English_for_Lawyers_2011

Unit 3. The Basic Aspects of Labour Law in Ukraine. Section 1. Ukrainian Labour Law

rates; the basic annual paid vacation of an employee shall not be less than 24 calendar days; transfer to another job, work at another company or in another location can be carried out only with the consent of an employee; changes in material work conditions (modification of the system and amount of labour remuneration, benefits, work regime, etc.) can be introduced upon provision of 2-months prior notice to an employee, etc.

Employees are entitled to join the trade unions. Ukrainian law vests trade unions with significant powers, namely: to conclude a collective agreement on behalf of the employees; to consider issues on introduction, revision and change of work norms, labour remuneration, additional payments and benefits; to consider the need for overtime work, issues on the dismissal of employees at the demand of the employer; to control the performance of employer’s obligations with regard to labour and labour protection law, etc.

In 2003 the Parliament accepted the new draft Labour Code as a basis. The bill is still being worked on. The latest draft determines the borders of extension of the labour law to relations with foreign participation, stipulates the rules of succession in employment relationship, the terms and conditions of employment of a chief executive, etc.

II.COMPREHENSION

1.Answer the questions.

1.What year did the Labour Code of Ukraine come into effect?

2.What is the basis of the employment relationship?

3.What is the difference between employment agreement and employment contract?

4.What major requirements are to be observed by an employer?

5.What powers are vested in trade unions by Ukrainian law?

6.What does the latest draft of Labour Code determine?

2.Are the following statements true or false? Find reasons for your

answers in Text 1.

1.Only the Constitution of Ukraine proclaims major labour rights and guarantees.

2.There isn’t any difference between employment agreement and employment contract.

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3.The latest draft of Labour Code is perfect and isn’t required any improvement.

4.The Labour Code of Ukraine doesn’t provide the clear term of annual vacation.

5.Trade unions are entitled to have agreements only with an employee.

6.The Labour Code of Ukraine foresees the employment provisions as the basis of employment relations.

3.Complete the following sentences according to the information

from Text 1.

1.Ukrainian law distinguishes between an employment_________

and employment_________.

2.An employer should observe the following requirements: to provide an employee a minimum_______, an annual paid ________ etc.

3.An employee has the right to associate in________ __________.

4.Ukrainian law vests trade unions with such powers as: labour_________, issues on________and so on.

5.The new _________of Labour Code was accepted by the Parliament.

III. VOCABULARY STUDY

1.Give the English equivalents for the following words and word combinations:

приєднуватись до/вступати; оплата праці; матеріальна допомога; понаднормова праця; відповідальність; заява робітника; заробітна платня;

адміністративний наказ; скарга; звільнення.

2. Fill in the missed letters using the definition above.

1. A person who is hired to work for another or for a business, firm, etc., in return for payment.

_ m _ _ o_ _ _

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Unit 3. The Basic Aspects of Labour Law in Ukraine. Section 1. Ukrainian Labour Law

2.Those areas of law which are part of the relationships between employers and employees and between employers and trade unions.

_a _ _ _ _ _ _ w

3.(In England, Scotland, and Wales) a tribunal that rules on disputes between employers and employees regarding unfair dismissal, redundancy, etc.

_ _ p _ _ _ _ _ _ _ _ r _ _ _ _ _ l

4.A regular payment made by an employer to former employees after they retire.

_ _ _ _ _ _ n

5.A fixed regular payment made by an employer, often monthly, for professional or office work as opposed to manual work.

_ _ _ _ _ y

3.Match the words with their definitions considering differences in their meaning.

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4. Translate the text into English.

Трудове право — це галузь права, яка регулює трудові відносини між робітником та роботодавцем, трудовими колективами та профспілками. Трудовий кодекс України, що набрав чинності в 1972 році, встановлює вимоги, які повинен виконувати роботодавець. Серед них є такі: місячна заробітна платня повинна бути не нижчою від мінімальної, встановленої законом; робочий тиждень не повинен перевищувати 40 годин; оплачувана відпустка не менше 24 календарних днів; понаднормова робота дозволяється тільки при обставинах, передбачених законом і за умови подвійної оплати; переведення на іншу посаду та місце праці здійснюється лише за згодою самого працівника і т. д.

