severance pay which must be paid by an employer to an employee under Thai law if Section 118 of the Act is applied. This is calculated in accordance with the employee’s length of service.
120 days but less than 1 year – 30 days pay
1 year but less than 3 years – 90 days pay
3 years but less than 6 years – 180 days pay
Employer Branding has taken on greater importance to Human Resources professionals over the past several years as talented job seekers exercise greater discretion in choosing their future employers. The information age has not only made it easier for consumers to research products before they buy, but also for job seekers to research companies before they apply. The best workers are no longer willing to just accept a job at face value. They will use the internet and social media to find out about a company’s workplace from current and former employees. Companies can no longer exaggerate claims about their employer value proposition on their websites, at presentations, or during interviews. Today’s job seekers will use their social networks to quickly verify a company’s claims. No longer can a recruiter or hiring manager simply “sell” only the good aspects of the job or workplace without being questioned by job seekers who want to know how the company is addressing the bad aspects.
For decades, companies have expected and required that job seekers be transparent during the application and interview process. Companies do
Self-employment is being employed by ones self. It identifies an individual who manages a company of her own or hires someone to oversee the day to day operations of your online business. Self-employed jobs are for those who don’t receive paid salary from another person or their company. The various kinds of self-employed jobs are: Sole proprietorship, Partnership, Companies.
The reason as to the reasons people choose self-employed jobs is lack of sustainable jobs. Lack of employment may drive one to begin his / her own small business thus being self-employed. One more reason we choose self-employment is flexibility. People will go for self-employed work opportunities so as to become free. Self-employed people do not rely on others for his or her living.
Increased wealth is yet another aspect in self-employment. Self-employed work offer men and women a possibility to increase their prosperity. Being your own personal boss enables one to decide how much money one makes in a month as opposed to salaried people who earn a standard salary monthly. Others create a part-time self employed job to bolster
If you’re employing other people, there’s always a possibility that you may end up being involved in an employment dispute. In this article, we take a look at how a solicitor can help you to resolve employment disputes, should they arise.
The chances of being involved in an employment dispute can be minimised by ensuring that you follow the correct procedures when advertising vacancies, recruiting staff, drawing up terms and conditions of employment and making staff redundant. However, you may find that a member of staff is unhappy with an aspect of your employment and decides to take this further. Alternatively, you may be unsatisfied with an employee’s performance and decide to take action, in which case a dispute may arise.
Grievance and Disciplinary Proceedings
Most issues arising between an employer and employees should initially be dealt with through the employer’s internal grievance or disciplinary procedures. Therefore, it’s important that you provide details of these procedures in your company’s staff handbook and that all staff can access a copy of these easily. It’s also vital that your grievance and disciplinary procedures comply with current employment law, so it’s worth asking your employment solicitor to help
It is an unavoidable demand of running any business that an employer must have a good knowledge of employment law whether they are self employed and/or employ other staff. They should have an awareness of the rights of the employee, the employer themselves and where each party stands in the unfortunate event that the normal working relationship breaks down. This article addresses the five key areas that employers and HR departments need to consider when dealing with employment law in the UK.
1. How You Define Employees and Employers
It is important, before delving into the intricacies of employment law to have a clear idea of the parties that are involved and how their roles should be defined.
- Employed vs Self Employed: This distinction can be less apparent than you may think. If a worker has agreed to provide a service/work under contract for an organisation then they will be a worker employed by that organisation unless the organisation is actually employing the services of that individual’s business, in which case the worker is self-employed and thus not a direct employee of the organisation. An example of such a scenario would be a contractor
“Over 90% of companies run background checks on applicants”.
Unemployment is soaring. Many employers have already seized new hiring ventures and very few jobs are available. Despite a very modest improvement in recent months, the job market is still hovering around 9.5% unemployment, unthinkable four years ago. In most fields and industries, competition for the best jobs is almost overwhelming.
Is there anything a common job seeking person can do to stand out from the unemployed crowd? Actually, there is a way by which you can mark your primal success over your competitor candidate and how it’s going to be happen, when you run your own background employment check before applying a job.
