employment

Examples of employment in the following topics:

• Case: China establishes a new employment contract law for 2008

  • In an effort to promote better employment relationships between employers and employees, and establish stricter guidelines for Employment practices, the Peoples Republic of China (PRC) passed a new employment contract law in June 2007 which became effective on January 1, 2008.
  • This law requires all employers to enter into contracts with their employees within 30 days of full-time employment and sets out guidelines for their implementation.
  • An employee's resident ID cards, files or contract papers are retained by an employer illegally or the employer collects an unrequired financial guarantee from an employee.
  • If an employer hires an employee whose contract with another employer has not yet been terminated or ended, causing the other employer to suffer a loss, it shall be jointly and severally liable with the employee for damages.
  • The new employment contract law will enhance employees' rights in striving for better employment terms and working conditions.

• A Brief Definition

  • Through collective bargaining, employers and employees negotiate the conditions of employment.
  • Factory workers may unionize and use collective bargaining to determine a wage rate that is mutually beneficial to the workers and the employers.
  • Collective bargaining is a process of negotiation between employers and a group of employees aimed at reaching an agreement that regulates working conditions .
  • The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA).
  • A collective agreement functions as a labor contract between an employer and one or more unions.

• Terminations

  • Job seekers sometimes do not mention jobs which they were fired from on their résumés; accordingly, unexplained gaps in employment, and refusal to contact previous employers are often regarded as "red flags. "
  • But there are also times when a termination date is agreed upon before the employment starts in an employment contract.
  • Other forms of manipulation may be used and often these tactics are done so that the employer won't have to fill out termination papers in jurisdictions without at-will employment.
  • Depending on the circumstances, one whose employment has been terminated may or may not be able to be rehired by the same employer.
  • If the decision to terminate was the employee's, the willingness of the employer to rehire is often contingent upon the relationship the employee had with the employer, the amount of notice given by the employee prior to departure, and the needs of the employer.

• Fair Labor Standards Act

  • In general, as long as an employee is engaging in activities that benefit the employer, regardless of when they're performed, the employer has an obligation to pay the employee for his or her time.
  • It also specified that travel to and from the work place was a normal incident of employment and shouldn't be considered paid working time.
  • Exemptions are narrowly construed; an employer must prove that the employees fit "plainly and unmistakeably" within the exemption's terms.
  • Still, an employer cannot simply exempt workers from the FLSA by calling them independent contractors, and many employers have illegally misclassified their workers as independent contractors.
  • Some employers similarly mislabel employees as volunteers.

• Americans with Disabilities Act

  • The ADA makes it illegal to discriminate against people with disabilities in employment, public transportation, and communications.
  • It would be undue hardship for the company to install an elevator, but the employer has another option.
  • The employer is responsible for moving the location of the interview to a reasonable accommodation.
  • It covers all employment practices, including application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment.
  • The ADA applies to private employers, state and local governments, employment agencies, and labor unions.

• Age Discrimination and Health Act

  • Under this act both employees and applicants who are 40 years old or over are protected from employment discrimination based on their age.
  • The ADEA applies to employers with 20 or more employees, including state and local governments.
  • It also applies to employment agencies and labor organizations, as well as to the federal government.
  • Pre-Employment Inquiries The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth.
  • Waivers of ADEA Rights An employer may ask an employee to waive his/her rights or claims under the ADEA either in the settlement of an ADEA administrative or court claim or in connection with an exit incentive program or other employment termination program.

• Standard Benefits

  • Normally, employer-provided benefits are tax-deductible to the employer and non-taxable to the employee.
  • In most instances, these plans are funded by both the employees and by the employer.
  • If certain conditions are met, employer provided meals and lodging may be excluded from an employee's gross income.
  • If meals are furnished by the employer; for the employer's convenience; and provided on the business premises of the employer, they may be excluded from the employee's gross income per Section 119(a).
  • In addition, lodging furnished by the employer for its convenience on the business premise of the employer (which the employee is required to accept as a condition of employment) is also excluded from gross income.

• Norris–La Guardia Act

  • ., in which, in an opinion authored by Justice Owen Roberts, the Court held that the act meant to prohibit employers from proscribing the peaceful dissemination of information concerning the terms and conditions of employment by those involved in an active labor dispute, even when such dissemination occurs on employer property.
  • The Norris–LaGuardia Act (also known as the Anti-Injunction Bill) was a 1932 United States federal law that banned yellow-dog contracts, barred federal courts from issuing injunctions against nonviolent labor disputes, and created a positive right of noninterference by employers against workers joining trade unions.
  • It also established as United States law that employees should be free to form unions without employer interference, and also withdrew from the federal courts jurisdiction relative to the issuance of injunctions in nonviolent labor disputes.
  • Sanitary Grocery Co., in which the Court held that the Act prohibits employers from barring the peaceful dissemination of information concerning the terms and conditions of employment by those involved in an active labor dispute, even when such dissemination occurs on employer property.

• Employment Levels

  • Full employment, in macroeconomics, is the level of employment rates when there is no cyclical unemployment.
  • The majority of mainstream economists mean NAIRU when speaking of full employment.
  • What most economists mean by full employment is a rate somewhat less than 100%, considering slightly lower levels desirable.
  • He preferred that the economy be kept above that full employment level in order to allow maximum economic production.
  • Ideas associated with the Phillips curve questioned the possibility and value of full employment in a society: this theory suggests that full employment—especially as defined normatively—will be associated with positive inflation .

• Small Businesses and U.S. Jobs

  • While business has seen great consolidation in recent years, the share of employment in small firms has been relatively stable over the past few decades.
  • This tracks with the slight decline in the small-business share of employment during the late 1990s and the leveling off in the 2000s.
  • The small-business share of employment is relatively stable, as shown in the graph above: the bold red line representing all small businesses stays at around 50 to 55% of the total share of employment.