Posts Tagged ‘career’

A Short Online Overview Of Employment Law And Human Resources And Similar Studies

Wednesday, December 8th, 2010

employment law and human resources
Fisher & Phillips Charlotte Attorney Shares Wage and Hour Law Guidance with Iredell Employers
Charlotte - J. Michael Honeycutt, partner at the Charlotte office of Fisher & Phillips LLP (www.laborlawyers.com) was the featured speaker at the Iredell Human Resources Association where he presented "Department of Labor Promises More Aggressive Enforcement of Wage Hour Laws - What Employers Need to Know to Avoid Compliance Problems."
Sarah on BLR's 2009 National Employment Law Update

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A Limited Summation Related To » Texas Employment Law Salary

Thursday, December 2nd, 2010

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Does anyone know where the law is for a verification of employment?

is there a texas state or federal law stating that the employer is not allowed to give out an employers salary even with borrowers authorization to qualify for a home mortgage loan, more or less, an FHA loan?
if there is please give me a link.
or if there as anything regarding them having to with permission.

there is no law either state or federal, if they have a signed authorization they are free to give it to whomever has the authorization, if it was done without your permission there is little you can do unless it caused serious financial harm

Sallie Mae-Westwood Diploma Mill Federal Student Loan Fraud #2

The Reality As It Pertains To » Employment Law Tools Along With Similar Research

Monday, November 29th, 2010

employment law tools
ITUC Spotlight interview with US Domestic Workers United
Brussels, 29 November 2010 (ITUC Online): As of 29 November this year, domestic workers in New York State finally have a number of rights recognised, following the enactment of a new Bill of Rights specifically protecting them.
XpertHR valuable tool, by Fentons Solicitors

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The Reality As It Applies To » Employment Law Labor

Tuesday, November 23rd, 2010

employment law labor
What is the difference between employment law and labor law?

The two terms are often used interchangably or in connection with each other. For example, attorneys say they specialize in "labor and employment law." Labor law would mean all of the labor laws, such as the Fair Labor Standards Act, minimum wage, wage and hour laws, etc. Employment law would deal more with issues between individual employers and employees, in my understanding.

Good luck,
Dana (attorney with some labor and employment law experience)

A Brief Web Overview Of » Employment Law Postings

Sunday, November 7th, 2010

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Union vote at Foxwoods upheld
An administrative law judge has upheld the outcome of a July 31 election at Foxwoods Resort Casino in which employees in the casino's beverage department voted to affiliate with Local 371 of the United Food and Commercial Workers Union.
Labor Law Posters: Federal Labor Law Poster

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An Exposing Debate And Synopsis Related To Employment Law Legal Advice

Thursday, November 4th, 2010

employment law legal advice
Need legal advice on CIVIL DISABILITY and Felony Conviction?

If a felony conviction is viewed by the US Department Of Justice, and The US Department of Labor as a CIVIL DISABILITY and a tax credit is given to employers who hire an ex-offender, the why can employers who claim to be an EQUAL OPPORTUNITY EMPLOYER and state on their job application that they DO NOT DISCRIMINATE AGAINST ANY RACE, RELIGION, OR DISABILITY, deny an ex-offender employment. That constitutes a violation of numerous disability acts and goes against federal law. The recidivism rate is high enough and without the ability to gain employment, what chance does an ex-offender have to gain a productive role in society?

I have that problem. I'm well qualified for the job that I apply for, but have felony convictions from over ten years ago and can't get hired. Can I collect disability from the government?

Employment Law

A Revealing Debate And Summary Regarding » Employment Law Free Advice As Well As Other Analyses

Thursday, November 4th, 2010

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What type of small gift can I give to a lawyer who provided some free legal advice?

I called up a law firm I hadn't dealt with before with a quick question about a particular area of law and faxed a document. One of the lawyers called back and verbally told me what he thought (it had to do with an employment contract). When I asked how much I owed, he said it was "on the house" and he was happy to help.

My question is what can I send him as a token of my appreciation? I thought it was nice of him not to bill me.

A nice bottle of scotch

Estate Planning : How to Find a Pro Bono Lawyer

A Brief Internet Conclusion Of » Employment Law Advice Centre

Sunday, September 26th, 2010

employment law advice centre
Hi can any help please am very worried about my job situation .I work for Royal Mail and my mail centre?

is going to close soon .We have know about this for over 2 years now .We where given options of what we could before christmas one was go to another mail centre much furthe away and to far for me to travel or taken redundacy with a enancement so i go talk at time i would get £5500 but don,t if i can trust them on this as they have changed the goal post that many times .Can some who as took redundacy from Royal Mail please if they kept there early promise of how redundacy they would get payed .Also some from employment law give me some advice on thiis .I have worked there 2 and years

http://www.adviceguide.org.uk/index/life/employment.htm
http://www.acas.org.uk/index.aspx?articleid=1365

BPP Pro Bono Centre - Employment Law Telephone Advice Line (ELTAL)

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Regarding » Texas Employment Law Websites Along With Comparable Studies

Saturday, September 25th, 2010

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In The Papers 22 September
Trintech receives takeover attention | Tyndall and Intel sign research agreement | Shared services centres to create jobs | HP, Oracle settle Hurd dispute | Twitter plans targeted ads
Goldman Sachs economic mafia ^^

A Short Online Conclusion Of » Employment Law Texas Employers

Monday, September 20th, 2010

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Can a background check company in Texas reveal a non criminal conviction (from another state) to an employer?

I know in some states it is illegal for a background check company to reveal a non criminal conviction (violation) to an employer. Is this the case for employment background checks done for employment in Texas, and if so where in the law does it state this? Does it matter if the background check company is physically located in Texas or is there a loop hole for this?

In Texas and other states, employers have the right to do criminal background checks themselves, but most employers hire a service to do that .

The Fair Credit Reporting Act (FCRA) requires an employer to get written authorization from an applicant to do a credit check if an outside agency will be used – in addition, if the applicant is turned down, the employer must tell the applicant why and let them know the name and address of the service that furnished the information.

The FCRA prohibits credit reports from including non-criminal violations, such as a conviction that only results in a fine. The FCRA applies nationwide.

Note that the restriction on reporting non-criminal convictions only applies to credit reports. If the employer does the research himself, he is entitled to any information that he obtains from public sources, and all convictions (of any type) are public information. The employer can also purchase a background check that could reveal the same information as long as it is not included in a credit check.

You can perform a free background check yourself to see what information is available.
Like many answers, it all depends on the details:
What information do you want?
How much work are you willing to do to get it?
How fast do you want it?

If you are willing to do some work yourself, you can perform a background check on someone for free.

Criminal Background Check:
Criminal records are kept by the Clerk of Courts in each courthouse. Every city, town, county, state, and the federal government have their own courthouses. We know there are 50 states, 3000 counties, and over 30,000 cities, towns, or townships in the USA. That is a lot of courthouses, and most of them do not share their information. However, it is all public information, and you are allowed to review it.

If you know where the subject person has lived and traveled, then you know which courthouse records to check.

Do-it-Yourself Free Background check issues:
a)One problem is finding out your subject-persons lifetime travel history. He could have committed a crime anywhere he has ever been.
b)2nd problem is the amount of work you must do to check every courthouse in those locations.
c)3rd problem is that you could miss important records if you miss any of the locations that your subject-person has been to.
d)4th problem is cost. If the courthouse has digitized their records and published them on a website, then you can often review them for free. But if you must travel to the courthouse, that requires your time and travel costs. Finally, if you get copy of the record, some courthouses charge $1 per page. Wow! That can be expensive.
e)So a do-it-yourself background check may cost you a significant amount of money if you want to perform a complete background check.

Other Records:
You will probably want to check out some other records on you subject-person.
Do your want to know about:
Marriages and Divorces
Bankruptcies
Tax liens
Civil law suits
Professional licenses
Corporate ownership
Property ownership.

All of that information is public, and you can review it. But, you have the same issues that you had with the Criminal Records. The information is not all in one place. You have to find out where it is, and you may have to travel to those locations.

Information Aggregators
On the internet, some companies specialize in collecting all of this public information, putting it in their database, and making it available for instant access. For example, Illinois Youth Soccer (http://www.iysa.org) has a Risk Management publication that refers to
http://backgroundsearch.com

You can review some of this information for free and get the results immediately on the internet.

How to Perform a Do-It-Yourself Free Background Search & Check:

Step #1 – At an information aggregator, like BackgroundSearch.com , you can put in your subject-person’s name and find every city that he lived-in. That website provides this information for free. You can enter as many names as you like, as many times as you like. Now you know which courthouse records to review.

Step #2 – At the same website, you can find a list of the Criminal Record Offices of every city, county, and state in the USA, along with their website (as reported to the U.S. government.).

Step #3.- Go to the courthouse website, or to the courthouse (if they do not have a website), and review their public records.

Step #4 – Back at BackgroundSearch.com, you can find the Record Offices for Vital Records (Marriage, Divorce, Births, Deaths). Repeat step #3 for Vital Records and any other type of records that you need.

Purchasing a Background Check:
If you want to get a complete report, instantly, you can purchase a comprehensive background check from BackgroundSearch.com (or other information aggregators). Every company (without exception) will charge you something for a complete background check. The companies have to cover their costs to gather all of the public information, put it in a database, keep it up to date every day about everyone, and make it available to you on the internet for instant access.

Sex Offenders:
The U.S. government does keep a list of all convicted sex offenders in one place. You can find it here: http://www.nsopr.gov/
Source(s):

Good luck with your background check research.

Workforce Solutions Upper Rio Grande Employer of the week Alpine Access

A Small Summation Related To » Employment Law Careers

Wednesday, September 8th, 2010

employment law careers
No retirement for these older folks, just work
The preparation before work each morning starts in a methodical fashion. By 6 a.m., Morris Wilkinson, a 91-year-old letter carrier, irons his postal worker uniform -- a crisp, collared shirt and gray slacks -- a habit he formed while in the Marines during World War II.
Employment Outlook: Hedge Fund Losses May Result in Massive Job Cuts

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The Truth As It Relates To » Employment Law Milwaukee

Tuesday, September 7th, 2010

employment law milwaukee
Newspaper will appeal ruling
The Juneau County Star-Times will appeal a Circuit Court judge's decision that blocks the newspaper's access to an attorney's bills.
Milwaukee Disability Claims Lawyer Wisconsin Attorney

The Reality As It Correlates To » Employment Law Offices In Chicago

Monday, September 6th, 2010

employment law offices in chicago
Is there any way to get hired quick as a pharmaceutical salesperson. Please help. These are good jobs.?

I am a college graduate with my BA degree in history. I worked at a Law office doing research and taught school also. I want to get into pharmaceutical sales. The salary is good along with the benefits. I have applied online to many companied through Monster.com with my resume. I had a professional resume writer help me re-work my resume. I have not heard anything back in the last 30 days. I also have a keen interest in working with AMTRAK train in Chicago. Again, resume was sent online and to their phisical address. Many og their positions I am qualified for. Probably very political. I even wrote my local state Senator for his guidance with AMTRAK in Chicago, since he is from Chicago and I enclosed my resume for his ready reference. Two weeks have passed and no response yet. I need gainful employment commersuate with my life experience and educational attainment. Please help.

I would recommend networking. Do you know any pharmaceutical reps? Do you know anybody who does? Meet with them, talk with them about their job to see if it would be right for you, ask them if they could point you in the right direction of the person you need to talk with. When you send your resume in, it most likely is just being thrown into a larger pile of resumes. You need to make contact, meet the actual decision maker face to face, etc. I imagine you should take the same approach with getting a job at AMTRAK. Ask around, find someone who works there. Knowing someone is a big hurdle in getting you through the door. Good luck, I hope you nail the job you want!

Law Office Of Ryan Scott Nalley - Chicago, IL

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A Short Summation On The Subject Of » Employment Law Resume

Sunday, August 22nd, 2010

employment law resume

The Importance of Employment History Verification

Employment history verification is essential for many reasons. Job applicants may lie on their resume to cover up previous employment problems, and even periods of imprisonment that they obviously do not want to reveal in an application for a new job. You are obliged not only by law, but morally, to make as sure as you possibly can that your employees are not harmed through your employment of an unsuitable candidate.

Your verification procedure should detect any false dates of employment provided, any exaggeration of positions or responsibilities held and the possibility of fictitious employers being named. Why does this happen? Why do some candidates feel it necessary to fabricate their resumes or CVs in this way? It is, in fact, not all that uncommon, and there have been some prominent cases reported in the press. Let’s examine some reasons why people do this.

A very common reason for stating false periods of employment with specific companies is to hide dismissal for inappropriate behavior, violence to other employees or theft. Any one of these could provide a good reason for finding an employer guilty of negligible hiring, and this itself introduces a problem. While it is essential that you identify these applicants, the previous employers might be loathe to provide details to you that could indicate them to have been negligent. Sometimes only a professional investigator can get to the truth of these situations.

Another reason is to hide a period of conviction, so someone released from prison can be confident of finding employment quickly. It is easier to provide a fictitious employer, or extend the period of the previous employment. Such temptations can be irresistible to a person desperate to find employment.

If questioned on the reasons for the job changes indicated on the resume, an applicant can provide a change of state or county, or even the desire for advancement, as a reason. They all sound plausible, there having been plenty of time for rehearsal of the story! Both of these excuses, or reasons, are common and are difficult to disprove if previous employers are loathe to provide full employment details. This is particularly true of lies told regarding positions of responsibility. Many employers will agree to provide employment dates if pushed, but no more. Not even severance details.

If you feel that something is not ringing true, or just feel a little bit nervous about the person you are interviewing, you are advised to have a professional carry out full employment history verification, and even a criminal record investigation. These are not tasks that can be given to an employee untrained in the techniques, and the job is too important to your company to hesitate on. A full employment background check should be carried out because you have a duty of care to your workforce.

If the position offered demands a certain level of management experience or seniority, then a few applicants will be tempted to exaggerate their previous employment. There are many recorded instances of candidates for senior positions falsifying their resumes in this way, and being offered the position only to be found out at a later date. This type of falsification is stupid because you will eventually be found lacking in the skills you should have had were your claims true.

