Английский язык для магистрантов гражданско-правовое направление. Учебное пособие
.pdfMarriage trends show that social institutions can, and often do change quickly
Across the world, fewer people are choosing to marry, and those who do marry are, on average, doing so later in life.. The underlying drivers of these trends include the rise of contraceptives, the increase of female participation in labor markets (as we explain in our article here), and the transformation of institutional and legal environments, such as new legislation conferring more rights on unmarried couples..
These changes have led to a broad transformation of family structures.. In the last decades, many countries have seen an increase in cohabitation, and it is becoming more common for children to live with parents who are not married, or a single parent..
These changes have come together with a large and significant shift in people’s perceptions of the types of family structures that are possible, acceptable, and desirable.. Perhaps the clearest example of this is the rise of same-sex marriage..
The de-institutionalization of marriage and the rise of new family models since the middle of the 20th-century show that social institutions
that have been around for thousands of years can change very rapidly..
FindthefulltextofthesurveyatURL:https://ourworldindata.org/marriages- NB! and-divorces
19. Search the Internet for papers relating to your research topic and write their summaries in Russian and/or English using “How to write anacademicsummary”p.23.
What’stheJUST FORVerdict?FUN
You are the judge in tricky courtroom quizzes. You don’t need to be a lawyer to get the “right” answer. Care, common sense and imagination should lead to the correct solution in a case, regardless of previous education or training.
Lucy1.ThesuedOtherforWomandivorce. Her husband, Mac, also sued for divorce in the same lawsuit. Mac, however, refused to answer questions about his relationship with the “other woman”. Mac’s position is that he does not have totestify about his own wrongdoing because that would violate his privilege against self-incrimination. Must Mac testify about the“other woman” if he wishes to pursue his suit for divorce?
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Nataliesuesfordivorce.Can2.TwiceNatalieCruelplaceinevidencethefactthather husband was divorced by a former wife for cruelty?
Isabel had two children,3.agedChildeightNeglect?years and twenty-two months. Sheleftthechildrenalonetogotoapartyatalocaltavern.Whileshewas away, the children were killed in a fire, the cause of which is unknown. Isabel is charged with child neglect. Is she guilty?
Peter abandoned his4.ThewifeDefenseand childrenofDiligence. The wife worked two jobs and was aided by her family and local church. Both thewife and children had adequate food and shelter. Peter made no payments to the wife. He is charged with criminal nonsupport of his children. In order for the prosecution to gain a conviction, it must show that thechildren were in “necessitous circumstance” at the relevant time. Is Peter guilty?
What is the2difference.2.4. LABOUR/EMPLOYMENTbetween labour relationsLAWand employment relations? The two terms are often used interchangeably but there is some difference between them. Labour relations are mainly the relationship between unions and employees while employment relations deal solely with companies and their employees. Labour law topicsincludeunionmembership,unionduties,andcollectivebargaining agreements. Employment law topics include hours, wages, overtime, hiring practices, workplace discrimination, and retaliation. Is there such subdivisionintheRussianlaw?Doesemploymentlawprotectemployees or employers? What types of cases are most often handled under employment law?
1.TheTerminologysituation in andwhichDefinitionsan employer officially makes someoneDismissalleave their. job.
2.To give somebody a job to do for payment.
3.Employ. . A person who is paid to work for somebody.
4.Employee A person or company that pays people to work for them.
5.Employer.The. factofhaving thesamerights,status,advantages,etc.
6.Equality. To force somebody to leave their job.
7.Fire To give somebody a job.
Hire.
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8. .Aperiodoftimewhenyouareallowedtobeawayfromwork for a holidayLeave or for a special reason. It can be annual leave, maternity
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activity and are being watched and tested to see if you are suitable. |
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Resignation. |
The act of telling your employer that you are leaving |
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Sal ry |
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professionalemployeesorpeopleworkinginanoffice,usuallypaidevery |
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Sexual har ssment |
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about sex, etc., usually happening at work, that a person finds annoying |
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Termination |
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17.Tobeentitled. The act of ending something; the end of something. |
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week or every month, for work or services.
TEXT 1
1.Readthetextandmakealistoftheworkers’rightsmentionedinit.
