All posts in Employment

How To Change An Existing Employment Contract

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If you want to change an employee’s terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal. You must tell the employee in writing about any changes no later than one month after you have made the change. Do changes have to be in writing? Agreed changes don’t necessarily have to be in writing. However if they alter the terms in your ‘written statement of employment particulars’,

Your employer must give you another written statement showing what has changed within a month of the change. Employee Enforcement of the Right Employees have certain rights. These rights are enforceable by law: The right of fair treatment regardless of age, race, religion, gender, disabilities, or sexual preferences The right to equal treatment, also with regard to wages The right no be dismissed without proper cause and the correct procedures The right not to get fired for giving birth to a child Employees also have the right to a proper written notice time for termination of their work agreement in relation to the period employed Employees have the right for compensation when they are retrenched Safe workplace Terminating the Employment ContractBoth employer and employee can terminate the employment contract according to the terms contained within it. Either side can make a complaint against the other.

Breach-of-Contract Claims Both employers and employees can be in breach of a contract of employment. A breach of contract happens when either employee or your employer breaks one of the terms. If an employee continues to work under these changes without objecting, they may be regarded as having accepted the changes. Not all the terms of a contract are written down. A breach may be of a verbally agreed term, a written term, or an ‘implied’ term of a contract. Employer would normally use a county court for a breach of contract claim. The only way an employer would be able to make an application to an Employment Tribunal is in response to a breach of contract claim that an employee has made. The most common breaches of contract by an employee are when they quit without giving (or working) proper notice, or when they go to work for a competitor when their contract doesn’t allow it. Our Employment Law DocumentsAvailable documents include employment contract templates, as well as a director contract template and a range of employment policies. Our documents are designed for use in England and Wales. Our Contract of Employment Template is easy to customize to your business’ requirements.

They provide comprehensive legal protection, whilst avoiding excessive legal jargon. They have been designed with ease-of-use in mind. To this end, they include guidance notes. They are excellent value and available for immediate download. All the templates have been drafted by a team of Solicitors and Barristers who are expert in the field of employment.

If you want to change an employee’s terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal. You must tell the employee in writing about any changes no later than one month after you have made the change. Do changes have to be in writing? Agreed changes don’t necessarily have to be in writing. However if they alter the terms in your ‘written statement of employment particulars’,

Your employer must give you another written statement showing what has changed within a month of the change. Employee Enforcement of the Right Employees have certain rights. These rights are enforceable by law: The right of fair treatment regardless of age, race, religion, gender, disabilities, or sexual preferences The right to equal treatment, also with regard to wages The right no be dismissed without proper cause and the correct procedures The right not to get fired for giving birth to a child Employees also have the right to a proper written notice time for termination of their work agreement in relation to the period employed Employees have the right for compensation when they are retrenched Safe workplace Terminating the Employment ContractBoth employer and employee can terminate the employment contract according to the terms contained within it. Either side can make a complaint against the other.

Breach-of-Contract Claims Both employers and employees can be in breach of a contract of employment. A breach of contract happens when either employee or your employer breaks one of the terms. If an employee continues to work under these changes without objecting, they may be regarded as having accepted the changes. Not all the terms of a contract are written down. A breach may be of a verbally agreed term, a written term, or an ‘implied’ term of a contract. Employer would normally use a county court for a breach of contract claim. The only way an employer would be able to make an application to an Employment Tribunal is in response to a breach of contract claim that an employee has made. The most common breaches of contract by an employee are when they quit without giving (or working) proper notice, or when they go to work for a competitor when their contract doesn’t allow it. Our Employment Law DocumentsAvailable documents include employment contract templates, as well as a director contract template and a range of employment policies.

Massage Courses Teach Natural Healing Skills

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If you are looking for an education in natural healing, a massage course could be a good place to start. With more than a thousand massage schools across the U.S. and Canada, it will be easy for you to find a course in massage, but which is the right one for you? There are hundreds of massage variations, and each course is different; so it is vital that you consider your goals for the future before you begin your massage studies.

In general, massage training focuses on expanding the students’ knowledge of the natural healing benefits of nurturing human touch. All massage courses can instruct you in therapeutic touch methods and techniques that allow the body to heal naturally. But, each form of massage has its own particular benefits and its own particular type of client. Western styles of massage are designed to reduce pain and physical dysfunction, while other forms are meant to induce relaxation. There are also some ancient, Eastern forms of massage that take a holistic approach to overall health and healing. And, if you are thinking of going into private practice upon graduation, it will be helpful if your massage school includes some instruction on the practical aspects of operating a massage business. You may even decide to extend your studies into the fields of acupuncture, or even a chiropractic training program.