You must carry out a full employee background check on all applicants to whom you are considering offering a job. The law requires that you take all steps to avoid negligent hiring, and failing to carry out employment history verification checks is regarded as employment negligence. The cost to your company can be crippling if someone you hired went on to injure an other employee, or even just steal from them.

Sometimes other employers can be difficult when asked for employment history, but if you provide them with a completed release of information form they should have no grounds for refusal. A professional can deal with this, since they do it every day. In fact, frequently, just asking the candidate to sign the release form when they make the application is sufficient to put them off.

If an applicant refuses to complete such a release form, then don’t employ them. The same should apply if previous employers refuse to provide full employment histories, and in such a case you should inform the applicant why they are not being considered for the job.

You must carry out a suitable and sufficient employment history verification to meet your own legal obligations, and you can have no excuses for failing to do so. You can try to do it yourself, or have one of your employees do it, but you are better advised to employ a professional in employee screening to carry out a professional job for you. You will then be able to sleep well at night without worry.

About the Author

Advanced Research arsbackgrounds.com is made up of a team of experts in HR, Risk Management and Legal Investigations. We provide a free consultation to assist you in mitigating your potential hiring risks.

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Concerning » Uk Employment Law Salaries And Similar Research

Saturday, August 14th, 2010

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Redundancy Alternatives For UK Employers

In the current recession, both restructuring and redundancies are becoming increasingly common. Large and small businesses may find themselves with little option but to shed staff just to keep their business going. It is an extremely stressful time both for employees facing potential redundancy and for employers and other HR and other managers involved in the redundancy process.

Redundancies occur where a job no longer exists or can be dispensed with for justifiable economic reasons of benefit to the employer. However, for employers thinking about making redundancies it is worthwhile looking into alternatives. Employers can consider the following options:

a) Stopping the use of temporary staff -- temps are often expensive due to the additional costs of using an agency and also maybe less productive than experienced staff. Can work be reallocated to existing staff instead?

b) Cutting workers' hours.

c) Offering sabbatical or unpaid leave.

d) Reducing the level of paid overtime.

e) Bringing in flexible shift patterns or annualised hours contracts.

f) Replacing part of a worker's salary with a performance-related bonus.

g) Converting the remuneration of sales staff from salary to a commission basis, where possible.

h) Developing new sources of work.

i) Cutting out unnecessary travel by replacing face-to-face meetings with phone and web conferencing.

Above all, when thinking about making changes to workers terms and conditions, it is essential for employers to talk to their staff and to explain the current position and discuss with them questions of changing conditions rather than simply imposing those changes -- which risks serious morale problems and legal claims for breach of contract. When carrying out such changes, those employers without their own internal human resources team will need advice from a specialist employment lawyer. Redundancy is a complicated area of law and too often employers wrongly use redundancy as the label for sacking employees. This involves significant risks for employers as employment tribunals are becoming very used to this trick and a claim for unfair dismissal claim can be very costly. Employers are well advised not to misuse the term redundancy, unless there is definitely a redundancy situation. Furthermore employers should make sure they know exactly what they are doing and that they follow the correct procedure.

Those employers who manage to apply some of these tips successfully to their own business should be better placed to survive and even thrive in the recession, be well placed for the recovery when it comes and in the meantime keep staff morale high.

About the Author

Tim Bishop is senior partner of Bonallack & Bishop, a firm of UK employment law solicitors with offices in the south-west, offering legal services to private and business clients. Tim has spearheaded the firm's expansion, seeing it grow by 1000% in the last 12 years. He is responsible for major and strategic decisions and sees himself as an entrepeneur who owns a law firm. Tim has firm plans for continued expansion of the firm.

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Another Quick Overview With Regards To » Online Employment Law Help

Friday, August 6th, 2010

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Does an F-2 visa allow online business?

Hi,

I know that F-2 visa doesn't allow any kind of employment with a payroll, but what about having an online shop?

I'm currently living in the US on an F-2 visa (my husband is a student). I really have nothing to do since I'm not allowed to work and I'm thinking to start a small online shop selling my artwork. Is this OK? Will I break the law if I do this?

Is receiving a bank transfer or a check (but not payroll) lawful for my case? And what about using PayPal?

Please help me. I'm desperate.
Thank you.

If you are making your money in the United States, that is generally considered work, whether it's through a traditional employer or through self-employment. And, unfortunately, F-2s are not allowed to work.

You could try to retain an immigration attorney to see if there are any ways to do it where everything is handled overseas, but if you're in the U.S., I think that will be tough.

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The Truth Of The Matter As It Applies To » Employment Law Shift Change

Wednesday, August 4th, 2010

employment law shift change
My work schedule was consistant for over one year then it was changed. Is there a law that protects....?

is there a law that protects my availability and scheduling to remain in it's consistency to reflect what it has been for a year straight?

My work schedule was always 8-4:30 with optional overtime. I have been working this for over a year and without knowledge my job just switched my hours. i have informed my job i am not available to be scheduled for other hours but they schedule me other shifts anyhow. I am curious if there is some kind of law protecting the consistency of my work schedule. I am a single mother with two children and jumping my work schedule around is getting tiring.
Another question. I have been with the company for over 6 years and on my application for employment my availability specifically states i am available from 8-5 mon through sat. for 4 years they did not abide by that no matter how much complaining i did. They complied with me for a year of 8-4:30 shifts and now they are changing it again? Anyone have any solid advice with proper knowledge?

No there's no law protecting your schedule. Companies can change your schedule however they see fit. If you work under a union there may be a claus dealing with seniority and scheduling which would offer you a way to keep closure to the schedule you had (if you had seniority)
Really the only thing you could do is find work elsewhere. Again, they are allowed to schedule as the see fit there are no laws granting employees the rights to certain schedules and no laws saying that employers need to abide by the availability times provided on an application. Sorry that's just the way it goes.

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A New Simple Overview Regarding Employment Law Free Advice Online

Friday, July 16th, 2010

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Where Can I Get My Free Credit Report and Other Questions Answered

You can get your free online Experian Credit Report at the FreeCreditReport web site when you sign up for a free trial of Triple AdvantageSM Credit Monitoring. Simply fill out your information for identification purposes, answer a few questions and your credit report will be available to you on-line, in no time at all, once your identity has been confirmed.

Your Username and Password will enable you to view your credit report on some of these services for 30 days over the Internet in the most secure environment that they can provide. You will also have access to an array of benefits located in services like - My Credit Center.

Getting your free Credit Report and Credit Score is the first step in knowing your credit. Monitoring your credit report allows you to stay on top of your credit on a daily basis.

You should do this to take the guesswork out of what/'s happening with your credit.

Your credit is one of your most important assets. Having good credit means you should have more options to borrow money at the lowest cost and from the best lenders. It also means that others who look at your credit such as landlords, insurance companies, or even prospective employers re less likely to turn you away or penalize you because you have poor credit.

Your personal credit report contains such information as your name, current and previous addresses, phone number, Social Security number, date of birth, and current and previous employers. Your spouse/'s name may appear on your version of the credit report, but it will not appear on the version that is provided to others. This information comes from your credit applications, so its accuracy depends on your filling out the forms clearly, completely and consistently each time you apply for credit.

Creditreport.imess.net is worth a try. Many people say they have used it to monitor their credit and some have said that they also cleaned off some bad items from their credit report. You can apply for a free initial plan and get your scores and reports for free.

In all your thoughts about credit reporting do keep in mind there are 3 reporting agencies. If you keep track of when you pull each of the three then you can spread it out to one every 4 months. That would be ideal if you could do that.

Freecreditreport.com, Experian, Transunion, Equifax are all in it to make some money from providing these reports. So many people are asking where they can get a genuine free credit report without having to give up my credit card information and sign up for some monthly membership or a dumb "identity theft monitoring alert" service?

Unfortunately, in order to get your credit report a lot of the websites ask for your credit card information. They do that so when you sign up for a free trial if you don/'t cancel within that time they can charge your account. Myfico.com is one of the best ones out there. I understand that users have reported that they signed up for there free 30 day trial and also cancelled it before the 30 days was up and indeed didn/'t get charged anything.

What is a free credit report?

The answer lies in the last three words of your question and is self-explanatory. A free credit report is when a credit bureau provides an individual a copy of their credit report without a charge.

It/'s exactly what it says it is. A free credit report.. in other words, you don/'t have to pay for it.

Am I entitled for a free credit report?

I am not sure whether this is correct, but I have been told that residents of Colorado, Massachusetts, Maryland, New Jersey, and Vermont are entitled under state law to one free report per year from a credit reporting agency. If you are a resident of Georgia, you are even entitled to more reports at two each year.

This is very useful especially if you have been denied credit on the basis of information in a credit report.

Who is eligible?

I am not a legal expert but I did find a statement on the web that said that based on the Fair Credit Reporting Act, sections 612 (b), (c), and (d), you are entitled to one free credit report per year directly from a credit reporting agency only if you certify that you are unemployed and seeking employment in the next 60 days, you are receiving public assistance, or you believe there are inaccuracies in your report due to fraud or have been denied credit because of information on your credit report. To get your free credit report, go directly to a credit reporting bureau and have proof of the criteria that entitles you to receive your free credit report.

Information here should not be construed as advice and it is offered without legal responsibility or liability. It must be emphasised that you should consult a professionally qualified individual or company (such as an accountant, financial adviser or solicitor for example) should you need advice on your financial situation, as they will be able to tailor their advice to your situation accordingly.
About the Author

Find out the true Free Credit Report Secrets and know more than 95% of the public about what the lenders know about you! Or, for something completely different visit our Dog Breeds web site.

Immigration Lawyer - From F1 Student Visa to Green Card by Marriage to US Citizen

A Revealing Dialogue And Overview Related To » Texas Employment Law Help

Sunday, July 11th, 2010

texas employment law help
Potential Arizona-style immigration law divides public, law enforcement in Florida
TAMPA Neil Lewis' cramped immigration law office reverberates from the ring of yet another telephone call. Each anxious voice on the other line poses the same question.
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A Brief Online Summary Of » Employment Law Tulsa

Thursday, July 8th, 2010

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Attorney questions and answers

a case is dropped, should a defendant have to pay attorney fees and court cost?
even if it never went to court AND the defendent didnt hire the opposing attorney?shouldnt be right if you have to as there was no judgement passed in favor of either side. DID YOU PAY THE ATTORNEY IN ADVANCE? DID YOU SIGN A CONTRACT?.

a four year old bill i got sick couldn't pay last year was granted ssi for a disability. Court papers not in
name, but they keep serving me, once i pay an attorney and take him with me, the courts will change the name on the papers to my name right? My guestion is once they see i've only.

A lawyer overcharged me. What can I do? I live in Texas.?
This attorney knew that we were going to drop him and he overcharged us with a big bill at the end. Attorneys seem to have all of the leverage. I live in Texas. What did he overcharge you for? Usually a lawyer tells you before taking your.

A question on ethics?
If I were an attorney at a firm that was to represent a plaintiff in a civil suit and I found that one of my partners owned 500 shares in the buisness of the defendant and another partner represented the co defendant in a child custody battle 10 years ago, would either of these create.

About jail.?
My boss has been in jail for a week. He said that his attorney didnt show up to court last friday so the judge held him in contempt. Is that possible? Someone is being untruthful. If your boss showed up in court for a proceeding where he was the defendant, he could not be jailed for his.

adoption procedures ?
I am going to be adopting a baby and the birth mother wants us to take it home from the hospital. Does anyone know what procedures need to be done to insure it is done legally? We do not have an agency involved in the process. You must either have an attorney or an agency to.

Do I have the ability to bring legal action against my attorney?
Our (chapter 13 bankruptcy) attorney failed to subimit documents to the court. He directly lied to us and told us that he did. We're in the last year of bankruptcy and in need of purchasing a car. He told us almost 3 weeks ago that he submitted.

Do I hire this 1K attorney or file this divorce myself with a kit after 11 yrs and 3 kids & no assets?
The History: Married 11 years ago, he started drinking heavily by the 2nd year of marriage. The drinking turned into long days/nights gone.I was at home w/ the kids carless, no phone at times. He finally.

Making out a will?
My husband of 12 years is part owner of family farm 3 brothers 1 sister, And he has an inheritance coming are question is this, he has no will, Can we make one or do we need an attorney? If something happened to him I would be booted out faster than you could say bye,.

Maryland Divorce Lawyer?
I am getting a divorce in Maryland and need to know of a good place to locate an attorney. I don't want to ask for a referral from any of my work folks because I'm still a little uncomfortable about the whole thing. I tried the bar association but no one ever called me back. Can.

Michael R. Green, attorney,Tulsa, is not listed on Martindale-Hubbell. What does that mean?
Nothing significant. He may have been in practice less than 5 years. You don't get rated until you have 5+ years. He may have chosen not to pay the outrageous price Martindale-Hubbell charges. The best way to find an attorney is to ask everyone you.

My child in Florida wants me to file for custody of her, she is over 14. Where can I get free legal forms?
I already know its her choice and etc, and that a judge will privately ask her etc. so, I cannot afford an attorney, and need the forms, i know you can get them online free, but.

My girlfriend was in a car wreck and pregnant her friend was driving and its her fault what will her claim be?
Claim against the girl friends insurance company. Medical bills, pain and suffering, loss of employment and any thing else that your attorney can dream up. This could pay for the wedding. - Not enough information to.

My husband just recieved a writ of execution.what can they take? Can they take what I purchased before marriag
you better get an attorney fast, in most states whats yours is his and if you put his name on it as an owner then yes they can. - They cannot take what you received before marriage, or anything.

My mother and stepfather died with no will?
my mother died on 11/19/06 because of that it was my responsiblity to look after my step-father due to health issues. He gave me power attorney to take care of things on his behalf.he has no children just me, he changed me to sole beneficary on his life insurance in place.