All work EMPLOYMENTenvironments areLAWgoverned. WORKERS’by specificRIGHTSrules and laws. This is where employment law comes into play. Central to employment law is the protection of worker’s rights. The laws usually determine the following things:
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Minimum wage: employers are required |
to pay their workers |
at least the minimum wage, which varies from one country to another. |
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All the employees who get their wages per hour if they work more than |
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8 hours per day or 40 hours per week are entitled to overtime pay. |
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However, salaried employees are not eligible for their overtime work. |
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Wageequality:employersarenotrequiredtopaythesamesalarytoall |
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employees, but employers should pay the same wages to the employees |
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who perform similar tasks and have the same skillset. |
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Working hours: one should not exceed a certain number of work |
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hours per week. Under the UK law, typically workers cannot work more |
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than 48 hours a week on average. |
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Non-discrimination: employers cannot discriminate against anyone |
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based on gender; pregnancy; religion, race, ethnicity or national origin; |
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age; disability; immigrant status etc. |
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No sexual harassment in the workplace: any kind of sexual |
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harassment in the workplace is illegal and may result in prosecution. |
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It is sexual harassment if a person is forced to participate in sexual |
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favours for job security or for receiving a promotion. Additionally, being |
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subjected to extremely pervasive comments in the workplace is also |
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sexual harassment. |
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Safe workplace environment: the workplace environment should be |
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safe and has no health and safety hazards. Theemployer should provide |
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a clean environment for working by providing employees with: first aid |
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equipment; protective clothing; drinking water and washing facilities; |
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and ensure all the machinery is safe to use. |
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Medical and family leave: according to the labour law, employees |
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can take leaves from work after a certain period of working with |
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the organization (a year or at least 1,250 hours). An employee can take |
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time off for: caring for an extremely ill family member; birth of a baby; |
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adopting a child; recovering from an illness you have etc. |
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Collective action: employees have the right to form or join trade |
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unions, and participate in collective bargaining. |
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Wrongful termination: an employee cannot be fired without proper |
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procedure and just cause. |
Based onStudySmarter |
(https://www.studysmarter.co.uk/explanations/law/labour-law/) and
(https://www.oneeducation.org.uk/rights-Oneof-employees/)Education
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2. Find in the text the English equivalents for the following words and
минимальныйphrases: размер заработной платы, наемный работник, работодатель,наборумений,почасоваяоплата,40часоввнеделю,иметь право наоплатузасверхурочную работу, привестиксудебному разбирательству, очень личные замечания, опасный производственный фактор, опасность для здоровья, чистая производственная среда (чистота на рабочем месте), отпуск по семейным обстоятельствам (по уходу за родственником), больничный (отпуск по болезни), профессиональный союз, коллективные переговоры.
1. cause |
a) the practice of treating somebodyora particular |
3.Matchthewordsontherightwiththeirdefiniti ns ntheleft: |
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group in society less fairly than others |
2. disability |
b) to be able to have or do something because they |
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have the right qualifications, are the right age, etc. |
3. discrimination |
c) the fact of belonging to a particular ethnic group |
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(= a group of people that share a cultural tradition) |
4. eligible |
d) reason for something to happen |
5. ethnicity |
e) something that can be dangerous or cause damage |
6. hazard |
f) the state of a woman or female animal of having |
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a baby or young animal developing inside her/its |
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body |
7. pregnancy |
g) the process of trying to prove in court that |
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somebody is guilty of a crime |
8. promotion |
h) one of the main groups that humans can be divided |
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into according to their physical differences, |
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for example the colour of their skin; the fact |
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of belonging to one of these groups |
9. prosecution |
i) a physical or mental condition that makes it |
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difficult for somebody to do some things that most |
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other people can do |
10. race |
j) a move to a more important job or rank |
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in a company or an organization |
4. Make up your own sentences using the words and expressions from exercises2and3.
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5. Read about some British rules and regulations concerning rights ofworkers1. AsofandAprilcompare2021, thethemUKwithnationalRussianminimumones: wage for workers aged 23 and over is £8.91 per hour. For workers aged 21 to 22, it’s £8.36 per hour. There are lower rates for younger workers and apprentices.
2. Already during the recruitment process, applicants have the right tobefreefromdiscrimination.Forexample,aprospectiveemployercannot ask applicants a certain family-related question during an interview or advertise a position as “suitable for young and dynamic applicants”.