As a natural healing art form, the practice of massage is meant to increase the lubrication of muscle tissue, improve circulation, and provide the client with improved flexibility. Regardless of the massage curriculum, all the various forms of massage offer amazing benefits to the human body, including stress reduction, relief of pain and depression, and even strengthening of the immune system.

Once you have completed a massage course, you will find many exciting employment opportunities. With a certificate in massage, or degree in natural healing, you can be qualified for jobs in a clinical setting or private massage practice; or you may seek employment on cruise ships, in a spa, or a sports venue. The employment possibilities are endless, making massage training a popular course for today’s natural healers.

To learn more about courses in massage, we invite you to visit our website where you can review hundreds of accredited massage schools. It’s time to take that first step to a rewarding new career in natural healing!

DISCLAIMER: Above is a GENERAL OVERVIEW and may or may not reflect specific practices, courses and/or services associated with ANY ONE particular school(s) that is or is not advertised on our website.

Copyright 2007 – All rights reserved by Media Positive Communications, Inc.

Notice: Publishers are free to use this article on an ezine or website, provided the article is reprinted in its entirety, including copyright and disclaimer, and ALL links remain intact and active.

Bank Jobs And Banking Scenario In India

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The banking industry is surely blooming in India. In fact, in the last decade, there has been a tremendous growth in this sector with both public and private banks doing good business. The percentage of vacancy in banks has also grown up resulting in more and more employment opportunities for the current generation of youths.

Furthermore, it cannot be denied that banking jobs are one of the most preferred jobs in the economy today. Bank jobs are secure, high-paying and very rewarding. More and more people are showing a strong inclination to enter the banking industry. Besides, you also need to consider the fact that the modern day banks have really diversified themselves very well.

Gone are the days when they merely used to perform the conventional functions of accepting deposits and granting loans. Take for instance, the McKinsey Report titled India Banking 2010 which revealed that the growth in the banking sector in the country has been staggeringly high in the last 10 years with an annual growth rate of 51%. This certainly augurs well for the economy which has always been criticized for its high population and high unemployment rate.

Fortunately, more and more recent bank jobs are cropping up and the youths are only too eager to grab the opportunity with both hands.

The present day scenario is certainly promising chiefly owing to two reasons:
i.Diversification: As explained above, banks have shed their conventional tags and are now diversifying their functions to perform a number of activities. They are not shying away from managing credit cards, funds, loans, stocks and insurances for the clients. Thus, there are several new departments that have come up. It goes without saying that the birth of new departments opens up more employment opportunities for the countrymen.

ii.Foreign branches: Another reason why the banking scenario is at a booming state is that a number of banks are setting up branches on foreign soil. With globalization taking full shape, it has become almost imperative for the modern day banks to establish their presence all over the world. Hence, even Indian banks are setting up branches on other countries. Then there are private banks and foreign banks which are extending their powers inside the country. All these have surely given birth to fresh employment opportunities.

Summer Youth Employment Program Is A Win-win

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October2009 If you want to know how intractable the unemployment problem is in Detroit, talk to any group of 18 – 24-year-olds and you’ll be amazed at how few have ever had a summer job.

That’s why McDonald’s owner and operator, Jamar Thrower, decided that the Summer Youth Employment Program (SYEP) was an opportunity he couldn’t refuse.

“We are always open to getting involved in anything positive to help the community,” said the owner of Jamjomar, Inc. “This was an unbelievable chance for us to train young people at no cost to us, then have them ready to hire when the summer was over.”

Thrower is one of dozens of for-profit employers who participated in SYEP this summer. The Detroit program, which serves an average of 2,500 youth each year, received an injection of $11.2 million from the American Recovery and Reinvestment Act this summer. The federal money helped increase the scope of the program to serve about 7,000 youth ages 14 – 24.

SYEP Participation is Good for Business

With the drastic increase in the number of youth served, City Connect Detroit, acting on behalf of the Detroit Youth Employment Consortium, decided to enlist the help of the business community in addition to the traditional non-profit supporters of the summer program. It was not an easy sell.

“In a troubled economic climate, many businesses were focused on downsizing, not making room for new employees,” said City Connect Detroit CEO Geneva J.Williams. “But when we made it clear that we were providing the youth and paying their salaries, many businesses jumped at the chance to give young people a taste of the real work environment.”