My mother is on ssi/ medicaid in nm. does anyone know the 'spend-down' policy if she receives an inheritance
Dana, I'm a N.M. attorney and was appointed to represent an 87 year old woman in a nursing home. There a ton of nuances to what allowable assets she can have, but the cash amount is about $5,000. She.

My only sibling has signed power of attorney ,over to an accaintance and he is now in jail for 6yrs?
he owns a business in fl, and has personal assets, that i dont want the poa holder to get ,they havent known each other long, and has been running business since recent incarceration any suggestions? i live in mi..

NEED A LAWYER for Laparoscopic hernia repair and 3 bowel perforations?
If there any attorneys or anyone know of an attorney please, I would appreciate your help. I had a laparoscopic hernia repair along with gall bladder removal, and my small intestine was nicked 3 times. I developed sepsis and peritonitis and was hospitalized for one mth. I have.

Need an attorney to handle privacy act violation in or near springfield ky?
need to know if have a possible case for someone in the medical field giving out personal and confidential medical information without consent or knowledge If you need an attorney that handles privacy act violations try doing a search from the site below. I would put.

Need help getting a affordable attorney?
I live in dallas, texas and i need to find a attorney that i can afford to pay. I'm a mother who is trying to get her kids back (having a custody issue) and having trouble because its hard enough maintaining my house and trying to save for an attorney. Can someone help.

Needing some information about my power of attorney..?
i have a general POA for my husband who is deployed. i am trying to sign an application for free complimentary $2,000 ADD coverage through our credit union. the CU is saying that they can't accept a POA. i have the legal aid office checking on this, but i won't get.

On o.j. not being able to eat in restaraunt question?
o.j. simpsons attorney is upset over this and says he is gonna sue the restaraunt owner.who will win in court?.the owner?..does he have the right to serve who he pleases.Or.o.j..is that discrimination and racist. Maybe the owner decided his presence was causing a disturbance and the safety of the.

Once a bankruptcy is discharged - can it be reversed?
I was discharged from bankruptcy almost 2 years ago and now the Trustee is asking for alot of detailed information that I had already given my attorney in 2005. The 'Original' attorney I hired left the law firm and the 'New' attorney couldn't locate most of my file. If.

Opening Statement as a defense attorney?
How would I be able to make an opening statement that lasts about 3-4 minutes out of this paragraph said by the defendant: 'How in the world would I ever know that there might be a shell in the can of oysters I sold this lady, and how did she rely on my.

Other than being an attorney, what other carrer opportunities are available for law degrees?
or anything having to do with attorneys or judges There are many with law degrees that have ventured into mass media--particularly TV. Many of the analysist on the news programs have law degrees. There are even a few are announcers for automobile races. Also they.

Overseas Pennsylvania Power of attorney U.S. Consulate?
Need an online form I can fax to Vietnam. Need to mortgage the house, it's in my brothers name, but he's overseas and won't be returning, Thus I need a power of attorney. The online forms I see are for in state notaries. What form is adequate for Pennsylvania that would be.

Paul Begala, former Clinton White house figure defined Bill Clintons 'excellence' in the U.K. telegraph?
(quoting)Paul Begala, another key Clinton White House figure, said: 'President Clinton excelled as attorney general and governor of Arkansas, he excelled as president and he's been a model of the modern Senate spouse.' is this what he meant? - The only president ever impeached.

Please Answer Only If You Are A Lawyer or Judge: What exactly is the job of a public defender?
As was answered earlier, a public defender is an attorney appointed to represent an indigent person accused of a criminal offense. Indigent persons have had a right to counsel in all 50 states and at the federal level since.

PLEASE HELP this is very important seriously..?
someone close to me rec'vd an email from a man saying that he is a attorney of a man that passed away with the same last name as my friend and that my friend can get the money from the deasced man. i guess the attorney was left money but he cant.

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Regarding » California Employment Law Class In Addition To Similar Studies

Wednesday, July 7th, 2010

california employment law class
Distance learning with an llb or a bachelors degree in usa?

Hi. I just got done with my AS levels (I live in Pakistan, where we study under the British system) and my family is planning to move to the States - California, for more accuracy. I am interested in pursuing a career in law, and want to get done within the shortest span of time possible. Going to a US college will mean using up 4 years on a bachelor's degree and THEN starting with J.D. Continuing under the British system with distance learning means I get my degree quicker, but no guarantee of proper employment.

Right now, I have 11 GCSE o levels, all A's, and an internship at a law office under my belt. I gave economics and maths AS levels, and am waiting for the result now. If I do have to pursue an undergraduate degree, what field would be suitable? Could my alevels possibly count as AP classes and hopefully knock an year off the bachelor degree? Do I get scholarships as an undergraduate permanent resident? Would love some advice, thanks =)

Unfortunately you will have to do the JD if you want to practice law in the US. Reason for this statement is about 50% of the states do not recognize foreign experience and they do not recognize the LLB. Those states that do recognize the LLB typically will require you to study an Additional 1 - 2 years at a law school in the US. Best advice in this situation is to contact the state bar association in the state you want to practice in order to find out their rules regarding admission of the LLB qualification.

Regarding your question concerning A-Levels you will have to ask the university because each university in the US is different and has different rules regarding admission of foreign students. Plus you will most likely have to take the ACT or SAT and most likely TOEFL. Again, the universities that you are most interested in will be in more of a position to guide you on that matter.

Finally your question regarding scholarship because you are a permanent resident and the answer is no. Scholarships are awarded based on academic achievement, financial need, or if you meet specific requirements. Being a permanent resident does not automatically qualify you for a scholarship and you will need to do some research to see which ones, if any, you qualify.

An Exposing Discussion And Conclusion About » Employment Law Ny Coupled With Other Analyses

Saturday, July 3rd, 2010

employment law ny
will an arrest that resulted in a full dismissal prevent employment?

got into a fistfight and was charged with assault. Judge dismissed the charge. Have never been arrested or in trouble with the law before. This was in NY. Do I have anything to worry about?

The charges were dropped, indeed, but the arrest would still be on your record. You may have to go to court and get it expunged.

Law School New York, Albany Law School

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A Good Brief Outline Related To » Employment Law Business Travel Coupled With Other Research

Saturday, June 26th, 2010

employment law business travel
I was fired for refusing work 'til sevrl mnths of unpd. ovrtime was reslvd. How do I handle this in an interv.

I worked for a Pennsylvaniia company in California and they refused to pay me for my overtime and travel pay. I won a settlement before the State of California Employment Commission. The company has since gone out of business and the President convicted of EPA violations and export law violations for dealings with Iran. How do I address this period of employment with this company in an interview coming up.

your explanation sounds fine to me
tell the truth

US Citizens Docket Standard Access For American CPS Victims Class Action Litigation Referral

The Truth Of The Matter As It Relates To » Employment Law Part Time Work

Monday, June 21st, 2010

employment law part time work
How about an English language workplace ethic law for our country?

My experience in the workplace is I don't speak another language other than English, therefore I feel I should not have to listen to any foriegn language in any american place of employment while I'm working. Companys speak of things like, work as a team, work safe, etc. How can you do this when part of the " team" don't want you to know what their saying? I'm so sick of this sh-t, being force fed to accept this in our great nation. It's like at times you, the americans, are being closed out, by people who came here for better lives,but ignorant to our ways. A lot of times as a "team" we must discuss problems in the work place we all learn from, if you don't speak English, so everyone can understand, the whole prosess ends right there. Save your native language for breaks, or home, not in the workplace.

English in the workplace rules should be in effect when the work in being performed, however the foriegn speakers should allowed to speak in their natives language doing their breaks, lunch, etc. This is America still! The melting pot of the world.

(Steven Camarota - Part II of II) Panel: A Drought of Summer Jobs

The Truth Of The Matter As It Correlates To » Employment Law Blogs Along With Other Research

Wednesday, June 2nd, 2010

employment law blogs
Stanford legal scholars are at the forefront of data-based research
Legal empirical researchers are part of a burgeoning movement, and Stanford Law School, an early pioneer, lies at its epicenter.
A barber giving free haircuts - CompBob! (7/13/07)

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Another Short Overview With Regards To » Labor And Employment Law Websites

Wednesday, May 19th, 2010

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What do you know about labor and employment law in the public sector?

What are job conditions like? pay? benefits? social life? hours? I've only been able to find a minimal amount of information online. Links to any websites (besides Vault.com) with this kind of information would be much appreciated. Personal experiences much desired. (Particularly in the Washington D.C. metro area)

One of the biggest public section organizations is CSEA in Albany, NY. Over the years they have won excellent pay, benefits, and job protection for their members. Look them up.

NRTW Urges Obama Administration Uphold Ethics Pledges

The Truth Of The Matter As It Applies To » Texas Employment Law Handbooks

Sunday, May 9th, 2010

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Deer hunting

International practices



New Zealand



See also: Hunting in New Zealand



New Zealand has had a number of deer species introduced and in the absence of predators became to be considered an animal pest due to its effect on native vegetation. From the 1950s the government employed hunters to cull the deer population. Deer hunting is now a recreational activity.[citation needed]



North America



The deer most sought after in North America, east of the Rocky Mountains, is the white-tailed deer. West of the Rockies, the mule deer is the dominant deer species. The most notable differences between the two, other than distribution, are the differences in ears, tail, antler shape(the way they each fork), and body size.[citation needed]



Whitetail Male Deer at night in Central Texas



The mule deer's ears are proportionally longer than the ears of a white-tailed deer, and resemble that of a mule. Mule deer have a black-tipped tail which is proportionally smaller than that of the white-tailed deer. Buck deer of both species sprout antlers; the antlers of the mule deer branch and rebranch forming a series of Y shapes, while white-tailed bucks typically have one main beam with several tines sprouting from it. White-tailed bucks are usually smaller than mule deer bucks. Both of the species lose their antlers in the spring time.[citation needed]



Moose and elk are also popular game animals that are technically species of deer. However, hunting them is not usually referred to as deer hunting, it is called big game hunting. They are considerably larger than mule deer or white-tailed deer, and hunting techniques are rather different.



In Canada and Alaska, reindeer (caribou) are hunted extensively.



United Kingdom



There are six species of deer in the UK : red deer, roe deer, fallow deer, Sika deer, muntjac deer, and Chinese water deer, as well as hybrids of these deer. All are hunted to a degree reflecting their relative population either as sport or for the purposes of culling. Closed seasons for deer vary by species. The practice of declaring a closed season in England dates back to medieval times, when it was called fence month and commonly lasted from June 9 to July 9, though the actual dates varied. It is illegal to use bows to hunt any wild animal in the UK under the Wildlife and Countryside Act 1981. Victorian era dramatist W. S. Gilbert remarked, "Deer-stalking would be a very fine sport if only the deer had guns."



While "deer stalking" is widely used among British and Irish sportsmen to signify almost all forms of sporting deer shooting, the term is replaced in North American sporting usage by "deer hunting" - an expression that in Britain and Ireland has historically been reserved exclusively for the sporting pursuit of deer with scent-seeking hounds, with unarmed followers typically on horseback.



Australia



In Australia, there are seven species of deer that are available to hunt. These are Fallow deer, Sambar deer, Red deer, Rusa Deer Axis Deer (Cervus timorensis russa and Cervus timorensis moluccensis), Chital Deer, Elk and Hog deer.



Deer were first introduced to Australia between 1800 and 1803. All States/Territories have populations of deer including many coastal islands. Deer hunting in Australia is mostly practiced on the eastern side of the country. Hunting access varies from state-to-state with varying classifications from pest to game animal with some species afforded the protection of hunting seasons and a requirement for a Game Hunting permit or license.



Method



North America



A New Hampshire Deer Hunt



There are five common methods of hunting deer: stalking, which consists of following signs and trails of deer; stand hunting, waiting where deer are likely to travel (including tree stands); still hunting, alternately walking quietly and waiting concealed in the pursuit of game; line drives, which consists of flushing deer toward a line of hunters; and spot and stalk hunting, which consists of spotting and then stalking the deer. Spot and stalk hunting is generally a method of hunting used in places where there are large visible areas, such as mountainous terrain where a person can see across canyons. The other four methods of hunting are used in places such as rolling hills or in country that is more level, where a hunter can hardly see over trees or bushes to spot and watch the deer. Scouting and stalking involves following deer sign. Common signs to pursue include deer rubs, scrapes, and tracks. Scrapes are places where bucks scrape the ground and urinate below low hanging branches on the edge of fields, bucks rub their faces on the low hanging branches leaving their scent. Bucks do this to mark territory and attract female deer. Deer tracks may reveal the size, age, and species of a deer. Rubs are marks on the trunks and low branches of trees which indicate where bucks have rubbed the velvet off their antlers; this leaves a tell-tale mark because it removes tree bark where the deer rubbed. Another purpose for this is to mark territory with a visual signpost.[citation needed]



Modern Hunting Methods



Deer hunting may be done from a stand which places the hunter above the line of sight of a deer. There are various types of stands including portable hunting stands, climbing hunting stands, ladder stands, self-made stands, and tripods each which can be used for different hunting methods.[citation needed]



Deer hunting for trophies may also take place from ground blinds. These can be natural blinds; like dead falls and brush; hay bails in open farm country, or specifically manufactured for this purpose.[citation needed]



United Kingdom and Ireland



Depiction of deer hunting with hounds from a 15th century version of The Hunting Book of Gaston Phebus, MS. f. fr. 616



The vast majority of deer hunted in the UK are stalked. The phrase deer hunting, however, has also been used to refer (in England and Wales) to the traditional practice of chasing deer with packs of hounds, now illegal under the Hunting Act 2004.



In the late nineteenth and twentieth centuries, there were several packs of staghounds hunting "carted deer" in England and Ireland. Carted deer were red deer kept in captivity for the sole purpose of being hunted and recaptured alive. More recently, there were three packs of staghounds hunting wild red deer of both sexes on or around Exmoor and the New Forest Buckhounds hunting fallow deer bucks in the New Forest, the latter disbanding in 1997.



The practice of hunting with hounds, other than using two hounds to flush deer to be shot by waiting marksmen, has been banned in the UK since 2005; to date, two people have been convicted of breaking the law.



