Английский язык. Профессиональная лексика для юриста. Учебное пособие

Unit II

LABOUR LAW

Subject of study:

A.Labour and Employment Law

B.Employment Contract

C.From the History of Labour Law

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TEXT A. Labour and Employment Law

Read and translate the text. Do the exercises given below.

The term “labour law” has generally been used to refer to that area of practice that deals with the relationship between management and organized labour, as governed in the USA by federal labour laws, including the National Labor Relations Act and the Railway Labor Act, or the workforce as a whole, as governed by such laws as the Fair Labor Standards Act and the Family and Medical Leave Act. “Employment law” is a term that generally refers to the relationship between individual employees and their employers, as governed by a variety of statutory laws that prohibit discrimination and the common law that prohibits “wrongful discharge”. As a rule, much of the traditional labour law practice is the domain of a relatively few attorneys, working in a certain state, who represent the prominent labour unions and the management attorneys who oppose them. Employment law is practised by a variety of attorneys, many of whom represent employees while also practising in other areas. On the employer’s side, many attorneys who represent businesses, both large and small, in all kinds of business matters, find themselves dealing with employment law issues even if their clients have never had any kind of traditional labour-management disputes. Lawyers are expected to advise on the negotiation of work agreements, the appraisal of corporate initiatives to determine whether they are lawful, the negotiation of settlement agreements in employment disputes and litigation in employment tribunals and courts. So practitioners have the opportunity to work on a range of different legal issues and with a variety of different clients, includ-

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ing individual employees, non-governmental organizations, trade unions, and corporations.

This broad scope means that labour and employment lawyers are always in demand – a factor that draws many lawyers to the field. But beyond job security, the field also represents an intellectually stimulating career path. The most fascinating thing about this branch of law is the intermingling of social, political and legal issues with human issues and personal stories. A lot of the work involves addressing problems of abuse of power in the workplace and helping people who are in difficulty.

If you should choose to work in this area, you will find that it is more of a vocation than a job.

Vocabulary Practice

Exercise 1. Read the words. Mind the stress.

Exercise 2. Complete the list of derivatives. Use a dictionary if necessary.

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Exercise 3. Form the words with opposite meanings by adding the following negative prefixes: in-, non-, un-.

Exercise 4. Match the words having the same or close meaning.

Exercise 5. Match the following words with their definitions.

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i)the use of legal powers in an illegal or harmful way

j)a system when working people pay money regularly to the government and receive payments when they are unable to work

Exercise 6. Complete the sentences below using the following prepositions: against, at, for, from, in, on, to, under.

1.It is unlawful for an employer to discriminate __ applicants based __ sex or marital status. However, there are exceptions __ this rule, such as where sex or marital status is a genuine occupational qualification.

2.Employers are required to make reasonable adjustments __ the place of work to accommodate disabled persons.

3.A directive concerning entitlement __ parental leave will soon be revised by the committee.

4.Solicitors are not immune __ employment law cases being brought __ them.

5.Some of the employees were caught taking drugs while they were __ the job.

6.The legal position __ drug testing __ work isn’t at all clear at present.

7.If you subject your employees __ drug testing, you can be sued __ violating the employees’ right to privacy.

8.__ certain circumstances employers are entitled to dismiss an employee __ work-related drug use.

Language Development

Exercise 1. Mark the statements which are true and prove your idea, making use of the text.

1.The terms “labour law” and “employment law” refer to the same notion.

2.Labour law is practised by a large number of attorneys.

3.Employment law forbids unfair dismissal.

4.Lawyers representing businesses deal with employment law issues even if their clients are not involved in traditional labourmanagement disputes.

5.The demand for labour and employment lawyers is decreasing.

6.It’s not enough to be a knowledgeable lawyer to cope with challenging cases coming from the employer-employee relationship.

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Exercise 2. Fill in the appropriate words from those given in the box. Give the summary of the text.

Employment tribunals

Lawyers are often consulted in employment rights disputes, providing consultation and representation for clients who want to make or defend 1.__to an employment tribunal.