Thrower employed 13 youth in his two Detroit stores. “In such a depressed time, it’s important to expose kids to earning a paycheck and to teach them accountability,” said Thrower, who trained his SYEP youth in all aspects of running his business. “It was such a good experience for me as the employer, I would have no trouble recommending that other stores in our consortium participate next year.”

Cultivating Future Employees

C. has a bad temper-one that landed her in front of a judge earlier this year after the 20-year-old stabbed someone in a fight. The judge gave the first-time offender a choice: Go on probation and get a job, or go to jail.

“I picked probation,” she said. “I’m so glad I was given a chance.”

C. ended up in SYEP doing conservation work with the Greening of Detroit. “This is my first time having a job,” she said while composting at Elizabeth Gordon Sachs Park near downtown Detroit. “It feels good to have a paycheck.”
The biggest lesson she’s learned is how to stay to herself. “You get quiet when you do work outside,” she said. “At first it was uncomfortable being quiet and thinking. But it helps me stay out of trouble.”

It’s a Question of Values

Exposing youth to environmental issues, plus giving them chance to learn the value of hard work is exactly why Johnson Controls, a member of the Detroit Youth Employment Consortium,got involved with SYEP.

In 2006, the Milwaukee-based company began its Conservation Leadership Corps (CLC) to teach urban youth environmental stewardship and leadership. The program has since expanded to two other cities where the company has operations: Baltimore and Detroit.

“We had 2,200 applicants for 110 positions in Detroit this summer,” said Jennifer Mattes, director of global public affairs. “We continue to search for additional funding sources in all three cities – the need is so great.”

In partnership with the national Student Conservation Association and the Greening of Detroit, the CLC was able to give Detroit youth a taste of the green job industry, including educating city residents about energy efficiency; weatherizing and energy auditing 75 homes in Detroit; designing and building an outdoor classroom and indoor environmental lab at Barbara Jordan Elementary School; conducting an extensive tree inventory; and reclaiming two green picnic shelters on Belle Isle using alternative building materials and practices.

Why did Johnson Controls get involved with summer youth programs?

“We wanted to invest in the communities where we do business,” said Mattes. “It’s about challenging the next generation to be environmental stewards and providing them the opportunity to gain leadership skills. Some of them may even become our employees. Plus, we hope they will stay in Detroit because they see a future there.” (For a list of other funders of the Detroit Conservation Leadership Corps, see below.*)

The program also helped Johnson Controls develop a relationship with state and local leaders. “The mayor and the governor are supportive of these summer programs as well,” said Mattes. “We’ve earned recognition as a company that’s engaging youth in a unique and meaningful employment experience that also provides a valuable community service.”
Mattes said that SYEP is a win-win for the business community. “Through the program, we can give youth a perspective of what kinds of skills and education they will need to be ready for the green jobs of the future,” she said. “At same time, they’re doing something to beautify their city. We want to make it a better place for everyone.”
* Johnson Controls is the founding sponsor of the Conservation Leadership Corps. Additional support was provided by: Chase; the City of Detroit Community Development Block Grant and Neighborhood Opportunity Fund; The City of Detroit Workforce Development Department; City Connect Detroit; the Michigan Department of Energy, Labor and Economic Growth; Michigan Works! Association; Masco Corporation Foundation; SAP Americas; and the Walmart Foundation.

Importance Of Race Relation Act Questionnaire Rr65 Demonstrated By Banco Santander Group

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The importance of the Race Relations Act Questionnaire RR65 is highlighted by the high-profile Chagger v Abbey National plc & Hopkins (2006) UK legal case, where the Employment Tribunal made a finding of race discrimination, which subsequently led to the record-breaking compensation award of 2.8 million. In 2006, Abbey National Santander Group (the Spanish-owned UK high street bank which will soon be re-branded as Santander, and is part of the Banco Santander Group) terminated Balbinder Chagger’s employment, giving redundancy as the reason. Mr Chagger believed, however, that the real reason behind his dismissal was race discrimination. Santander Abbey National Group employed Mr Chagger (who was of Indian origin) as a Trading Risk Controller and paid him about 100,000 per annum. He reported into Nigel Hopkins.

Employees who believe they have suffered race discrimination at work and are considering pursuing legal action may serve a Race Relations Act Questionnaire RR65 upon the employer. The Race Relations Act Questionnaire RR65 procedure is set out in the Race Relations Act (Questions and Replies) Order 1977.