There is one pack of stag hounds in Ireland and one in Northern Ireland, the former operating under a licence to hunt carted deer.



Norway



Most of the deer hunting in Norway is by hunters driving the game towards other hunters posted in strategic locations in the terrain, though there is also a fair bit of stalking.[citation needed]



Australia



The majority of hunting methods in Australia are similar to North America, except for Sambar Deer which are commonly hunted with hounds.



Equipment



A pop-up pack-in style blind



Many different weapons are permitted in various states of the USA during certain times of deer season. These include bows, crossbows, rifles, shotguns, pistols, and muzzleloaders.



Archery season usually opens weeks or months before a state or locality's gun season and usually is permitted for several weeks or months afterwards. Modern compound bows and recurve bows are used, as well as some primitive recurve and longbows by historical enthusiasts when permitted. Crossbows are often reserved for disabled hunters who are unable to draw a bow, but are allowed to be used in Alabama and Tennessee by anyone disabled or not[citation needed] and in Minnesota, Kansas, and some other states during firearm season. Most bows and crossbows offer an effective accurate range of 30-40 yards.



Rifles, shotguns, and pistols are all commonly used for hunting deer. Most regions place limits on the minimum caliber or gauge to be used; rimfire rifles and centerfires under .22 caliber are often prohibited due to ethical concerns, although they have been used to hunt deer and larger game in some cases.[citation needed] Some areas of the United States prohibit rifle hunting altogether.[citation needed]



Muzzleloader hunting is also practiced. Modern muzzleloading rifles equipped with synthetic stocks, telescopic and fiber optic sights, in-line ignition systems, advanced conical or sabot bullet designs, and black powder substitutes such as Pyrodex are much more effective than the muskets of generations past.[citation needed] However, many traditionalists still use wood stocked, iron sighted rifles with round lead balls and traditional black powder charges.[citation needed]



Hunting deer with edged weapons, such as the lance or sword, is still practiced in continental Europe, primarily in France. In such hunts, the hunters are mounted on horseback, and use packs of deerhound or greyhound dogs to track and drive deer. Only the hunt masters have the right to deliver the death blow, while other mounted hunters simply ride to the chase.[citation needed]



Alabama permits spear hunting of deer during its archery season.



Tools



Use of a Hitch-Haul platform to transport harvested game



Hunters employ many tools, among which are camouflage, tree stands/blinds, knives, vehicles, chainsaws, and handheld GPS units. Camouflage has been used for some time and while it is very important, it is not essential, especially during gun season when it is required that hunters wear blaze orange clothing.[citation needed] An industry of equipment suppliers and outfitters has grown to supply hunters with equipment.



See also



Animal welfare



Bayou Bucks (documentary)



Big Buck Hunter



Deer farm



Deer horn



Deer Hunter - video game



Deer Avenger - video game



Deerskin trade



Reindeer hunting in Greenland



Venison



References



^ Naturenet: Shooting, Hunting and Angling Seasons. Naturenet - Countryside Management & Nature Conservation.



^ Forests and Chases of England and Wales: A Glossary.St John's College, Oxford.



^ Grossmith, George in The Daily Telegraph, 7 June 1911



^ http://www.gamecouncil.nsw.gov.au/



^ Bentley, A (1967), An Introduction to the Deer of Australia.



^ Gegelman, Andrew, pot and Stalk Hunting - The Lost Art. Nodak Outdoors.



^ http://www.telegraph.co.uk/htmlContent.jhtml?html=/archive/1997/07/29/nhun29.html



^ http://news.bbc.co.uk/1/hi/england/somerset/7053016.stm



^ http://news.bbc.co.uk/1/hi/northern_ireland/4247341.stm



^ http://debates.oireachtas.ie/DDebate.aspx?F=DAL20050126.xml&Dail=29&Ex=All&Page=91



^ http://www.kdwp.state.ks.us/news/Hunting/Hunting-Regulations/Deer/Legal-Guns-Bows



^ Minnesota Department of Natural Resources (Minnesota DNR), Hunting and Trapping Regulations Handbook (2007). Pp. 5, 58.





v  d  e



Game animals and shooting in North America



Game birds



Bobwhite Quail  Chukar  Hungarian Partridge  Prairie Chicken  Mourning Dove  Ring-necked pheasant  Ptarmigan  Ruffed Grouse  Sharp-tailed Grouse   Snipe (Common Snipe)  Spruce Grouse  Turkey  Woodcock



Waterfowl



Black Duck  Canada Goose  Canvasback  Gadwall  Greater Scaup  Lesser Scaup  Mallard  Northern Pintail  Redhead  Ross's Goose  Snow Goose  Wood Duck



Big game



Bighorn Sheep  Black Bear  Razorback  Brown Bear  Bison (Buffalo)  Caribou  Cougar (Mountain Lion)  Elk  Moose  White-tailed deer  Gray wolf  Mountain goat  Mule Deer  Pronghorn  Muskox  Dall Sheep  Polar Bear



Other quarry



American Alligator  Bobcat  Coyote  Fox Squirrel  Gray Fox  Gray Squirrel  Opossum  Rabbit  Raccoon  Red Fox  Snowshoe Hare



See also



Bear hunting  Big game hunting   Deer hunting  Waterfowl hunting  Wolf hunting  Upland hunting



Categories: Archery | Dog sports | Hunting in the United Kingdom | Hunting in the United States | Survival skills | Deer huntingHidden categories: All articles with unsourced statements | Articles with unsourced statements from June 2009 | Articles with unsourced statements from December 2009 | Articles with unsourced statements from December 2007
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A Limited Summary With Regards To » Florida Employment Law Benefits

Thursday, May 6th, 2010

florida employment law benefits
Bill would help 80,000 Floridians qualify for jobless benefits
Some could be eligible for state-passed extended benefits Nearly 142,000 Florida residents have exhausted all their state and federal emergency unemployment benefits, though about 80,000 could qualify for extended benefits recently passed by the Florida Legislature, the state work force agency said.
Sternberg & Hedler PA Florida Labor Lawyers

The Truth As It Applies To » Employment Law Ireland Along With Comparable Analyses

Sunday, May 2nd, 2010

employment law ireland
Rights of the employee/employer can you help me make head or tails of this?

Act 1994+2001-any 6 essential elements that must be contained on the contract

Unfair dissmissals act 1977-2001-when can a dissmissal be regarded as unfair? 5/6 bullet points

What redress is available when an employee is unfairly treated?

When can a dissmissal be regarded as unfair? 5/6 points

For how long must you be in your present employment in order gor this Act to apply to you?-------------------------This requirment does not apply if the dissmissal can be attributed to;

The onus of responsibility to prove that a dissmissal was fair is on the __________list. the employees who are exclude from this act?

National minimum wage act 2000
What is the current national minimum wage?

The protection of employees(part-time work) Act 2001
What does this act specify for part-time workers?

THERES A SECOND PART TO THIS
to this-if you can copy and paste these questions and answer them you'll be doing me a world of good.

THESE ARE THE LAWS FOR IRELAND.

try these links:

http://www.failteireland.ie/performanceplus/home/index.aspx?id=229

http://www.entemp.ie/publications/sis/2001/si473.doc
Hope they're of some use.

Employment Law Ireland

A Brief Online Summary Of » Employment Law Sunday Working As Well As Comparable Studies

Monday, April 26th, 2010

employment law sunday working

Seniors Rejoice at New Anti Agism Law

Good news for all those senior baby boomers out there or anyone else of seniority living in the UK. You may or may not be aware, but on Sunday 1st October 2006 an important change in UK employment law come into effect. The new legislation will offer hope to anybody who has felt they've been discriminated against in belief that they are too old to continue working. It is hoped that this new law will promote ageism to be as serious and as unacceptable as racism or sexism.


So what does this all mean? Well, one of the biggest changes to be implemented is employers will no longer be able to force compulsory retirement before an employee reaches 65. Before October 1st it was quite common for employers to set there basic retirement age at 60, but not anymore... However, it's unclear as yet whether the compulsory retirement age of 65 will remain or perhaps be scrapped altogether. Unfortunately, we won't find this out until 2011 when a formal review will take place.


Due to the ever lightly pension crisis facing many people living in the UK, the ability to work until 65 now offers some rest bite at least. That's not to say working that long is a good thing, as given the choice I'm sure most people would like to take earlier retirement, but at least seniors can no longer be discriminated against for working longer if they so choose.


While it's commonly thought the new ageism legislation will make a difference, it's a shame more wasn't done by removing the compulsory retirement age of 65 altogether.

About the Author

If you are over 50 and would like to find out more information relating to things that effect your life including hobbies, articles and chat then why not visit life-over-50.com There you'll be able to Prospect Seniors Online, chat to anyone of Baby Boomer Years and even make new Senior Pen Pals.

Re Teen McDonald's Worker Gets Beaten By The Manger!!

A Short World-Wide-Web Compendium Of » Employment Law In Uk

Saturday, April 24th, 2010

employment law in uk
employment law question? UK only.?

I have been employed as a Bank Nurse in a private nursing home. I have worked for them for over 2 years now and have never been given a contract to sign.

I work 12 hours per week - that's one nightshift. I have recently learned that the manager is taking on more staff and I'm worried about losing my hours. I'd like a permanent contract - something the previous manager was going to sort out for me, but then the home had some problems and she left.

Can the new manager take my hours from me because I don't have a contract, or are they obliged to still let me work them and are they breaking the law by not having given me a contract sooner?

I know that I should have asked for one before now, but I have two kids, one with special needs, and I just didn't consider it. I'm worried that because I can only work one shift a week that I get pushed out. All the other nurses can commit to more hours, but I still need my job!

What should I do?

Technically, an employer is supposed to issue you with a contract within 8 weeks of you starting. However not having done this wouldn't really be classed as "breaking the law" - it's one of those things that lots of employers do forget, and clearly you've never chased them up about it.

Normally, if you haven't signed a contract, then this isn't actually a problem - because you've been turning up for work and they've been paying you, a contract of sorts has been established and you have exactly the same rights as any worker who has signed a contract. They certainly can't just dismiss you with no notice or no reason.

However, in your case, my understanding is that the term "bank nurse" means someone who is employed to cover shifts on an irregular basis, e.g. if other staff are on holiday or sick. Thus you are not actually *guaranteed* a set number of hours per week. In order for you to be guaranteed these hours, your title would be "part-time nurse" or something, not "bank nurse". Therefore I wonder if there would actually be any protection under employment law for you.

Your first step should simply be to talk to your manager about your concerns. Clearly I don't know what your relationship is like, but most employers value staff who have been there longer as they obviously have more knowledge about the place, and therefore would prefer to accommodate you over new staff that are being hired.

A word of advice though - all too often, judging from what I've read in this forum, people create problems for themselves by going into a meeting already on the defensive, trying to quote employment law to their employers and telling them that they're in the wrong. DO NOT approach it like this. Simply outline your concerns about losing your hours, state that you'd very much like to retain your hours, and let them take things from there.

Employment Law by Tamara Lewis (8th edition)

A Revealing Dialogue And Summary Regarding » Texas Employment Law Information

Saturday, April 17th, 2010

texas employment law information
What site can I go to to find Employment and Payday laws in Texas?

I need to find out where I can go to to get information on how to fight to get a paycheck rightfully owed to me in the state of Texas. I turned in my two weeks and was promised the full two weaks pay (had I worked it) and they turned around that same day I turned it in and told me to make that day my last day. I was reassured to get that extra two weeks. Now, the same woman is saying that she never said that. It is her word against mine. Where to I go to find information and report so I can get my money back? I can't live on 200 bucks for the next few weeks while I wait for a new paycheck from a new employer. . .

Call the Texas Dept of Labor. They are usually quite helpful. But unless you got the two weeks severance in writing, you are probably hosed.

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An Exposing Dialogue And Conclusion Related To » California Employment Law Careers

Sunday, April 11th, 2010

[mage lang="" source="flickr"]california employment law careers[/mage]
Am I settling or just afraid to try for what I went to school for?

I graduated law school 3 years ago. Almost immediately b/c my family moved I was forced to find whatever job I could to make ends meet. They moved to California and I didnt want to go with them b/c they are toxic to my mental welfare. So this job is in retail and its turned into 4 years of employment. I am a supervisor and make decent money for my area. I have since gotten married to a successful partner and now have the opprotunity to pursue a legal career. But I have become used to this job and this salary. The job is by no means a good one and borders on horrible. I am not respected and lesser iidividuals have been promoted. But I can't seem to quit despite the support from my wife to do so. Has this happened to anyone out there? What did you do? The years are adding up now and I fear its now or never. I feel I am meant for more than this, but I am sure everyone feels that way about thier lives. Any advice, admonishment or ideas welcome.

JUST QUIT. I know you're used to it, but if you need to you can always go back to retail. And now you have supervisor experience so if you do go back you'll probably get a decent spot. So, take the chance. and go for it!

What Fish and Game Wardens Do

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The Latest Short Synopsis Involving » Employment Law Job Postings

Saturday, April 10th, 2010

[mage lang="" source="flickr"]employment law job postings[/mage]
How do I find an entry level attorney position in CA?

I graduated from UC Hastings in 2007 with an unfortunate 3.0 GPA, but I was on law review. While in school I interned at a plaintiff's firm and two different DA's offices. It took me two tries to pass the bar exam, but now that I have my license I am having no luck finding work.

I've tried networking, job postings, and direct mailing to firms, and so far I've received nothing but rejections, some of which were fairly rude ("You're not qualified to work at our firm.").

I'd like to find a litigation job, preferably doing employment/labor, personal injury, or insurance defense.

Do any attorneys on here have advice on what I should do?

1. Contract attorney work - there are lots of temporary employment agencies that do this;
2. Special appearance attorney;
3. Craigslist;
4. Have you tried the local PDs and/or DA's offices? I know you mentioned civil litigation, but you can get trial experience with the PD and/or DA;
5. In-house counsel;
6. Do you have any friends who are currently employed as attorneys? See if their firms are hiring. Many times, firms will take someone who is recommended by a current or former employee over someone who just sends in a resume.