IV. GRAMMAR FOCUS

1.Using the information below find in the text the sentence with these words, translate it. Give your own sentences with these adjectives.

The former – the first of two people or things that have been mentioned: distinguished from latter.

The latter should only be used to refer to the second of two items.

2.Complete the text with the correct form of the verb in brackets (Passive or Active). Explain grammar phenomena of the

underlined words. Translate the text.

The existing labour codes _______(contain) conditions of work, individual employment relations, wages and compensations and so on. The activities and rights of trade unions also_______(regulate) by labour law. The latter also covers the issues of making and terminating individual employment relations. Historically speaking, this kind of law used_______(describe) as the law of master and servant. The Ukrainian Labour Code provides that an employment contract is a special form of employment agreement that may_____(use) only where permitted by law. It should______(note) that unlike common-law countries, the civil-law ones attach more importance to the individual contract of employment.

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Unit 3. The Basic Aspects of Labour Law in Ukraine. Section 1. Ukrainian Labour Law

V. SPEAKING

1.Explain the difference between these words using all information from the unit.

–employer and employee

–employment agreement and employment contract

2.Work in pairs. Choose 5 questions which you take an interest in and ask your partner to answer them and vice versa. Discuss them with the group.

1.What legal steps should you take in employment recruiting?

2.During the application and interview process, what qualifications can an employer look for?

3.What would an illegal advertisement contain?

4.What are permissible and impermissible interview questions?

5.Do you have to give references?

6.How must employees be paid?

7.Should you be paid for lunch and rest breaks?

8.Are you entitled to overtime for working on weekends, holidays, or at night?

9.What is the minimum wage?

10.Is drug testing legal?

3.Work in pairs. Choose any word or word combination from the

list below and let your partner guess the word you have chosen. Your partner should ask you questions and your answer must be just “Yes” or “No”. There will be no more than 20 questions.

Employer, employee, labour law, dismissal, grievance, wage, trade union, collective agreement, collective contract.

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Part V. Private Law

Unit 3. The Basic Aspects

of Labour Law in Ukraine

Section 2. The Main Terms and Conditions of Employment (statutory rights of employee and employer)

I. LEAD-IN

1. Match English and Ukrainian phrases:

2. Find 2 synonyms for the nouns in the box:

right, term, employment, dismissal, compensation, wage, entitlement, contract, prerogative, specifications, redundancy,

permission, job, repayment, claim, privilege, discharge, request, provisions, right, agreement, redress, salary, work, demand, bargain.

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Unit 3. The Basic Aspects of Labour Law in Ukraine. Section 2. The Main Terms...

Read the text.

TEXT 2

THE MAIN TERMS AND CONDITIONS OF EMPLOYMENT

The state has extensive authority over labour relation matters, including the labour market, unemployment, social insurance, labour safety, standard employment conditions and resolution of labour disputes. The state provides additional employment guarantees to women with children under the age of 6, single mothers with children who are disabled or under the age of 14, senior citizens of pre-retirement age and persons released from prison.

The Labour Code, which covers nearly all aspects of employee relations in Ukraine, governs employment agreements and contracts; working hours and time off; compensation and social benefits; discipline; employment of women and minors; resolution of employment disputes; liabilities of employees and employers.

The Labour Code provides that an employment contract is a special form of employment agreement that may be used only where permitted by law. While an employment contract may be entered into for a definite term or until a specific job is completed, an employment agreement, being the major legal basis of employment relationships, is usually concluded for an indefinite term.

An employment contract allows for more discretion in determining employment rights and duties, including working conditions, termination, compensation and benefits. A contract usually provides benefits to an employee as compensation for the contract’s limited duration, including a longer annual vacation and more flexible working hours than those provided by the Labour Code. Neither a contract nor an agreement may diminish the employment guarantees provided by the Labour Code, other labour laws and regulations, or applicable collective agreements.