The question arises in every job seeking mind that how running an employment check upon yourself might help in getting a prospective job career. So it is simply because, first it enables you to find out if any erroneous information is being reported about you. And second, it reassures potential employers that the qualifications you present in your job application are true and correct. A study conducted by a human resource and recruiting firm stated that as many as 44% of the
All of our employment related institutions are geared to servicing the full time employment model – being employed by someone else and receiving regular pay for the work performed, on a regular basis for a minimum of thirty-five hours per week. Think about it. Consider how employment rates are measured and how the popular press treats these figures. Consider how government employment support mechanisms work. They are based on the number of weeks worked within a certain period, the more you work, the higher portion of available dollars you receive.
Even our social and personal lives revolve around income generated by full time employment. When you meet someone new, they ask what you do, and expect you to be either employed full time with one employer or self-employed. Being employed full time by one employer is, unofficially, a measure of who you are and your value to society.
Growth industries such as social services, health care (due to demographic aging of our population), retail and wholesale trade, hospitality and food services tend to favour contract or part time employment models. Manufacturing and finance are not experiencing growth and some companies, within these areas, are even decreasing
We often hear that employment gaps in a resume can hurt a candidate, but did you know long term employment at the same employer can also be perceived negatively?
Having stable employment is certainly not a bad thing. However, if it is with the same employer and your resume doesn’t show you made progress, it is not an impressive mark for a potential employer viewing your resume.
When a candidate has stayed with the same employer for many years, it can be considered in two ways: 1) You are lucky to have found a good employer and enjoy what you do, or, 2) You are afraid to take on new challenges and do not like stepping out of your comfort zone.
A potential employer may view your long term stay with an employer negatively for several reasons:
- Questions of Ambition and Motivation. If you have been working with the same employer for several years and your resume shows you have the same title as when you started, it can lead an employer to wonder if you have reached the peak of your career. Employers want people who have the ambition and motivation to
Colleges and universities are taking a closer look at the level of career services support they are delivering to students beyond the learning experience. While much of this has to do with the current economy and the need for schools to continually find new and better ways to support students, the end goal for most institutions is regulatory compliance.
STATE OF THE INDUSTRY:
Government intervention in higher education coupled with a decline in jobs over the last few years is forcing colleges and universities to take on greater responsibility when it comes to supporting students through the career placement process. Keep in mind that:
- Schools that can prove placement rates will be able to retain their student funding.
- Schools that dedicate more resources to their career services department will have a greater opportunity to connect graduates with employers.
- Schools that place more students in jobs can expect to see an increase in enrollment and retention as a result of their positive placement results.
Because of Gainful Employment, colleges and universities across the country are looking at career services in a whole new light and acknowledging its growing importance. However, many schools need assistance identifying where to
Migration Amendment (Reform of Employer Sanctions) Act 2013 and the Migration Amendment Regulation 2013 (No. 3) came into effect.
The Act introduces new civil penalties for Australian employers that employ workers from overseas who are not allowed to work, or employ overseas workers in breach of work-related visa conditions.
Under the new laws, employers are liable even if they do not know that a worker is not allowed to work or has work-related visa conditions.
Employers may also be liable even if the illegal worker was referred to them by an employment agency.
Executive officers of companies (directors, secretaries, CEOs and CFOs) may also be liable if they do not take all reasonable steps to prevent the company from employing illegal workers.
However, if employers can prove that they took “reasonable steps at reasonable times” to verify that their workers are allowed to work in Australia without breaching their visa conditions, they will not be liable.
Employing non-Australian workers – the basics
Australian citizens and New Zealand citizens who live in Australia are allowed to work in Australia.
People from other countries need to hold a visa to legally enter
Small employers need worksite wellness programs too. As a small employer, you care about and want healthy employees don’t you?
Wellness programs have traditionally been the province of the large employer, basically leaving the smaller employer out of today’s explosion in employee health management.
This is unfortunate as the small employer needs wellness programming just as much as the large employer. Small employers make up the majority of US employers and employ a large percentage of today’s workforce. I am defining small employer as being an employer with less than 100 employees.
Traditionally within worksite wellness, each employer creates, for the most part, their own internal, stand-alone program utilizing internal employer based resources, or the resources provided by a contracted vendor, such as the health insurance company or a wellness program vendor. This independent, self-sufficient model is not, in my opinion, either viable nor the best strategy for the small employer to employ.