Paralegal Jobs in New York City Law Firms For Paralegals Legal Staffing Ediscovery Legal Recruiters

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A Good Brief Outline In Regard To » Employment Law Web Site As Well As Other Analyses

Saturday, April 10th, 2010

employment law web site
Need to know about Illinois Labor laws. My company makes us work 12 days straight. No Overtime. Is This legal?

I work for a Tradeshow company that makes us work weekends for tradeshows. We are salary employees that work 40 hours per week Monday thru Friday. When shows are scheduled we work an additonal 8 hours per day on Saturday and Sunday. We are then required to work the following week as normal. We don't get paid overtime, and we don't get any additional time off unless we use our vacation time. Is this legal. Can our company force us to work 12 straight days with out time off. All days are at least 8 hour days. I can't see how they can allow us to do that. Management said they can do that because we are salary employees. I can't seem to find the answer on the Illinois state web site for employment issues.

Unfortunately, what your company is doing might be completely legal and in compliance Fair Labor Standards Act (FLSA) regulations:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

Here are more links that might be useful:
http://www.dol.gov/dol/topic/wages/overtimepay.htm
http://www.dol.gov/compliance/guide/index.htm

Some links to legal information.
http://www.nolo.com/
http://www.findlaw.com/

Each of the states have similar laws to mentioned above. However, you might contact OSHA and ask if they could refer you to correct resources that would help you to find correct answer.

Unfortunately, there are a lot of companies who do exactly the same as your current employer.

Unemployment Hearing Representation (Employment Law)

The Truth Of The Matter As It Relates To » Employment Law Maryland Together With Other Studies

Sunday, April 4th, 2010

employment law maryland
Which party believed there should be a strong federal government?

Anti-Federalist

Federalist

Federal Reform

Democratic Republican

2)Which Supreme Court decision determined that the court had the right to rule on the constitutionality of laws?

Gibbons v. Ogden

Dartmouth College v. Woodward

McCulloch v. Maryland

Marbury v. Madison

3)Which was not a result of the construction of the canal from Lake Erie to the Hudson River?

The cost of transporting goods dropped significantly.

Federal financing became more readily available.

Employment opportunities grew, especially for immigrants.

Construction boomed along the canal route.

THANKS JUST REVIEWING MY ANSWERS!

FederalistMarbury v. MadisonFederal financing became more readily available

Barton D Moorstein Oral Argument Maryland Court of Appeals 0001

A Brief Overview Related To » Employment Law Advice Free Online And Other Analyses

Friday, March 26th, 2010

[mage lang="" source="flickr"]employment law advice free online[/mage]
It's a Girl's World is today at Bay Village branch
• It’s a Girl’s World, 7-8 p.m. today. Girls are invited to bring an adult female friend for some fun. We will discuss a good book, share a snack and try a related project. Registration required. For girls grades 4-5.
When to Hire an Employment Laywer

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A Short World-Wide-Web Synopsis Of » Uk Employment Law Consultants Coupled With Other Research

Friday, March 26th, 2010

uk employment law consultants
My wife wants to end the marriage because she says from the time she married me life has been a financial?

struggle and that we had not succeeded in adopting a child ( she can't conceive)?

When she married me she knew that I had no assets as I was recovering from my previous divorce. Morevover, I just began a successful business in my own country but she wanted to live in the UK and I left that ( employment law consultant) and moved to the UK.

I was in and out of jobs in the UK with my last job ( HR Manager lasting a year and half) and came to an end in Dec 09 through redundancy.

She says that I did not contribute enough.She wanted to open joint bank accs etc from the beginning but I did not know she felt so strongly about it.

I know she wants out but is the financial reasons given fair on me in the circumstances?
She says she wants someone who is financially well off enough so that she does not have to work?
She is insisting that I do not make a financial claim against her as she can't afford it? Should I be sympathetic?

.Doesn't matter if her reason is 'fair' to you or not. If she no longer desires to be married to you, and you two cannot or will not work it out, then it's best to go your separate ways. If she wants someone to support her, she'll likely find someone who will. Not much of a goal in life, so would you really consider her much of a loss?

A Simple Web Summation Of » Employment Law University Courses

Monday, March 15th, 2010

employment law university courses
Is it better to attend Keiser University or Everest University for the Bachelors of Paralegal Studies?

I'm looking at both of their program sheets and EU seems better to me these are the courses they are offering:
Elder Law, Employment Law, Law & Medicine, International Law, Administrative Law, Advanced Tort Law, Criminal Justice Ethics & Liability,Alternative Dispute Resolution, and Contemporary Issues & Law.
KU offers:
Business Organizations, Income Tax Law, Legal Interviewing & Investigation, Alternative Dispute Resolution, and
Constitutional Law.
Keiser is accredited by SACS and Everest is accredited by ACICS. Neither is approved by the ABA, which should I choose? Thanks.

Look through the job ads for paralegals in your region. See if employers in your region want ABA approved schools. If so, then only go to an ABA approved school. If not, then you have more flexibility.

Also check the websites for law firms in your region. See if they list their paralegals. If so, then click on them and see where they went to school. See if you notice any trends re: names of schools and/or ABA approval.

In some regions of the US, legal employers strongly prefer, or will only hire from ABA approved schools. But in other regions, a non-approved school can be okay.

Make sure that any school you consider for a bachelors degree is regionally accredited. This is important, as some employers won't hire you if the school isn't regionally accredited. I'm also a bit wary of for-profit schools. Some employers won't hire from for-profit schools. Just be aware of that.

Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful

A Short Outline On The Topic Of » Employment Law Attorney Employers In Addition To Similar Analyses

Sunday, March 14th, 2010

[mage lang="" source="flickr"]employment law attorney employers[/mage]
Are there any attorneys out there who are involved in employment law that will answer a question I have?

Listen, I worked at a resort in Montana for 5 months where I had been given outstanding performance evaluations, fufilled my contract, never been suspended, and had managers giving potentiall employers good references on my behalf. Lets make it clear that I was never terminated okay? I had been written up twice and was never given any indication that I am not ellgible for rehire until over a year later today. If I would have known that human resources would have given me a bad reference I would not have put this company down on my application for I am sure it has cost me many job opportunities. Exactly what types of information are Montana employers allowed to give out on their employees?

You need to list this employer on your application/resume in case the prospective employer does a background check. If you leave the employer off and it comes up on the background check, even if you have already been hired, you may be terminated for lying on your application/resume. Honesty is the best policy.

In today's society normally smart employers would only provide the following information with respect to a reference; the dates of employment, position, ending salary. Most prospective employers will try and ask what the rehire status is hoping the previous employer will divulge the information. Normally, previous employers only make record of the rehire status for internal purposes. Such may be in the instance of your employer, if it is a chain of resorts they would want to keep this information on file to make sure another resort within the chain did not hire you.

Unfortunately, the only way you can prove that you have not obtained many prospective positions due to your past employer disclosing negative references is if you ask the prospective employer straight out if you were not hired due to your former employer's reference or have someone call who is believable enough to be performing a reference check on you for a job and see for yourself what information is being given to prospective employers.

If proven, which is difficult as I have mentioned above, then you can file a cliam against your former employer for preventing you from willfully gaining other employment with the Department of Labor.

Best wishes.

Law Videos - Employment Law - Chapter 18

A Quick Online Compendium Of » Employment Law Crossing

Sunday, March 7th, 2010

employment law crossing
Ex-Military: Is it possible to edit or amend medical/psycological record?

I served 4 years in the military, but during my last two years I suffered a great deal with OCD. Things got so bad that I was eventually medically discharched. I have made so much progress in my life since then that it seems to me that I am pretty much cured. I have not had a single instance or episode in at almost 2 years. It never crossed my mind that I could be discreminated against due to my past problems until I tried to look for employment in law enforcement. I have absolutly no criminal record or anything negative for that matter besides my bout with OCD. I have been screened out 3 times since I have been trying to get in. I want to know if there is (ANY!!!) way with legal help or whatever to help get this behind me? I can prove my health is perfectly fine, but it does'nt seem to be good enough. I need to figure out a way to amend my past medical history. Please anybody, help in this matter is greatly appreciated.

Jesse,

Sorry to hear of your difficulties.

Your best course if action is to see whether you can upgrade your discharge code (the thing that appears on your DD-214). You'll probably have to provide documentation that your OCD has improved and you have been able to lead a normal life. By the way - there is a very strong chance that you may not be able to change the code. If that is the case, it will always be on your record. It's still worth a shot, though.

In addition, when you go to police deparments, you may want to bring a notarized statement from a psychiatrist that states that you're able to function normally. That may help to clear up their concerns.

Good luck.

Employment Paralegal Jobs - LawCrossing.com

The Reality As It Relates To » Labor And Employment Law Opportunities Coupled With Comparable Analyses

Monday, March 1st, 2010

[mage lang="" source="flickr"]labor and employment law opportunities[/mage]
I did not receive my final paycheck?

A view weeks ago I quit my job because I had a much better opportunity coming up for me. Since employment with this company was at will I was not required to give them 2 weeks notice. On March 2nd was payday (normal pay period), and I should have received my final paycheck in the mail. But unfortunately I didn't get paid.
Does anyone know the labor law in CO and how much time the employer actually has to send the final paycheck.
What can I do if I don't get the paycheck within the next few days?

Thank you
Shaylee

found this website http://www.coworkforce.com/LAB/

and it has what u are asking about and how to file a complaint against your former employer..should be helpful...good luck

Sacramento Labor Lawyers - Mastagni, Holstedt, Amick, Miller & Johnsen

Another Simple Outline On The Topic Of » Employment Law Business Services

Saturday, February 27th, 2010

employment law business services

Definitions of Worker & Employee - Employment-law Rights

EMPLOYMENT LAW DISTINCTION BETWEEN 'EMPLOYEES' & 'WORKERS' AFFECT HOLIDAY & PAY RIGHTS

Affect who the employer is and who is responsible for one’s wage or salary, holiday pay, employer’s contribution to national insurance, pension rights, and employment protection, the legal distinction made between "employees" and "workers", and between those and "contractors" ~one's entitlements depend on whether in the eyes of the law one is an employee, or a worker, subcontractor, self employed contractor –or partly a freelancer.

Because of their different legal definitions an 'employee' or a 'worker' in the eyes of the law may be in fact a 'contractor' or a 'subcontractor', and vice-versa -and employment through an employment agency may or may not itself fall in different category. Definitions and categories affect entitlements.

Many employees lose out on entitlements, because their legal employment category, or because who the law regards as employer, is different than they think or have been told. When one is paid to do work for another it is important to know how the employment contract is formed, and one’s employment status.

Are you liable for your income tax or must the employer deduct it and attend to it at source, what are your holiday and pension entitlements and whose responsibility are they, are you entitled to employer’s part of your national insurance contribution –who is your employer at the workplace that you work, the business you work on the premises of, or an employment agency, or is it you whose responsibility those are, in the eyes of the law?

These affect liability, vicarious liability and the statutorily implied terms of any contract -as well as various other statutory requirements ~from equal treatment to employment protection under the employment laws -many have sued and lost because the employer was not in law the sued party but another.

Often these also affect 'pay' (in law defined as being what is received directly or indirectly in cash or kind for work done) ~an 'employee' gets full holiday pay, paid leave -a 'worker' does not.

In employment there is sometimes a company pension scheme; as the norm the employer must pay part of one's national insurance contributions (covering, e.g., unemployment, health-care, state-pension) if one is an 'employee'; but the entitlement is partial if one is a 'worker', and nil if one is in law a 'contractor' -one's employment status matters.

The following helps ascertain one's employment status in law, and who in law is one's employer.

Is one an 'employee' or 'self-employed contractor'? There are three tests that are applied to the question:-

The first is the 'Control Test' and is based on this that if the employer controls the job to be done but not how it is done than the person doing the job is an employee; but this test would not be satisfactory, because also to an employee with specialist knowledge, e.g. a company nurse, the employer would not tell how to do the job.

The second, 'Organisational Integration Test', seeks to ascertain whether the person paid is an integral part of the business: an anaesthetist was not a self-employed contractor in Cassidy -v- The Ministry of Pensions 1961 ~he was a resident of the hospital -an employee.

But this did not suffice: drivers who were paid for an agreed minimum number of jobs per year and had to wear company uniforms as well as to have the company colours on their lorries and who could not work for the competition without the employer's permission, but who could choose to do extra work and decided their own routes and used their own lorries and could use at their pleasure substitute drivers, in Ready Mixed Concrete -v- The Ministry of Pensions 1968 were self-employed contractors, not employees.

There is a third, the 'Multiple Test' to be applied: 'one is an employee if.. provides work or service for remuneration.. the business has some degree of control.. without any terms contrary to the employment relationship.'

This is the consideration in the case of those engaged or introduced by employment agencies:-

Who is the employer? Is one, as a specific individual, under the direct supervision and control of the business? If so, one is an employee of the client business -where one works...

Does the business where one works pay that agency and that agency itself pay one? If so, one is not an employee of the client business, but may be an employee or worker of that agency itself -agency staff.

Employees normally receive holiday pay, self employed contractors do not ~but what about the 'worker'-the casual worker who is not in self employment and yet is also not a regular employee?

Is one an 'employee' or 'worker'? There is a different 'worker' category for casual workers which was created under the Employment Rights Act 1996 s.230 (3) to deal with this question.

If a casual worker is genuinely on an ad hoc basis employed, that casual worker is, in law, an employee while he is employed, and for the period/s of such employment has employment rights -e.g., to receive wages and holiday pay.

A 'subcontractor' normally would be in the category either of employee or of worker on the same basis, but instead of the business where the sub contractor works, of the self employed contractor who engaged the sub contractor.

If there is a dispute about whether a contractor engaged a subcontractor as a self employed person, then the same three tests above are applied to ascertain the employment status of that subcontractor in relation to that contractor.