Employment tribunals are 2.__bodies established in the UK to 3.__disputes between employers and employees over matters involving employment rights, such as 4.__dismissal, redundancy payments and discrimination.

Generally speaking, the handling of a claim in the UK proceeds as follows: firstly a 5.__submits a claim, usually in person, to an employment tribunal. If there are any outstanding issues concerning such things as witness 6.__, necessary documents, etc., the chair of the tribunal then holds a case-management discussion to 7.__ them. Sometimes this is followed by a pre-hearing 8.__or review, which the claimant may attend if desired, at which time the tribunal decides whether the claim has 9.__. Lastly, there is a final hearing where a decision is made as to whether the claim succeeds or fails, and if it succeeds the amount of damages to be 10.__.

To sum it up, if the tribunal decides that the law has been broken, it can award compensation for 11.__loss, as well as for injury to feelings or health which has been 12.__as a result of the discriminatory treatment. Furthermore, a tribunal may also award 13.__damages if the injury to feelings has been made worse by the manner in which the discrimination has been carried out. In certain circumstances, the tribunal may even order exemplary damages in order to 14.__the respondent.

Exercise 3. Speak on the essence of “labour law” and “employment law”, using the following plan.

The application of the terms “labour law” and “employment law”: to refer to sth, to regulate the relationship between sb, to be governed by laws, workforce, individual employees, organized labour, to prohibit sth, discrimination, wrongful discharge.

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The professional domain of lawyers practising labour and employment law: labour (trade) unions, management attorneys, broad scope, appraisal, negotiation, employment disputes, settlement agreements, litigation, employment tribunals, abuse of power, a variety of clients, intermingling of issues, vocation, to be in demand.

Employment tribunals: judicial bodies, to resolve disputes, unfair dismissal, redundancy, claimant, to submit a claim, pre-hearing assessment, to have merit, to hold a final hearing, to award damages, compensation for financial loss, to suffer injury to feelings or health, discriminatory treatment, aggravated damages, to punish the respondent.

TEXT B. Employment Contract

Read the text and get ready to discuss it.

The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer are regulated through the contract of employment. This has been the case since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things, to protect employees, and facilitate a fluid labour market. In the U.S. for example, the majority of state laws allow for employment to be ‘at will’, meaning the employer can dismiss an employee from a position for any reason, so long as the reason is not illegal.

In many countries law requires the employer to provide the employee with a document containing the terms and conditions of employment. This aims to allow the employee to know expressly what to expect; in terms of wages, holiday entitlement, notice in the event of dismissal, job description and so on.

A contract ‘starts’ as soon as an offer of employment is accepted. Starting work proves that you accept the terms and conditions offered by the employer. Most employees are legally entitled to a written statement of the main terms and conditions of employment within two calendar months of starting work.

The following information should be included in one single document known as the principal statement:

•name of employer and employee

•the date of employment

•job location

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•pay (specifying whether it is weekly, monthly, etc )

•working hours

•holiday entitlement

•job description / job title

•details of any collective agreements that directly affect the employeeʼs conditions of employment.

Additional information can be provided in other documents such as staff handbooks or intranet sites. Examples of such provisions can include, but are not limited to:

•sick leave and pay entitlements

•pensions and pension schemes

•disciplinary and grievance procedures

•appeals under the disciplinary and grievance procedures. Some people might assume that a contract of employment con-

sists of only those things that are set out in writing between an employer and an employee. Itʼs true that many of the main issues, such as pay and holidays, are usually agreed in writing.

But contracts are also made up of terms that have not been spelt out. This is either because they are:

–too obvious to mention: for example, you would not expect a contract to say that “an employee will not steal from an employer”;

–necessary to make the contract work: for example, if you are employed as a driver it is assumed that you have a valid driving licence;

–custom and practice: some terms of a contract can become established over time.

However it is best to put a contract in writing as it saves a lot of potential misunderstanding.

Exercise 1. a) Match the headings with the contract clauses.

Confidentiality

Disciplinary procedures

Dismissal

Holiday entitlement

Probationary period

Salary

Termination of employment

Time sheets

A.There will be a probationary period of (*usually three months). At the end of this period the position will be reviewed and if

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