Английский язык. Профессиональная лексика для юриста. Учебное пособие

satisfactory the continuation of your employment will be confirmed. During the probationary period either party can terminate employment by giving one week’s notice.

B.As an hourly paid employee, your salary will be £ (insert weekday hourly rate before National Insurance Contributions and Tax deductions) for weekdays, £ (insert weekend hourly rate before NIC or Tax deductions) for weekends and bank holidays. Your salary is payable (insert either monthly or weekly) and will be paid on (insert date of salary payment. If monthly it could be the third working day of the month or last Friday in the month for example. If weekly insert day of payment) by (insert direct payment into your bank/cheque/cash).

The employer will deduct National Insurance and Income Tax as required by law. The employer may also deduct any overpayment of wages or holiday entitlement.

C.You will be required to complete a (insert either monthly/weekly depending on payment of salary) signed time sheet and submit this to the employer on (insert day of the month or week giving time to work out wages or send to payroll agency to ensure wages can be paid on the given date).

D.The holiday year is from (insert holiday year – usually either 1st January – 31st December or 1st April – 31st March). Your holiday entitlement must be taken during this period. Payment will not be made for any unused holiday and it cannot be taken into the next holiday period.

Should you leave employment and you have exceeded your holiday entitlement then this will be deducted from your final pay packet. If holiday entitlement is owed you will be paid for the outstanding entitlement.

E.All information regarding the employer, the employer’s family and the employer’s domestic or personal circumstances is strictly confidential and cannot be discussed with a third party without the employer’s specific permission, or in an emergency situation.

The employer will hold personal information about you as personnel records. The employer will abide by the Data Protection act and disclose this information only to the relevant third parties.

F.During the probationary period either party requires one week’s notice.

Up to two years of continuous employment you will be given one week’s notice.

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After two years continuous service you will be given one additional week’s notice for each completed year up to a maximum of 12 weeks’ notice.

G.Minor problems will be dealt with and resolved informally.

In cases of more serious problems, depending on the seriousness of the breach of terms and conditions of contract or conduct and performance of your duties, one of the following disciplinary actions may be taken.

•A verbal warning which will be confirmed to you in writing and recorded in your personnel file for a period of (six months is usual, but you must specify).

•A first written warning, which will be confirmed to you in writing and recorded in your personnel file for a period of (12 months is usual, but you must specify).

•A final warning which would be confirmed to you in writing advising that further misconduct could lead to dismissal and recorded in your personnel file for a period of (12 months is usual, but you must specify).

H.The employer reserves the right to dismiss you without notice in cases of serious breach of the terms of your employment, gross misconduct or gross negligence by you. In either of these cases there will be no period of notice given. If you are in your probationary period or first year of employment, only one warning is required before dismissal.

Before any of these actions are taken you will receive a letter setting out the details of the alleged misconduct and inviting you to a meeting to discuss the matter. You will have the right to be accompanied to the meeting by a work colleague or a trade union representative. After the meeting you will be informed if any further action will be taken. On receipt of the notification of the decision you may appeal but must do so within 10 working days.

b) Draft an employment contract including all the necessary clauses. Don’t forget the following ones: Employer’s name, Employee’s name, Date of commencement of employment, Job title, Duties and responsibilities, Hours of work, Sick leave.

Exercise 2. Translate into English.

1.Трудовое законодательство представляет собой отрасль права, регулирующую отношения между работниками и

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работодателями, а также тесно связанные с ними иные отношения. Правовое обеспечение трудовых отношений регулируется непосредственно трудовым кодексом, а также иными нормативно-правовыми актами, содержащими нормы трудового права.

2.Существование трудового законодательства необходимо для установления государственных гарантий трудовых прав и свобод граждан, создания благоприятных условий труда и обеспечения защиты от безработицы, защиты прав

изаконных интересов работников и работодателей.

3.Существует множество проблем в сфере трудового права. Одной из самых актуальных является дискриминация в сфере труда, которая наиболее часто проявляется при заключении трудовых договоров.

4.Наиболее часто имеет место дискриминация по половому признаку. Причинами дискриминации женщин чаще всего являются беременность, наличие детей или предполагаемое материнство в будущем.

5.Еще одной проблемой является несоблюдение работодателем положений Трудового кодекса. Руководители организаций идут на различные уловки, позволяющие воспользоваться недостаточной осведомленностью граждан

иизбежать расходов, связанных с выплатой увольняемому работнику положенных законом выплат.