If that subcontractor receives a wage and is not self-employed in relation to that contractor, then if the subcontractor works regularly for that contractor he is an employee of that contractor, and if he works casually for that contractor he is a worker of that contractor.

Being a 'freelance-worker' is, to all intends and purposes, the same as being a self-employed contractor.

One can lawfully be both: an employee or worker, as well as a freelancer -self employed.

If one who is normally an employee or worker wants also to do some freelance work, then one officially is an employee or worker and one's entitlements in relation to ones normal status are not affected -but those entitlements do not extend to one's freelance work and employment.

If one normally self employed wants also to do some work as an employee or worker of a business, then one's official status as self-employed does not change -but one's entitlements for work done as an employee or worker are not affected to the extent of one's such work.

If one is not paid for holidays.. if a pension scheme depends on whether one is a freelancer or not.. if the employer is responsible for one's colleagues' taxes or pension contributions but not one's own.. if one is working for one business but is paid by another… one might need to ascertain one's employment status -the above are the legal tests.

(Laws change –always ascertain current law.)

About the Author

The author's favourite site is: Teacher of Teachers

San Jose Employment Law Attorneys, Employment Law Firm - Polaris Law Group LLP

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The Reality As It Pertains To » Employment Law On References Together With Similar Studies

Friday, February 26th, 2010

employment law on references
The employment at will states that any employer can fire an employee without reason. On the other hand, it?

also allows the employee the free will to quit at any time. However, I think this law sucks, especially given this tough economic times. The reason being, is because the employer can always look and get your replacement before he fires you unexpectantly. Meanwhile, you, the employee, is left without a job and is forced to find something quickly. Also if you quit without notice, then it is a sure bet that you will not get a reference from them, and no future employer would take a risk on hiring you. My question is, do you agree we need to get rid of this law? and what can be done to change it in your state.
Good Point Teekno....For some reason I didn't think about that. The moral of the story is that if you do plan to quit, then you better have another job lined up to replace it. In other words, it's always a bad idea to throw out the baby with the bathtub.

Well, you can also look for a new job before quitting your old one. It works both ways.

The only economic model that absolutely guarantees continued employment was outlawed by the 13th Amendment to the US Constitution.

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A Limited Online Conclusion Of » Employment Law Essay Topics Along With Comparable Analyses

Wednesday, February 24th, 2010

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Calendar
Based upon space availability, The Champion prints calendar announcements and items for columns, including campus news, newsmakers and others for local organizations and individuals. For a complete listing, visit www.pioneerlocal.com/mortongrove , The deadline is 14 days before the desired publication date, however there is no guarantee for publication. Send releases ...

A Simple Online Summary Of » Employment Law Part Time Contracts

Tuesday, February 23rd, 2010

employment law part time contracts
Can anybody help with employment law in Higher Education (UK)?

I am seeing advice about a pro-rata contract dispute between the University and a part-time member of staff, can anybody point me in the direcion of some good employment law advice - preferably free. I am in the UK. thanks

http://www.acas.org.uk
They will help you with this, I have used them loads!!

Contracts for Freelancers - Part 2 - Legal River

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A Quick Online Conclusion Of » Employment Law Links

Thursday, February 18th, 2010

employment law links
Is it illegal not to have at least 15 minuets break for every 4 hours of employment?

I ask as i have heard many people say it is the law that employers should give 15 minuets break when you have worked over 4 hours. If it is does anyone have any links?
What can we do if an employer is breaking the law in the treatment of it's employees? If we were to raise any such points with the employer we would get the sack and be stiched up so is there any outside bodies that could help?
This is in the uk, thats why i ased on uk yahoo answers.

No it isn't illegal to not have a 15 minute break for every 4 hours of employment.Adult workers are entitled to a minimum 20 minute rest break if there working day is longer than 6 hours and this law is different for adolescent workers. It can also be different for shift workers and the type of work and the hours you are paid for.I have worked at an airport and with some companies you never got an official break, but didn't work for 8 or 12 hours straight through but were paid for the full shift and took your breaks as you could .Go to www.hse.gov.uk/workers or www.adviceguide.org.uk

Job Search. Find a Job

A Brief World-Wide-Web Compendium Of Washington Employment Law Letter Together With Other Studies

Sunday, February 14th, 2010

washington employment law letter

"The Letter"

This is reprint of a letter from a most disgrunteled American. This reprint is being transmitted with approval of the author, Mrs Contraes and Glenn Beck. The author has succintly encapulsated my views and frustrations, and from the forced crashing of FNS/Glenn Beck web site, the views of millions of other Americans as well.

Take a few moments out of your busy day and carefully read her words. I've read few essays as powerful.

GLENN: I got a letter from a woman in Arizona. She writes an open letter to our nation's leadership: I'm a home grown American citizen, 53, registered Democrat all my life. Before the last presidential election I registered as a Republican because I no longer felt the Democratic Party represents my views or works to pursue issues important to me. Now I no longer feel the Republican Party represents my views or works to pursue issues important to me. The fact is I no longer feel any political party or representative in Washington represents my views or works to pursue the issues important to me. There must be someone. Please tell me who you are. Please stand up and tell me that you are there and that you're willing to fight for our Constitution as it was written. Please stand up now. You might ask yourself what my views and issues are that I would horribly feel so disenfranchised by both major political parties. What kind of nut job am I? Will you please tell me?

Well, these are briefly my views and issues for which I seek representation:

One, illegal immigration. I want you to stop coddling illegal immigrants and secure our borders. Close the underground tunnels. Stop the violence and the trafficking in drugs and people. No amnesty, not again. Been there, done that, no resolution. P.S., I'm not a racist. This isn't to be confused with legal immigration.

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Now available in book stores nationwide...

Two, the TARP bill, I want it repealed and I want no further funding supplied to it. We told you no, but you did it anyway. I want the remaining unfunded 95% repealed. Freeze, repeal.

Three: Czars, I want the circumvention of our checks and balances stopped immediately. Fire the czars. No more czars. Government officials answer to the process, not to the president. Stop trampling on our Constitution and honor it.

Four, cap and trade. The debate on global warming is not over. There is more to say.

Five, universal healthcare. I will not be rushed into another expensive decision. Don't you dare try to pass this in the middle of the night and then go on break. Slow down!

Six, growing government control. I want states rights and sovereignty fully restored. I want less government in my life, not more. Shrink it down. Mind your own business. You have enough to take care of with your real obligations. Why don't you start there.

Seven, ACORN. I do not want ACORN and its affiliates in charge of our 2010 census. I want them investigated. I also do not want mandatory escrow fees contributed to them every time on every real estate deal that closes. Stop the funding to ACORN and its affiliates pending impartial audits and investigations. I do not trust them with taking the census over with our taxpayer money. I don't trust them with our taxpayer money. Face up to the allegations against them and get it resolved before taxpayers get any more involved with them. If it walks like a duck and talks like a duck, hello. Stop protecting your political buddies. You work for us, the people. Investigate.

Eight, redistribution of wealth. No, no, no. I work for my money. It is mine. I have always worked for people with more money than I have because they gave me jobs. That is the only redistribution of wealth that I will support. I never got a job from a poor person. Why do you want me to hate my employers? Why ?? what do you have against shareholders making a profit?

Nine, charitable contributions. Although I never got a job from a poor person, I have helped many in need. Charity belongs in our local communities, where we know our needs best and can use our local talent and our local resources. Butt out, please. We want to do it ourselves.

Ten, corporate bailouts. Knock it off. Sink or swim like the rest of us. If there are hard times ahead, we'll be better off just getting into it and letting the strong survive. Quick and painful. Have you ever ripped off a Band?Aid? We will pull together. Great things happen in America under great hardship. Give us the chance to innovate. We cannot disappoint you more than you have disappointed us.

Eleven, transparency and accountability. How about it? No, really, how about it? Let's have it. Let's say we give the buzzwords a rest and have some straight honest talk. Please try ?? please stop manipulating and trying to appease me with clever wording. I am not the idiot you obviously take me for. Stop sneaking around and meeting in back rooms making deals with your friends. It will only be a prelude to your criminal investigation. Stop hiding things from me.

Twelve, unprecedented quick spending. Stop it now.

Take a breath. Listen to the people. Let's just slow down and get some input from some nonpoliticians on the subject. Stop making everything an emergency. Stop speed reading our bills into law. I am not an activist. I am not a community organizer. Nor am I a terrorist, a militant or a violent person. I am a parent and a grandparent. I work. I'm busy. I'm busy. I am busy, and I am tired. I thought we elected competent people to take care of the business of government so that we could work, raise our families, pay our bills, have a little recreation, complain about taxes, endure our hardships, pursue our personal goals, cut our lawn, wash our cars on the weekends and be responsible contributing members of society and teach our children to be the same all while living in the home of the free and land of the brave.

I entrusted you with upholding the Constitution. I believed in the checks and balances to keep from getting far off course. What happened? You are very far off course. Do you really think I find humor in the hiring of a speed reader to unintelligently ramble all through a bill that you signed into law without knowing what it contained? I do not. It is a mockery of the responsibility I have entrusted to you. It is a slap in the face. I am not laughing at your arrogance. Why is it that I feel as if you would not trust me to make a single decision about my own life and how I would live it but you should expect that I should trust you with the debt that you have laid on all of us and our children. We did not want the TARP bill. We said no. We would repeal it if we could. I am sure that we still cannot. There is such urgency and recklessness in all of the recent spending.

From my perspective, it seems that all of you have gone insane. I also know that I am far from alone in these feelings. Do you honestly feel that your current pursuits have merit to patriotic Americans? We want it to stop. We want to put the brakes on everything that is being rushed by us and forced upon us. We want our voice back. You have forced us to put our lives on hold to straighten out the mess that you are making. We will have to give up our vacations, our time spent with our children, any relaxation time we may have had and money we cannot afford to spend on you to bring our concerns to Washington. Our president often knows all the right buzzword is unsustainable. Well, no kidding. How many tens of thousands of dollars did the focus group cost to come up with that word? We don't want your overpriced words. Stop treating us like we're morons.

We want all of you to stop focusing on your reelection and do the job we want done, not the job you want done or the job your party wants done. You work for us and at this rate I guarantee you not for long because we are coming. We will be heard and we will be represented. You think we're so busy with our lives that we will never come for you? We are the formerly silent majority, all of us who quietly work , pay taxes, obey the law, vote, save money, keep our noses to the grindstone and we are now looking up at you. You have awakened us, the patriotic spirit so strong and so powerful that it had been sleeping too long. You have pushed us too far. Our numbers are great. They may surprise you. For every one of us who will be there, there will be hundreds more that could not come. Unlike you, we have their trust. We will represent them honestly, rest assured. They will be at the polls on voting day to usher you out of office. We have cancelled vacations. We will use our last few dollars saved. We will find the representation among us and a grassroots campaign will flourish. We didn't ask for this fight. But the gloves are coming off. We do not come in violence, but we are angry. You will represent us or you will be replaced with someone who will. There are candidates among us when hewill rise like a Phoenix from the ashes that you have made of our constitution.

Democrat, Republican, independent, libertarian. Understand this. We don't care. Political parties are meaningless to us. Patriotic Americans are willing to do right by us and our Constitution and that is all that matters to us now. We are going to fire all of you who abuse power and seek more. It is not your power. It is ours and we want it back. We entrusted you with it and you abused it. You are dishonorable. You are dishonest. As Americans we are ashamed of you. You have brought shame to us. If you are not representing the wants and needs of your constituency loudly and consistently, in spite of the objections of your party, you will be fired. Did you hear? We no longer care about your political parties. You need to be loyal to us, not to them. Because we will get you fired and they will not save you. If you do or can represent me, my issues, my views, please stand up. Make your identity known. You need to make some noise about it. Speak up. I need to know who you are. If you do not speak up, you will be herded out with the rest of the sheep and we will replace the whole damn congress if need be one by one. We are coming. Are we coming for you? Who do you represent? What do you represent? Listen. Because we are coming. We the people are coming.

About the Author

When I retired after 35 years as a mortgage banker, I thought my "working" days were finished. I was enjoying the"good" life traveling the country in my motorhome with my wife, Carolyn and Max, our Bichon. Throughout my life, I always was an MLM junkie becoming involved in at least 15 different programs achieving various levels of success. After retirement, I thought my addiction to MLM was in the past. But alas, I stumbled upon another program that really grabbed my attention, and once again I'm doing the "business". What I have this time is a unique and very marketable, non-competitive product, an upline to die for and Magnetic Sponsoring.
http://wallysweb.ws

LER100 - George Apaliski Introduction

Regarding » Employment Law Job Posting

Sunday, February 14th, 2010

employment law job posting
Should there be a law that prevents employers from posting jobs and withdrawing them from applicants?

I applied for 2 jobs at a state employment recruiting office for the same company. Three weeks went by and I had absolutely no response. I notified the employer today and they stated that they were running slow; therefore, they were not hiring. Should this be illegal?
Seriously, what do employers think applicants are? Fish?

We are in a RECESSION. The employers have everything in their favor right now so they feel that they can treat applicants like crap. I have never seen the business world so cruel. The only advice I can offer is: toughen up. I am sorry, but it is very tough right now.

Nadine Bocelli & Company, Inc. - New York Legal Staffing Services

The Truth As It Relates To » Employment Law Laid Off And Comparable Analyses

Friday, February 12th, 2010

employment law laid off
Continuance without a finding ------ How does this effect future employment?

Hi everyone,

When I was 17 I hung around the wrong crowd that manipulated me into stealing some money. I did get caught and I was charged as an adult. My charges were larceny over $250 & ID fraud. To say the least, my friends turned against me. (Go figure, right?!)

Anyways the judge gave me a continuance w/out a finding. I had to pay restitution & check in with probation once a month. After 1 year, if I didn't get into any more trouble, it would be dismissed. Needless to say, I complied fully with probation. Paid back the money I stole & never got into trouble since.

I learned my lesson & for 7 years (I'm 24) I have never gotten into trouble. I seriously learned that I didn't like being on the opposite side of the law.