3.Theemployerhastopayatime-and-a-halfrateofpayforemployees who work additional hours.
4. When a child is due or born female employees can take time off for antenatal care and can take 52 weeks of statutory maternity leave Male employees can take 1-2 weeks of paternity leave when the baby. is due or born. If an employee is pregnant or on maternity leave and receivesadismissalnotice,thisnoticemustcontainawrittenexplanation of the reason.
6. A role-play. People in the situations given below are sure that their rights were broken and are ready to file a complaint with the court. Advise
them as a lawyer specializingworkingemployment law about the possible outcomes1.JohnofDreamthecourthasproceedingsbeen . inafactoryfor3years.Todayhehas discovered that another worker there doing thesame job ispaid 1 pound an hour more than he.
2. Kate and Samantha were made redundant yesterday because their firm needed toreduce thenumber ofemployees asthere was not enough workforeverybody.Onlytwoofthemintheofficehadyoungchildrenand sometimes had to take parental leaves. Their qualification is even higher than that of other employees.
3. Jack Wallis is 23 years old. Last week he applied for ajob in a very prestigiouslawfirm.Duringthejobinterviewhewastoldthathewasnot the best candidate as he had no work experience.
TEXT 2
An7.Remploymentadthetextsilecontracttlyandisentitlean agreementit: between an employer and anemployeeregardingtheemployee’stermofemployment.Employment contract requirements refer to all the stipulations necessary for a valid and enforceable employment contract. These requirements may differ
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due to local labour laws, industry regulations, or even specific employeremployee requirements.
These clauses are present in most employment contracts:
Job Description and Duties: In this clause, you ought to include specificinformationaboutanemployee’sposition,title,androles,aswell as any other specific tasks or duties expected of them.
CompensationandBenefits:Theclausemustcontaindetailslikewhat salary an employee gets paid, extra benefits given (for example, medical insurance),whenonegetspaid,aswellashowtheyreceivetheirpayslips.
Work Schedule and Hours: If this is provided in the agreement, then it will give time limits for working hours per week for employees with overtime provisions. Otherwise, it can specify working days, including normal working hours, without any overtime provision.
Probationary Period: A probationary period may also be included in a contract of employment where the employer assesses the ability of an employee before confirming their permanent status at work.
Termination and Notice Period: The rules regarding termination of employment, notice periods required by both parties, plus conditions under which either party can end up terminating without notice are all contained in this clause.
Confidentiality and Non-Disclosure: This clause could concern confidentiality related to trade secrets or sensitive information in case such issues occur during their course of duty.
Intellectual Property Rights: Furthermore, ownership rights are often outlined within agreements alongside assignment-to-licensing ofintellectualpropertyifsuchpatentswereacquiredbyemployeeswhile still being employed.
Non-Compete and Non-Solicitation Agreements: Employees may sometimesberequiredto agreeto notsolicitcustomersforthe benefit of a competitor upon resignation or termination. They typically limit where a former employee may work within a specific geographic region.
Dispute Resolution: Sometimes, the agreement may indicate how to solve disputes, which could include legal processes, arbitration, or mediation.
There are some clear advantages as well as drawbacks to having an employment contract in place. Advantages of employment contracts are the following: clearly defined duties and benefits; protection of both employers and employees; stability. The primary drawback ofanemploymentcontractisthatitlimitstheemployer’sandemployee’s
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flexibility.Boththeemployerandemployeearelegallyboundtotheterms ofthecontract,anditcannotbechangedwithoutrenegotiatingtheterms.
Based on (https://www.contractscounsel.com/t/us/employmentContractCounsel-contract)
8. Make up word-combinations and compose sentences of your own |
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contract |
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enforceable |
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medical |
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insurance |
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notice |
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slips |
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pay |
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probationary |
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trade |
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secrets |
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without |
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protection |
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resignation |
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solicit |
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termination |
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employees |
9.Findthecorrectclauseheadingfromthetextforeachofemployment contract1. Employerclausesgivenshallbemploylow: Employee as a senior office manager on a full time basis under this Agreement. In this capacity, Employee shall have the following duties and undertake the following responsibilities ….
