General requirements With Respect to the Content of the Legal Bases

A company pension is usually similar in nature to (1) ________ and is thus a special type of (2) _____. It is consideration paid to the employee because he works for the company for a long period, which, for many reasons, is (3) ________ to the employer. This (4) _______ nature entails, for example, that, if both spouses work for an (5) ________, it is not possible to exclude one of them from the company pension scheme because he or she will (6) ______ a survivor’s pension after the spouse’s death.

The right to a company pension (7) ______ a special (8) ______ basis which must satisfy certain minimum requirements of equity and (9) _______. This means in particular that, as in the case of pay, the (10) ______ and the amount of the pension may be determined and graded only according to (11) _____ and verifiable (12) _______ e.g. the duration of employment in the company. Furthermore, the employer must not (13) _____ constitutional or legal (14) ______ when confirming company pensions, e.g. treat women differently from their male colleagues which is of particular importance with respect to age limits or part-time employment or make a difference between employees or limit the retirement pension to non-trade union members. If the company pension regulation specifies that a company widow’s pension is to be paid only to widows and that widowers are excluded from a corresponding right, this is also a (15) _______ on the grounds of sex.

Reading 3. B.Read the following article on Contract of employment, pay attention to the marked words and expressions.

It is usual practice for employers and employees to enter into a written agreement which sets out their respective obligations and rights, and which constitutes a contract of employment, either at the commencement of employment or shortly before. Clauses in the contract generally deal with pay, deductions, hours of work, time off and leave, place of work, absence, confidentiality, restrictions on the actions of an employee once employment is ended (known as a restrictive covenant), giving notice, the grievance procedure in the event of job loss, and variation of contract(meaning parties may agree to vary terms of contract but terms cannot be unilaterally varied, that is, by one party without agreement).

Employers are bound by the employment contract and statutory regulation as to how they may deal with employees, particularly in relation to the termination of employment. Failure to observe such obligations and regulations may give rise to a claim for wrongful dismissal (where the employer is in breach of contract), unfair dismissal (where the employer has not followed a fair dismissal and disciplinary procedure before terminating the contract), or constructive dismissal(where an employee resigns because of the conduct of his employer). Gross misconduct by the employee, for example, theft from the employer, may result in summary, that is, immediate, dismissal. In other circumstances, the employee may be made redundant, for example if the employer has ceased to carry on business.

Ex. 4.A lawyer is giving advice to a client about an employment contract over the phone.

Replace the underlined words and phrases with alternative words and phrases from Reading 3 B. There is more than one possibility for one of the answers.

- I’ve looked through the contract and it seems satisfactory in relation to (1) the period of warning that the contract is going to end. However, I think you should look for some adjustment on the (2) clause preventing you working in the same field for three years after you’ve left the company. Other than that, the terms relating to being (3) let go by the company if it fails and (4) being removed from the job, with the related (5) procedure for making a complaint and (6) changes being made to your work, are quite straightforward.

Ex. 5.Which type of dismissal may have occurred in the following situations?

1. An employee decides to leave her job because she is moved, without consultation, to a new position in the company which she regards as a reduction in her role. A new post covering broadly the same area as hers is offered to an outside applicant.

2. An employee is forced to leave his job because he has arrived at his place of work under the influence of alcohol on several occasions.

3. An employer has not gone through the appropriate procedures before forcing an employee to leave his job.

Ex. 6.Choose the correct prefix from the box to make the opposite of the adjectives below.

Ex. 7.Below is an extract from a skeleton contract of employment for a full-time employee. The key word or phrase from each section has been removed. Complete the text using the words or phrases from the box.

1.You have been appointed to the …………………….. of administrative assistant.

2.Your ………………………….. will be as detailed in the attached Job Description, but this Job Description should not be regarded as exclusive or exhaustive. There will be other occasional duties and requirements associated with your appointment.

3.The …………………………… of your continuous service with this company is 1 January 2010.

4.Your specific …………………………. Are contained in the Employees’ Handbook issued by the company, as well as in existing collective agreements negotiated by the company.

5.Confirmation of your appointment will be subject to your satisfactory completion of 3 months’ ……………………………… .

6.Your ………………….. is £20,000 per annum, paid monthly in arrears. Overtime is not payable.

7.Your ……………………….. entitlement is 30 days in any calendar year.

8.Your annual ……………………………. Is 25 days which cannot be carried over.

9.The minimum period of …………………………………… to which you are entitled is 3 months.

10.Your position with regard to ……………………. Is set out in the explanatory booklet attached.

11.If you have a …………………… relating to your employment, you should refer to the complaints procedure outlined in the booklet attached.

Ex. 8. Read the following text. Fill in the blanks with the appropriate words from the box.

Date: 2016-01-14; view: 1601