I just got laid off after working 4 years w/a company. I now have to seek employment. When I am asked if I have any convictions or felonies on my record, I can answer "no" w/out lying, right?

I don't have any felonies nor have been found guilty.

You need to be certain that the charge has been dismissed. Oftentimes, the promise is that it can be, but that doesn't make it automatic. Go back to court and get the record dismissed. In most states, for most jobs, employers aren't allowed to use non-convictions to make a hiring decision.

Once you're certain the count has been dismissed, you can safely answer that you have no convictions.

Your certainty that you have no felonies may not be correct. Each state is different, but if you had a full year of probation, the original charge may have been a felony.

Massachusetts Employment Lawyer - "Getting Laid Off"

A Quick Web Conclusion Of » Employment Law Pay Rise

Saturday, February 6th, 2010

employment law pay rise
Kenya : Furniture Sector Set for Boom as State Applies New Incentives
allAfrica: African news and information for a global audience
Tom's Tribute to Dennis Chavez

Another Simple Outline Involving Employment Law Jd Programs Coupled With Similar Studies

Wednesday, January 27th, 2010

employment law jd programs

How to Pick Your Recommenders

Excerpt

The following is an excerpt from the book The Ivey Guide to Law School Admissions

by Anna Ivey

Published by Harcourt; April 2005;$14.00US; 0-15-602979-0

Copyright © 2006 Anna Ivey

How to Pick Your Recommenders

Avoid jumping all over the first person who offers to write you a "great recommendation." Recommendation writing is both an art and a science, and few people do it really well, either because they don't know you well enough to address the things admissions officers care about, because they can't be bothered, or because they don't know how.

Recommender Tip #1: Academic Recommenders Many law schools state an express preference for academic recommendations, meaning someone who has taught you in college and can speak to your strengths as a student and a scholar. The reason they do that is because they look to your recommendations to try to predict, as best they can, how you'll do in law school, so they want to get a sense of your talents in the classroom. If the LSAT score is meant to give them an idea of your intellectual horsepower, your recommendations (along with your transcript) are supposed to let them gauge what you do with that horsepower. We all know people who are whip sharp but slackers in the classroom, and people who have to work their buns off to perform well -- admissions officers want to figure out where you fall on that continuum.

If you've been out of college for more than two years, admissions officers understand that it can be very difficult to track down your old college professors, and they'll cut you some slack. If you're in a graduate program, you can ask one of your graduate professors to write a letter. If you're out in the working world, you can ask your boss. If an undergraduate recommendation is at all possible, though, you should try to drum one up, and submit a second, nonacademic one (if required) from one of these alternate sources.

Of your various professors, the most useful ones are going to be those who taught classes that approximate law school the best: classes that are heavy on analytical reasoning, reading, research, and expository writing. Recommendations from classes like Theater, Communications, Creative Writing, Statistics, and Conversational French won't be as useful.

Recommenders that are almost always useless for the purposes of law school admissions include your state senator, friends of the family, relatives, famous people and muckety-muck judges who know you only socially (if at all), your lacrosse coach, and your choir director.

If you're still in school or a recent graduate, and you have some experience working in a legal capacity (as a paralegal, say, or an intern at a legal clinic), you can certainly submit a recommendation from the people you've worked for. Just make sure they are supplemental recommendation letters rather than substitutes for your academic recommendations.

If a school states no preference for the type of recommender they're looking for, assume they prefer an academic one. And if any school gives you instructions that contradict what I'm telling you here, follow those instructions.

Recommender Tip #2: Closeness Trumps Rank Remember poor old Matthew from the beginning of the chapter? He made a classic mistake: He assumed that a recommendation from a Nobel Prize winner was too good an opportunity to pass up, and he didn't stop to ask himself what that professor would be able to say about him. Matthew would have been much better off asking his TA for that class to write his recommendation (or picking another class entirely for his recommendation). His TA would have been able to base his recommendation on their weekly discussion groups and weekly assignments that the TA graded. Many law school applicants attend colleges that do not enable up-close-and personal relationships with professors -- some people spend four years interacting only with graduate students -- and they shouldn't worry that they are at a disadvantage with respect to their recommendations. The person writing the recommendation should be able to speak with experience and authority about you in the classroom, and if that means you have to forgo the Nobel Prize winner, that's okay -- you're better off with the TA. The same principle applies if your recommendation is coming from the working world. You're better off requesting a letter from the congressional staffer you worked with and reported to every day than the bigwig senator who still mispronounces your name or confuses you with the aide who worked for him three sessions ago.

Once you've cleared that hurdle, if you're choosing between someone with less teaching experience and someone with more, pick the latter. Being able to speak from the experience of teaching ten years' or fifteen years' or even decades' worth of undergraduates will give a teacher's opinion more weight. A TA won't have been teaching that long, and calling you the best student he's ever taught won't sound impressive if this is his first year teaching.

A caveat: While it's generally true that law schools prefer academic recommendations over professional ones, there's a tipping point for older applicants where it starts to look funny if you don't provide a recommendation from your employer. Unless you've been out of college for at least seven or ten years, though, or unless a school specifically prefers or requires a professional recommendation, you're still better off trying to drum up at least one academic one if you can.

Recommender Tip #3: Seminars Trump Lectures Why? Because your professors get to know you in seminars in a way they can't in lecture classes. The more class participation opportunities you have, and the more substantial the writing and research you do for a class, the better able your professor will be to discuss your academic talents. If you're reading this book in your undergraduate years, try to take multiple seminars with a professor with whom you really hit it off. Even better, take on a major project with a professor, like a thesis.

Seminars tend to be higher-level classes, so you probably won't be able to take them until your junior year, at the earliest. Your professor will need at least the entire semester, if not multiple semesters, to get to know you and your work, so plan ahead. You'll need time to cultivate those relationships.

Recommender Tip #4: Willing and Able It's human nature: People are busy at best, lazy at worst, and don't like writing bang-up recommendations except for the few pet students and employees they really want to go to bat for. And that's under the best of circumstances. With the huge upsurge in law school applications in recent years, professors and bosses are bombarded with recommendation requests, and they grant many that they shouldn't. Why? Because they are usually nice people who don't have the heart to say no, even though they don't have the time or the energy or the knowledge to write meaningful letters, letters that will really help your cause with admissions officers. So be smart about how you approach people. You should ask professors to be candid with you:

Do they have time to write a recommendation for you? Tell them you understand that they are deluged with requests and that a well-crafted and effective recommendation letter takes time and effort. Ask them politely to decline if they don't think they can make that commitment right now. This also gives them an easy out if they don't think they can write you a favorable letter.

Do they think they can write a very strong letter on your behalf? If they say no, be gracious and thank them for their honesty. Make clear that you're happy to approach someone else if they have any reservations at all, and explain that you'd still love to hear their constructive feedback for your own benefit.

If there is any resistance or push-back or wavering, anything less than an enthusiastic commitment right off the bat, let it go. Thank them and move on. There will be times when you have taken a number of classes with a professor or worked very closely with a boss who has gotten to know you very well, but you suspect that she is not one of your greatest fans for one reason or another. Maybe she doesn't like your writing style. Maybe he doesn't like your view of Plato, or how you handled the Crisco account. Maybe she's sick of losing her top people to law school. Maybe you'll lose your bonus if he gets wind that you'll be bailing. Whatever the reason, you're better off finding someone else. Closeness and status don't help if a recommender isn't going to say great things about you.

Recommender Tip #5: Collaboration Also try to gauge whether your potential recommenders would be willing to work with you on the letter. They should be grateful to receive that offer of help -- and many will be -- but some won't be open to collaboration at all. All else being equal, pick the person who is willing to work with you and understand why you're applying to law school, what you're trying to communicate in your applications, and how you're trying to present yourself.

For example, I recall reading an application essay that set forth all the compelling reasons why that particular applicant wanted to leverage his banking and finance experience as a corporate lawyer. You can imagine my eyebrow cocking when I got to the recommendation letter written by his boss at the bank, who explained that the applicant wanted to go to law school so he could be an "agent for social change." Those things aren't inherently exclusive of each other, but the recommendation just wasn't in sync with the rest of the application, which hadn't talked at all about wanting to bring about social change. It felt like something the recommender had just thrown in there because he thought that must be what law schools want to hear.

How do you make sure that your messages are in sync? By being prepared and giving them the information they need to write their letters. Collect the information that you want your recommenders to have:

A letter explaining

why you're applying to law school;

what schools you're applying to (your list doesn't have to be final, but if, for example, you're applying only to New York or D.C. schools, your recommenders should know that, and why);

how you're positioning yourself in the rest of your application (if you're far enough along with your drafts, you should include your personal statement or statement of purpose; good recommenders will demand them);

which qualities you want them to address in their letters (you'll compile that list from the individual law schools' recommendation forms), along with suggested anecdotes and examples to illustrate them; and

when the letters are due (i.e., when you want them submitted to LSDAS), and when you'll be checking in with them to follow up

Your résumé

Your transcript

Copies of any graded class work and assignments for that professor, as well as any exams you've taken for that class; for a professional recommender, copies of any reports, assignments, memos, and evaluations

Stamped and addressed envelopes for mailing the letters to LSAC

It's best to present this information to them when you both have some time to review it together. Offer to take your recommender out to lunch or coffee so you can have a heart-to-heart about your strategy and your goals, and also so you can refresh your recommender's memory about your talents and performance. Make sure they know how to get in touch with you if they have any follow-up questions or run into any problems.

Explaining your goals is particularly important when you meet with your recommenders, because many professors and employers despair at losing their top talent to law schools. They are not wrong in concluding that law school is a default choice for many college students and employees looking for a career change. You will go a long way toward winning their unqualified support if you can persuade them that you've really thought about why you want a law degree and what your long-term career goals are.

Recommender Tip #6: Show-offs Most professors think they are A+, world-class recommendation writers when in fact, as I explained above, most are far from it. If a professor shows off about how great his recommendations are, don't assume it's true. Better to run far away -- in my experience, those are the people who are the most clueless about what a good law school recommendation looks like. I'd be especially wary of people who claim to have a great reputation with law school admissions committees or to have some kind of special "in" at the admissions office. There's way too much turnover among admissions officers at law schools to assume that the person who ends up reading your file will have even heard of that professor. The delusions of grandeur are hilarious from the admissions officer's side of the fence, but it's not funny for the applicant.

Recommender Tip #7: Presentation I'm almost embarrassed to have to say this, but I've seen this all too often: Make sure you choose someone who can write well. It's shocking how badly some recommenders write. Sometimes one gets the sense that they're just hasty and sloppy and haven't proofread their work, but other times it's clear that they're just bad writers, plain and simple. Bad writing gravely undermines whatever good things they might have to say about you.

Recommender Tip #8: Timeliness Be wary of professors who are habitually, chronically, congenitally tardy or disorganized. I've seen too many applications held up by recommenders, when the entire file is complete but for that one letter. Some people end up missing the application deadline entirely because of their recommenders. Don't let this happen to you. If the best person to write your recommendation has a problem with deadlines, you need to ask early and often and ride him hard, or pick someone else altogether.

Copyright © 2006 Anna Ivey

Author

Anna Ivey, JD, served as dean of admissions at the University of Chicago Law School. She now runs Anna Ivey Admissions Counseling, a counseling firm for college, business school, and law school applicants. She divides her time between Boston and Orlando. Please visit her website at http://www.annaivey.com.

About the Author

Elaina Goldstein for Rhode Island Senate

About Employment Law Online Advice Together With Similar Research

Saturday, January 9th, 2010

[mage lang="" source="flickr"]employment law online advice[/mage]
I'm looking for legal/professional advice. What are the steps in forming a freelance part-time company?

I'm looking to start a freelance illustration company. I have a full time employment, but wish to get my illustration company up and running, part-time only. It would only be one employee, myself. I need to find any information as to what steps to take in regards to IRS, New Jersey law. As my business will be an online service.

Given the potential legal liabilities that could be tied to an illustration company, copyright infringement being one of them, it would be prudent for you to incorporate your business. Incorporating your business will afford you some measure of protection to your personal assets if someone should sue your business. You will need to file a certificate of incorporation or you can incorporate online with New Jersey at https://www.state.nj.us/cgi-bin/treasury/revenue/dcr/filing/page1.cgi

After incorporating, the next step is to get a federal tax ID number for the corporation (called an Employer Identification Number) from the IRS by applying at https://sa2.www4.irs.gov/modiein/individual/index.jsp

After that you are going to want to make what is known as an S-election for your corporation with the IRS within 75 days of your incorporation. The form to make the election can be found at http://www.irs.gov/pub/irs-pdf/f2553.pdf and the instructions can be found at http://www.irs.gov/pub/irs-pdf/i2553.pdf

You will want to make a corresponding election with New Jersey. The form and instructions can be found at http://www.state.nj.us/treasury/revenue/sub-s.pdf

What these elections do is prevent you from having your income taxed twice, once as corporate income and a second time as personal income and/or dividend income when you transfer income from the corporation to you. Instead it gets treated as a disregarded entity and your income is only taxed once on your personal income tax return.

Even with this general outline, it may be confusing for you to navigate the entire process on your own. You may want to consider having an attorney handle the process for you.

Good luck.

Marc Tow from www.TowLaw.com a Real Estate Attorney

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The Reality As It Pertains To » Employment Law Singapore

Friday, January 1st, 2010

employment law singapore

Singapore Employment Pass Visa (EP)

Foreign Entrepreneurs, Professionals, Managing Directors and Shareholders who wish to relocate to Singapore to be actively involved in your company operations, can apply for an Employment Pass (EP)

Foreign individuals who are residing overseas can setup a Singapore private limited company and apply for their employment pass to operate their company operation.

To apply for your Employment Pass, you will need to setup a Singapore Private Limited Company.

To be considered for an Employment Pass, applicants will be assessed based on their salary, qualifications, relevant work experience and nature of job, and other factors. EP applicants must earn a fixed monthly salary of at least $2,500.