There is certainly no reason why a small employer cannot, on their own, create their own internal, stand-alone program utilizing internal employer based resources, or the resources provided by a contracted vendor, such as the health insurance company or wellness program
With the right to employment comes another essential related right which is the right to choice of one’s employment. The right to choice of one’s employment gives the freedom to people to undertake work of their own choice and not toil in the field in which they do not wish to put their labor. Laboring against the will of one’s self can be considered to be forced labor which is illegal in UAE and most of the other countries in the world. Employment contract is an agreement between the employer and the employee where the employee agrees to work for the employer for a fixed period of time and for a specific job – role. Employment contracts sometimes do not fix the duration of employment in which case the contract is known as an undetermined contract whereas determined employment contracts are contracts that bind the employee to the employer for a fixed period of time. Employment contracts are not considered as forms of forced labor as both the employee and employer willingly enter into it but in the long run it may be considered as forced labor as the main aim to fix a duration is to ensure
Employers encounter a wide range of business jargon and terms throughout their day. Some are less common than the next. “Co-employment” is one such term. What exactly is co-employment, and how can it benefit your business?
The term co-employment loosely refers to any relationship in which an employee is employed by more than one employer. While this may sound strange or uncommon, it in fact happens more than one might expect. This relationship typically falls into one of three categories:
- Professional Employer Outsourcing (or Organization)
When an employee works for two employers simultaneously, and in the best of interest of both employers, these businesses are known as joint-employers.
An example of this type of relationship made the news recently when a manager for two small regional airlines sued one of his employers for FMLA violations. This employer only had 30 employees and therefor fell below the minimum FMLA threshold of 50 employees. The employer denied the claim on these grounds. However, the litigant simultaneously worked for another airline, which employed over 300 employees – well over the FMLA limit. The courts determined that the employee was co-employed equally by both businesses
The Employment Law (100(1)/2000) in Cyprus includes both statute and case law. Specifically, Cyprus statute law contains issues related to the termination of employment, paid leave, annual social insurance, maternity leave, equal treatment at work e.t.c. The Labour Disputes Courts deals with issues related to the rights of employees and employers.
The Employment Law applies to every employee who has a contract or employment relationship in the private, public and semi-governmental sector.
The Employment Law does NOT apply to:
· employees whose total period of employment is less than one month;
· employees whose total hours of employment is less than eight hours in a given week;
· employees whose employment is of a casual nature and/or particular nature under the condition that in these cases the non-application of the Law is justified by objective reasons;
In this article, our employment lawyers will present the primary aspects of termination of employment in Cyprus, i.e. notice period, unlawful termination of employment and redundancy.
Under the Termination of Employment Law (24/1967), an employer intending to dismiss an employee, who has completed at least 26 weeks of continuous employment, is obliged to give the
It is well established now under federal Title VII law that an employer is liable for actionable sexual harassment caused by a supervisor with “immediate (or successively higher) authority over the employee.” However, in cases where the employee does not suffer a “tangible employment action,” such as discharge, demotion, or an unfavorable reassignment, there is an affirmative defense that an employer may raise to avoid Title VII liability and damages.
Under such affirmative defense whether an employer has an anti-harassment policy is relevant evidence. Also important is effective supervisory training and training of employees on the harassment policy and complaint procedure.
Training and educational programs for all employees take on an even higher degree of importance under Hawaii state law, HRS Chapter 378. State law currently is interpreted by the Hawaii Civil Rights Commission (“HCRC”) as mandating strict liability for sexual harassment committed by supervisors.
While the Hawaii Supreme Court has not addressed the HCRC’s interpretation of HRS Chapter 378 a recent Illinois Supreme Court decision upheld a Illinois Human Rights Commission ruling addressing a regulation similar to the HCRC’s–that an employer was strictly liable for a supervisor’s harassing conduct under Illinois state law even
In today’s competitive economic environment, firms cannot afford to be side-tracked by employee problems such as workplace violence, theft, false resumes, embezzlement, harassment or trumped-up injury claims. Employers have increasingly turned to pre-employment screening as a critical risk-management tool to try to avid hiring problem employees in the first place.