The employee serves his questionnaire upon the employer via form RR65. It contains some standard questions, such as to what extend does the employer concur with the employee’s version of events, what is the employer’s version of events, and does the employer accept that the employee has suffered discrimination (and if not, then why not). The employee may attach his own specific questions to the end of the standard questions.

The serving of a Race Relations Act Questionnaire RR65 is not a necessary step in dealing with the discrimination via formal legal proceedings; it is optional. But, it is a step that gives the employee a unique chance to collect evidence in support of his case (because it permits the inclusion of questions of an exploratory nature), as well as, to obtain further information useful in deciding whether to proceed with legal action or not. Therefore, the employee should seriously consider serving a questionnaire, and design the questions to uncover evidence that proves race discrimination which is known only to the employer, uncover fully the employer’s case, and ascertain which facts are accepted by the employer and which are in dispute.

The employer must respond to the questionnaire in writing within a reasonable time period (8 weeks from the date the of receipt). The employer’s answers can be submitted as evidence before an Employment Tribunal. The employer does not have to answer the questionnaire, and cannot be ordered to respond to it by an Employment Tribunal. But, failure to respond within the time limit and/or ambiguous or evasive responses may be held against the employer. Where an Employment Tribunal believes the employer deliberately and without good reason did not respond within the time limit and/or the responses were evasive or ambiguous, the Race Relations Act 1976 allows the Employment Tribunal to draw any adverse inferences it considers just and equitable, including the inference that the employer committed an unlawful act of discrimination. Thus, an Employment Tribunal could make a finding of race discrimination based solely on the adverse inferences it has drawn regarding the questionnaire; although, in reality, it is unlikely to do that, it could decide to take a serious stance on the employer’s failure to respond properly and be persuaded by it, along with other evidence. The chance of the Employment Tribunal drawing adverse inferences will be increased if the employee had asked reasonable questions and had made efforts to chase the employer and encouraged it to respond properly. The employer will not know the consequences of its failures before it faces the Employment Tribunal, at which time it may be too late for the employer to make good any failings. Thus, an employee who avails himself of the questionnaire procedure automatically gains this tactical advantage.

Such was the situation Santander Abbey National had got itself into. The Employment Tribunal found that Abbey Santander had failed in answering Mr Chagger’s questionnaire. Mr Chagger had asked Santander Abbey National to supply details of legal actions of racial discrimination brought against it since 1 January 2001. Abbey Santander responded with 17 citations of incidents. In respect of 6 of them, dating from 2001 and 2002, Santander Abbey National simply stated that the outcomes of the actions were unknown and that it was unable to obtain information regarding the outcomes during the time period in which the questionnaire had to be responded to; no further answers were ever provided to Mr Chagger. The Employment Tribunal concluded that Santander Abbey National’s response was evasive. Its failure to answer the questionnaire, along with the other evidence in the case, satisfied the Employment Tribunal that Mr Hopkins and Abbey National Santander had discriminated against Mr Chagger on the grounds of race in his dismissal.

The serving of a Race Relations Act Questionnaire RR65 by the employee does not in itself start off any legal proceedings; the initiation of legal proceedings requires a separate procedure. If no legal proceedings are ever initiated, then the employee’s questionnaire and the employer’s responses remain a private matter between the employer and employee. If the employee is seriously contemplating legal action based on the other evidence that suggests race discrimination, then serving a Race Relations Act Questionnaire would be appropriate, because the employer’s response may help the employee to decide. But, if the employee does not have any serious intentions regarding legal action, then to serve a questionnaire would be inappropriate because doing so may unnecessarily vex the employer and/or the responses may affect the employee emotionally into pursuing a legal action he didn’t intend to pursue.

The Chagger v Abbey National plc & Hopkins case did not end at the Employment Tribunal stage. In 2008, it was appealed to the Employment Appeal Tribunal (EAT). This year, 2009, the case was appealed to the Court of Appeal (being the second highest court in the land). The Court of Appeal’s List of Hearings showed that the appeal was heard on 7 and 8 July 2009. The Court’s records and judgement of the hearing were not available at the time of writing this article. The 11KBW set of barristers’ chambers had reported that the Court of Appeal hearing was only about compensation (not racial discrimination as well). So, this would seem to suggest that the wrong of race discrimination committed by Abbey National Santander and Nigel Hopkins has been settled by the EAT (it had upheld the original Employment Tribunal’s finding that Mr Hopkins and Santander Abbey National had discriminated against Mr Chagger on the grounds of race in his dismissal).