TEXT C. From the History of Labour Law

Read and translate the text in writing. Make up the summary.

The modern employer-employee relationship was born in the 19th century, when huge numbers of people began to move to cities to take up waged labour. Labour laws and trade unions emerged to correct the imbalance of power between employers and employees, aiming to secure fairer working arrangements for employees. Since then, workers have been demanding better conditions, the right to organize, or, alternatively, the right to work without joining a labour union. And simultaneously employers have been making demands to restrict the powers of workers’ numerous organizations, such as trade unions, and to keep labour costs low. Employers’ costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or restric-

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tions on their free choice of whom to hire. Thus the state of labour law at any time is therefore both the product of and a component of struggles between different interests in society.

Apparently the field has expanded to address the rights and responsibilities of employees, employers, and their representative organizations arising in a tough economic climate. It covers a range of issues such as wages, discrimination, union activity, pensions, unemployment compensation, workplace safety, and workers’ compensation. And these issues will never disappear irrespective of whether companies are growing or downsizing.

The globalization of capital means that companies can now search the globe for the cheapest labour options, and this shift means that governments are under intense pressure to reduce labour standards or risk losing business and investment. On the other side, trade unions are losing their bargaining power, because employers can threaten to move jobs elsewhere.

In the light of this shift, the traditional labour and employment law model cannot provide employees with the same kind of protection as in the past, and lawyers are looking to other areas of law to find protections for vulnerable workers, including corporate and commercial law, insolvency law, social security law, harassment and discrimination law, immigration law, and international human rights law.

Furthermore, labour rights have been integral to social and economic development since the Industrial Revolution. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors will work. And government agencies enforce employment standards codified by labour law.

Points for discussion

1.The terms “labour law” and “employment law”.

2.Employment contract.

3.Employment tribunals.

4.Labour laws and trade unions.

Revision Translation

Трудовое право в мире

В настоящее время трудовое право в промышленно развитых странах мира признается одной из главных отраслей права. И это понятно, поскольку именно в сфере применения тру-

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Unit III

CONTRACT LAW

Subject of study:

A.Introduction to Contract Formation

B.Remedies for the Breach of Contract

C.Types of Contracts

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TEXT A. Introduction to Contract Formation

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

Contract law is concerned with legal rights and remedies resulting from agreements entered onto between individuals or companies. In most legal systems a promise becomes an enforceable contract when there is an offer by one party (offeror) that is accepted by the other party (offeree) with the exchange of legally sufficient consideration (a gift or donation does not generally count as consideration). Some legal systems require more, for example that the

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parties give each other, or promise to give each other, something of value.Acontract may be legally defined as a voluntary, legal, written agreement made by persons with the proper capacity. To distinguish contracts from other types of promises and agreements, courts have established basic elements that are necessary for a contract to exist. Hence it should include an offer, an acceptance and consideration. The law regards a counter offer as a rejection of the offer. Therefore, a counter offer does not serve to form a contract unless, of course, the counter offer is accepted by the original offeror.

An offer is a promise to perform an act conditioned on a return promise of performance by another party. It is recognized by a specific proposal communicated to another party. Once a legal offer has been made, the offering party is bound to its terms if the other party accepts. Therefore, the offering party must clearly indicate whether the proposal is an offer or some other communiqué, such as an invitation to negotiate. The offering party, however, may stipulate certain terms of acceptance, such as time limits, and even withdraw the offer before the other party accepts.

Acceptance, the second basic requirement for the existence of a contract, is legally defined as “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offeror”. As with offers and offerors, the courts look for an intent to contract on the part of the acceptor. The difference is that the offeror may stipulate terms of acceptance with which the other party must comply. If the offeree attempts to change the terms of the offer in any way, a rejection is implied and the response is considered a counter offer, which the original offeror may reject or counter.

Even if an offer is accepted, it must be consummated by consideration for a legally enforceable contract to exist. Consideration entails doing something that you were not previously bound to do outside of the agreement. In other words, promises must pay the price (consideration) that they agreed to pay the promisor in order to gain the right to enforce the promisor’s obligation. Without consideration an agreement is not binding – it is a naked agreement. However, although consideration must be sufficient, it need not be adequate. If a person agrees to sell his $50,000 house for $5,000, the buyer is giving sufficient consideration despite it manifests inadequacy.

For a promise to become an enforceable contract, the parties must also agree on the essential terms of the contract. These include price and subject matter. Nevertheless, courts will enforce a vague or indefinite contract under certain circumstances, such as when the

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