2. Employee’s employment under this Agreement shall begin on [DATE] and will terminate on [DATE].]
3. Employee’s probation period shall be 3 months, starting from the first day of Employee’s employment. In the event that Employee fails to pass the probation period, Employer may terminate this Agreement immediately by giving notice to Employee.
4. As compensation for theservices provided by theEmployee under this Agreement, Employer will pay Employee 15 $ per hour. Theamount will be paid to the Employee once a week on the first day of each week.
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5.EmployeeagreesandcovenantsduringthetermofthisAgreement and for a period of 12 months following the voluntary or involuntary termination of Employee’s employment, not to:
a. Provide goods or services which directly or indirectly compete with Company;
b. Invest either directly or indirectly in a business that directly or indirectly competes with Company;
6.TheEmployeemayterminatethisAgreementandtheiremployment at any time by giving 14 days’ notice in writing to Employer.
0. Read the text again and decide whether the following statements
aretrueorfal .Ifthestate |
isfalse,cor e |
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1. A well-structured employment contract will protect the interests |
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outlines the conditions under which |
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2. A termination clause |
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an employee cannot work for a competitor or start their own business |
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incompetitionwiththeemployeraftertheyleavetheircurrentemployer. |
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3. Intellectual Property Rights clause makes anything the employee |
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develops during work hours the employer’s property. |
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4. An optional part of any employment contract is the termination |
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clause. |
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5. Any written employment contract should contain a brief job |
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description and the basic terms of employment. |
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6. The employee’s initial pay rate should not be part of the contract. |
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7. Job Description and |
Duties Clause |
should state the names |
of the employer and the employee, the job title, start date.
8. Work Schedule and Hours Clause outlining the working hours, breaks,andovertimepolicyofthecompanydoesnotneedtocomplywith relevant labour laws as the parties have the right to agree otherwise.
TEXT 3
11.Read the text quickly and name all the types of a) voluntary and
b)involuntaryterminationofemployment:
TERMINATION OF EMPLOYMENT:
TerminationRIGHTS,of employmentTYPES, ANDrefersLEGALtoCONSIDERATIONSthe departure of an employee from a job and the subsequent ending of their employment contract.
Thiscanhappenvoluntarilybytheemployee(resignation)orinvoluntarily bytheemployer(dismissal).
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V luntary termination occurs when an employee leaves their |
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employment, either by choice or through a mutual agreement with |
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the company’s human resources department. Examples of voluntary |
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termination include resignation, retirement and the end of a fixed-term |
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contract. |
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Resignation is typically initiated by the employee for personal or |
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professionalreasonsthroughaletterofresignationoraverbalresignation. |
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The employee must usually give the employer notice before leaving, |
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as outlined in their contract. Resignation does not require the employer |
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to provide a legitimate reason for the termination, as the employee |
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decided to go. The employee might not receive unemployment benefits |
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if they choose to resign. |
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Incaseofretirementtheemployeechoosestoleavehis/herworkdue |
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to reaching theage ofretirement. Company owners may offer retirement |
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benefits to employees, such as a pension or health insurance, asoutlined |
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in the employee’s contract or company policy. |
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The end of a fixed-term contract is also considered a voluntary |
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termination, as both the worker and employer have agreed to the terms |
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and end date of the agreement. The employee is not required to give |
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notice, as the contract’s end date serves as the notice period. Employers |
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may choose to renew the contract or offer a new contract to the worker |
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upon the end of the fixed-term contract. |
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Ontheotherhand, |
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andoccurswithouttheemployee’sconsent.Thetwomostcommonforms |
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involuntarytermina ion |
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of involuntary termination are dismissal and redundancy. |
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Dismissal is the termination of employment due to an employee’s |
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conductorperformance.Itoccursforreasonssuchasrepeatedviolations |
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of company policies, poor job performance, or misconduct. In such |
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cases, the employer must provide the employee with a valid reason for |
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dismissal and follow theappropriate procedures outlined ingovernment |
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regulations and the employee’s contract. |
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Redundancy is employment termination due to company operations |
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or restructuring changes. It can occur when a company downsizes, |
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relocates, or due to automation of specific jobs. If the worker is made |
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redundant,theemployermustprovideavalidreason,givetheterminated |
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employee notice, and may be required to provide a final paycheck. |
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termination-of-employment) |
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