At the same time, companies are becoming more cost conscious as well. Despite the obvious benefits of pre-employment screening, management often expects security and human resources professionals to produce more results with fewer resources. The challenge facing security and human resources professionals is finding ways to implement an effective pre-employment screening program that is also cost-effective.
Such a program has four goals:
– First, the program must demonstrate that an employer utilizes due diligence in hiring. That means that an employer takes reasonable steps to determine a job applicant is fit for the job. This can protect an employer from claims of “negligent hiring.”
– Second, effective screening obtains factual information about a candidate, to supplement the impressions obtained from an interview alone. It is also a valuable tool for judging the accuracy of a candidate’s resume.
– Third, effective pre-employment serves to
In prior articles I have alluded to the fact that many people think being an entertainment lawyer is a romantic existence. Yet the brass-tacks principles of employment law and the harshness of employee severance and termination scenarios often overtake that romanticism. Being an entertainment lawyer entails a lot more than hanging-out with talent backstage or on the tour bus. In prior articles I have also alluded to the fact that artists often have “day jobs” providing their paying employment to subsidize their artistic ventures. As a New York entertainment attorney who grew up in a show business family in the midst of performers, I’m used to this. Most of these artists intend to abandon these day jobs, with or without an employment severance package, once they get signed to a development deal, record contract, or otherwise “make it”. But what happens in the meantime? What if an artist works for a company that intends to jettison him or her as an employee, rather than the other way around? What if the company counts on using an employment severance package as a hedge against risk of an after-occurring wrongful-termination lawsuit?
These past few years have comprised a particularly
With all the new information concerning HIPAA, which is scheduled to be fully implemented by April of 2005. you need to be aware of the confidentiality laws that govern your practice. One aspect of confidentiality concerns employment law. There are federal and state guidelines that address employment and discrimination laws.
The common law governs the relationship between employer and employees in terms of tort and contract duties. These rules are a part of agency law and the relationship between Principle (employer) and Agent (employee). In some instances, but not all, this law has been replaced by statutory enactments, principally on the Federal level. The balance and working relationship between employer and employee is greatly affected by government regulations. The terms of employment between management and the employee is regulated by federal statute designed to promote employer management and welfare of the employee. Federal law also controls and prohibits discrimination in employment based upon race, sex, religion, age, handicap or national origin. In addition, Congress has also mandated that employers provide their employees a safe and healthy environment to work in. All states have adopted Worker’s Compensation Acts that provide compensation to employees that have been injured during
Social Security disability attorneys or representatives are often not familiar with some of the civil rights laws and other remedies which may be available to their clients, beyond, or in lieu of, Social Security disability benefits, and which may result in additional or alternative sources of financial proceeds for their clients. Also, as Social Security disability claims have greatly increased due to the lagging economy, client advocates may encounter many persons who will not meet the stringent Social Security disability standards, but may be able to qualify for other relief. This article will explore some of these laws and remedies.
Due to the complexity of some of the remedies and the intricate interaction between them, which often require balancing and negotiation, it will be beneficial to client advocates to establish a relationship with one or more attorneys who practice in the areas of law noted below if they do not, in order to determine if other remedies may exist for their clients. As many of these additional remedies have stringent time deadlines, inquiries should be made as quickly as possible to other counsel as to whether a client has additional remedies and the viability of pursuing them.
Ban the Box: No Criminal History Inquiries before Making a Conditional Offer (Govt. Code § 12952)
All employers with five (5) or more employees are prohibited from including on any employment application a question that seeks disclosure of the applicant’s criminal history. The employer cannot “inquire” or “consider” an applicant’s conviction history until after a conditional offer of employment has been made.
This also means employers cannot use background checks that reveal criminal conviction history until after an offer is made.
If an employer intends to deny employment to an application because of an applicant’s conviction history, whether in whole or in part, it must make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position. The employer shall consider: (1) the nature and gravity of the offense or conduct; (2) the time that has passed since the offense or conduct and completion of the sentence; and (3) the nature of the job held or sought. This assessment may or may not memorialized in writing.
If the employer makes a preliminary decision that the applicant’s conviction