An employment contract must be in writing, however, an employment agreement may be verbal. Either party may terminate an employment contract if the other party defaults, provided that the non-defaulting party provides a two-week notice. Under an employment agreement, the

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employee may terminate the agreement upon two-weeks notice, while the employer must provide two-months notice when the termination is because of liquidation, reduction in force or reorganization.

At the time of hire, an employer and employee may agree to a probationary period to determine if the new employee is suited for the job. The probationary period may not exceed three months.

An employee’s rights at work will depend on the statutory rights and the contract of employment. All employees, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer, within two months of starting work. The statement describes the main terms of the contract of employment.

–job title

–wages

–hours of work

–holiday entitlement

–sick pay

–pension schemes

–notice

–grievance, dismissal and disciplinary procedure.

Many employees will be entitled to statutory sick pay if they are off work due to sickness. In addition, some employees may receive occupational sick pay from their employer but this will depend on their contract of employment.

All employers have a statutory duty to take care of the health and safety of all their employees, for example, they should provide first aid equipment, and adequate means of escape in case of fire, protective clothing and ensure all machinery is safe.

II.DEVELOPMENT

1.Using information from the text define whose rights are below (employer’s or employee’s).

1.The right to take the case to an employment tribunal.

2.The right to redundancy payments.

3.The right to dismiss for reasons such as misconduct or poor work.

4.The right to claim compensation if unfairly dismissed.

5.The right to written reasons for dismissal.

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Unit 3. The Basic Aspects of Labour Law in Ukraine. Section 2. The Main Terms...

6.The right to take paid parental leave for parents.

7.The right to interview the applicant.

8.The right to dismiss for theft.

2.Read the sentences about employer’s duties. Find 10 mistakes and correct them.

1.An employer should reduce an employee’s duties, which can be implied by the law or may be found in the employment contract.

2.An employee should pay an employer the agreed amount.

3.An employer should provide an employee with work, gifts and rest.

4.An employer should breach sick and safety regulations.

5.An employer should give an employee incorrect information about rights under their contract.

6.An employer should take an employee a reasonable opportunity to have its complaints looked at.

7.An employer and an employee also owe each another a duty of "Mutual (взаємний) Trust and Confidence", basically they must show contempt for each other.

8.An employee will be entitled to at least 10 weeks holiday in any one year period.

9.An employer shouldn’t pay contractual illness pay.

3.In each sentence, there is one word which is wrong. Find the mistake and correct it. Translate the sentences.

Example: All companies should have a dignity at work police. policy

1.Labour responsibilities advocates work to prevent child labour.

_______

2.They think that child labour as exploitative, cruel, and often economically damaging. ________

3.Child labour opponents often argue that walking children lack of education. ________

4.Child labour is the employment of children over the age determined by law or custom. __________

5.This practice is considered exploit by many countries and international organizations. _________

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4. Translate the following into English.

1.Статутні права та обов'язки працівників та працедавців.

2.Неможливість насильства з боку як працівника, так і працедавця.

3.Право на працю.

4.Право на заробітну плату.

5.Право на відпочинок.

6.Право на безпечні та здорові умови праці.

7.Право працедавця подати позов на працівника за крадіжку.

8.Гарантії трудових прав працівника.

9.Право на об’єднання в професійні спілки.

10.Право на безоплатну професійну підготовку.

III. PRACTICE AND EXPERIENCE

1.Imagine it’s an interview with an employer. Here are 3 parts of dialogues. Choose one of them and complete it with interviewer’s questions. Headline the dialogue on the basis of its content.

Notes: Interviewer (I.) Applicant (A.)

1.

Interviewer (I.)_____________________________________

Applicant (A.) – I'm fascinated by the latest development of international law, and I've always wanted to be in a position where I can develop my own initiatives.

I._____________________________________________________

A. – Well, I was born in Kharkiv, I really enjoyed school, and the academy where my lecturers understand me.

I._____________________________________________________

A. – My CV more or less reflects who I am. I'm an open book; it's all there.

2. I._____________________________________________________

A. – People say I'm good at my job. I._____________________________________________________

A. – I'm ambitious, communicative and can be quite persuasive, and I believe my sales skills reflect those qualities.

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