There are basically three categories of EP: the P1, P2 and Q Pass. They differ in the amount of salary earned and types of jobs. All EP holders qualify for dependant privileges

Pass Types

P Pass/Q1 Pass

There are three categories of Employment Pass: P1, P2 and Q1 Pass. The P Pass is for foreigners seeking professional, managerial or executive and specialist jobs.
P1 Pass – for applicants earning a fixed monthly salary of more than $7,000.
P2 Pass – for applicants earning a fixed monthly salary of more than $3,500 and up to $7,000 and he/she possesses recognised qualifications.
Q1 Pass – for applicants earning a fixed monthly salary of more than $2,500 and he/she possesses recognised qualifications.

Compensatory factors such as skills and years of experience may be taken into consideration for Q1 applications.
Passes for Family Members


Employment Pass holders can apply for the Dependant's Pass and/or Long-Term Visit Pass for their family members.

Dependant's Pass

Both P and Q1 Pass holders can apply for a http://www.rikvin.com/Singapore-Employment-Pass-Visa-Employment-Entrepass.html for their:
Spouse
Unmarried or legally adopted children under 21 years of age, including newborns


Long-Term Visit Pass

P Pass holders can also apply for a Long-Term Visit Pass for their:
Common law spouse
Unmarried daughters above 21 years of age
Handicapped children
Step-children
Parents/parents-in-law

In summary,

Pass Type Granted to Employment Pass Holders

Dependant's Passes

Long-Term Visit Passes

P

Yes

Yes

Q1

Yes

No

Singapore Dependant's Pass

The Dependants Pass is for spouses or children of current Work pass visa holders in Singapore.

The visa holders must be Employment pass, EntrePass or S Pass holders and currently drawing a minimum fixed monthly salary of S$2,500 and above.

Holders of a Dependants Pass are also permitted to work in Singapore once the potential employer issues a letter of consent. (LOC)

AsiaBiz can assist you in the compilation of all necessary documents and forms for the Dependant's Pass. We will then process your application with the Ministry of Manpower

Singapore Term Social Visit Pass (LTVP)

Employment Pass (P1, P2) holder may apply for the Long Term Visit Pass (LTVP) for:
Common-law spouse;
Unmarried daughters above 21 years of age;
Handicapped children above 21 years of age;
Step children; and
Parents/parents-in-law.

Asiabiz can assist you in the compilation of all necessary documents and forms for the submission of the Long term Social Visit Pass.

About the Author

For more information of Singapore Company Incorporation, please visit www.rikvin.com



For more information on Singapore Accounting and tax services, please visit www.rikvinsingapore.com

Singapore Company Incorporation for Foreigners

A Small Conclusion With Regards To » Employment Law Human Resources

Monday, December 28th, 2009

employment law human resources

Employment Law - How to Make it Work For You in a Recession!

As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant.


For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it's not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up - indeed, it can be a minefield.


It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited.


There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal.


Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including:


1. Sex

2. Race

3. Disability

4. Religious Belief

5. Age

6. Sexual Orientation


Instances in which it is unlawful for an employer to discriminate against you on the grounds of these include:


• Refusing to employ or consider you for a job

• Offering you a job on less favourable terms than others

• Refusing to promote or transfer you to another job

• Giving you less favourable benefits than a colleague

• Shortening your working hours

• Dismissing you or making you redundant


There is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins.


Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances.


In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations.


Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate.

This article is free to republish provided the authors resource box below remains intact.

About the Author


John Mehtam is an experienced
UK Employment Law Solicitor
and specialises in
UK Employment Law Advice
from Shropshire based Employee SOS. The Employment SOS help line telephone number is 0845 293 2729.

Human Resource-Business Administration

An Important Short Summation In Regard To » Employment Law Timetable 2006

Monday, December 21st, 2009

[mage lang="" source="flickr"]employment law timetable 2006[/mage]

Clean Car Program to Promote Green Cars, Increase Savings

In the race to promote green cars among car buyers, legislations have been passed and marketing strategies have been formulated. In the State of California, true to Governor Arnold Schwarzenegger’s promise, these steps are already being implemented by the State government and the private sector.

The University of Michigan’s Transportation Research Institute (UMTRI) recently made a study concerning a possible incentive program which will promote the sale of green cars in California. The findings show that the incentive program can lead to a 33 percent reduction of greenhouse gas emission. The program not only helps the environment but also help drivers save on their fuel expenditures. The study found out that on an average, green cars can offer as much as $2,500 savings in fuel consumption.

The said program studied by UMTRI is known as the Clean Car Discount. This program offers a timetable of fees and rebates dubbed as “feebates”. The said feebates will be based on the amount of greenhouse gas emitted by the vehicle that car buyers will purchase. Of course, the less greenhouse gas a vehicle emits, the more the incentive that will be offered.

Currently, different clean car technologies are being employed by car manufacturers. In California, known as the hotbed of Asian car manufacturers, hybrid vehicles are the most popular green cars. The promotion of other clean car technologies such as clean diesels and flex-fuel vehicles is the aim of the new incentive program. Not only will the incentive program encourage car buyers to purchase green cars but also affect car manufacturers. “Our analysis shows that by harnessing the power of price signals, feebates spur consumers to purchase and manufacturers to produce cleaner vehicles,” says Walter McManus, the director of UMTRI’s Automotive Analysis Division.

The study conducted is entitled “Economic Analysis of Feebates to Reduce Greenhouse Gas Emission from Light Vehicles for California”. The said analysis is based on “The California Clean Car Discount Act” (AB 493) which is authored by State Assemblyman Ira Ruskin of the 21st Assembly District. The bill states that the California Air Resources Board or CARB must provide rebates to first time car buyers. The said rebates will be made available to those who purchase green cars or those with low global warming potential. The bill states that about twenty to twenty-five percent of cars and trucks will not be made available with the rebates. This may include large vehicles such as SUVs and pickup trucks such as the Chevrolet Colorado whether they are equipped with Chevrolet pickup traction bar or not.

The said legislation is expected to be considered by the California Assembly Appropriations Committee by the end of this month. Voting on the bill is expected to commence by early June.

The study made by the UMTRI examined the effect of the incentive program on the amount of greenhouse gas emissions released by vehicles on the State’s roads. The incentive program is also examined how it will work with the existing Global Warming Solutions Act of 2006 in reducing the amount of greenhouse gas released onto the atmosphere by cars and trucks. The study found out that the present greenhouse gas regulation reduces greenhouse gas emissions by as much as 26.7 percent. The said legislation enforces a limit on greenhouse gas emission by different industries in the state of California and imposes penalties for industries unable to comply.

With the existing regulation combined with the proposed bill which offers feebates at $18 for every gram of carbon dioxide emitted by a certain vehicle per mile, greenhouse gas reduction is 25 percent more than what the present regulation can do on its own. The present and the proposed regulation when used together can also help retailers earn by as much as 6.7 percent. This is because the feebates is expected to boost the sale of green cars. “We concluded that a feebates program combined with California's Pavley law is a potent policy solution to reduce global warming emissions because everyone gains - the consumer, the retailer and the environment we share,” says McManus. This proposed bill when passed into law will greatly reduce California’s greenhouse gas production since cars and trucks produced about a third of the total greenhouse gas emissions of the state. Presently, there are in excess of 20 million passenger vehicles on the state’s roads. That number is expected to rise by as much as 1.9 million vehicles every year.

About the Author

Anthony Fontanelle is a 35-year-old automotive.buff who grew up in the Windy City. He does freelance work for an automotive magazine when he is not busy customizing cars in his shop.

House Session 2010-04-14 (16:45:10-17:45:08)

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A Small Summary About » Employment Law Articles 2005 In Addition To Comparable Studies

Saturday, December 19th, 2009

employment law articles 2005

The Development Of Peterborough Law Firm Hegarty LLP From 1974 To Date

In February 1968 the Peterborough Development Corporation was established with a task to provide homes, work and a full range of urban facilities and services for an extra 70,000 people drawn mainly at that time from the Greater London Area. Richard Hegarty was born in nearby Stamford and went to Stamford School and even as a sixth-former saw the potential for legal work in the greater Peterborough area. Whilst at Leicester University studying law he saw the beginnings of the new Peterborough being built with new roads and houses and industrial developments beginning to make an impact on the Peterborough skyline.


Richard Hegarty graduated from Leicester University in 1972 and commenced his articles with a firm of solicitors in Leicester, Harding & Barnett, and then subsequently Gardner & Millhouse. He firmed up an intention to set up in practice in Peterborough in the early part of 1973. Richard's father was the managing clerk of a firm of solicitors in Stamford, Kelham & Sons, and had vast experience in conveyancing and probate matters over a 40 year period. He was due to retire at the end of 1974 and Richard and his father agreed to set up in practice in Peterborough. Mr Hegarty senior brought not only a vast experience but also many very useful contacts in the Peterborough area. The firm opened its doors on 15th October 1974 in premises at 16 Lincoln Road, Peterborough. Richard's mother was the receptionist and typist. The offices consisted of two rooms and a cubby-hole which was a makeshift reception. Peterborough had not seen a new firm of solicitors for some time, but the timing could not have been better with a substantial increase in the number of new homes being built in Peterborough and an influx of new residents. In the early days Richard would do criminal, family and conveyancing work, but it soon became apparent that the firm would have to expand to cope with the substantial volume of work that was coming to the firm. Mr Hegarty senior retired from Kelham & Sons in December 1974 and initially was going to work part-time in Peterborough. The work load was such that it was immediately obvious that he would need to work on a full-time basis and this he did until he died in harness in August 1983.


The firm continued to thrive on the back of the expansion of Peterborough, and in October 1977 Tim Thompson joined and became a partner shortly after qualifying in 1979.


Hegarty & Co opened a branch office in Stamford in December 1979 in Maiden Lane. These premises soon proved to be too small for the volume of work that came into the Stamford office and in 1984 the firm purchased premises at 10 Ironmonger Street and redeveloped them into modern offices. The Stamford office continues to practice to this day from those premises.


The expansion of the Peterborough office continued at a pace and in 1984 the whole of 16 Lincoln Road was purchased and redeveloped into offices. Martin Bloom joined the firm as in 1980 and the practice continued to expand the areas of law which it was involved in.


In the mid-1980's it was decided that each solicitor would no longer handle a broad range of legal matters but should specialize, and so separate departments for property, crime, litigation and family were created. Although such specialization in firms of solicitors is now taken for granted, at this time it was very much a new phenomena for provincial firms.


Towards the end of the 1980's it became apparent that the firm would have to move into new offices to be able to cope with the increase in the numbers of staff and the onset of new technology. A site in Broadway was earmarked for development and the partners purchased the site and built offices which they still own today.


Richard Hegarty was elected to the Council of the Law Society in 1989 to represent solicitors in Cambridgeshire and Bedfordshire. He spent a total of 16 years on the Law Society Council during which time he held a number of senior posts. In the early 1990's he lectured extensively in practice development and was instrumental in a number of projects at the Law Society which were designed to improve the quality of legal services provided by solicitors. The most notable of these were the creation of the "practice management standards" which Richard helped to write in the early 1990's. Richard saw the importance of improving the quality of legal services that solicitors provided and how important the use of systems was going to be in the 1990's and beyond. Practice management standards developed into the accreditation mark Lexel which is now the accepted standard for quality firms in England and Wales. Hegarty & Co were one of the first firms to obtain accreditation to BS5750 which is now the ISO 9001 standard. This accreditation they retain today together with the Law Society Lexel standard.


Although he retired from the Law Society Council in 2005 Richard still serves on the Compliance Committee of the Solicitors Regulation Authority and is a member of the Law Society's Lexel assessment panel.


As the firm developed, the partnership increased and Matthew Sidebottom was made a partner in 1990 four years after joining the firm.


In 2003 Kally Singh, who had completed his training with the firm, became a partner and Hugh Nicholls, who had been at a major City of London practice for 17 years joined as a partner.


On 1st May 2006 the firm became a limited liability partnership with the name of Hegarty LLP. The same year saw the appointment of three new partners Andrew Heeler, Greg Baker and Sean Rowcliffe increasing the number of partners to it's current total of nine.


Richard Hegarty says, "Today Hegarty LLP is recognised a major regional firm employing almost 70 staff, and provides a broad range of legal expertise.It is pleasing to have helped with that vision of Peterborough back in 1968 and help in a small way acheive is goals"

About the Author


Richard Hegarty
  founded the firm of Hegarty LLP in Peterborough 1974. He is the Senior and Administrative Partner and deals with company commercial matters. Visit his site at www.hegarty.co.uk

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A Revealing Debate And Conclusion Related To » Employment Law Cases Employees

Thursday, December 17th, 2009

employment law cases employees
BLR Announces Dates, Location for 2010 National Employment Law Update Conference
Educational Sessions to Inform and Prepare Employers and HR Professionals for Changes Ahead (PRWeb May 10, 2010) Read the full story at http://www.prweb.com/releases/2010/05/prweb3974674.htm
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Concerning » Labor And Employment Law Milwaukee And Other Studies

Monday, December 14th, 2009

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Photo Release -- Orion Energy System's Apollo(R) Light Pipe Included in Landmark Renewable Energy Legislation Signed ...
MANITOWOC, Wis. -- Orion Energy Systems, Inc. thanks Wisconsin Gov. Jim Doyle for his leadership in signing into law forward-thinking legislation that will improve the environment and create jobs statewide.

The Truth Of The Matter As It Relates To » Employment Law Qatar

Monday, December 14th, 2009

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How highly would an Oxford Law degree be seen with regards to employment prospects in the Middle East?

I will soon complete a law degree at Oxford and then have plans to seek employment in the Middle East. I already have much family in the region as i am half Lebanese...many of whom work in Qatar and dubai and other small emirates. What employment prospects would i get in such gulf countries with my degree and would it be regarded very hgihly? I have heard that degrees speak volumes in the middle east, and was wondering if anybody had any insights to add. Are the salaries much greater for jobs such as lawyer or investment bankers? I do understand that much of the finaical benefit is felt due to the absence of income tax but what are the differentials in salary? I am just curious about whether to remain in England and search for a job or move out.. I also love the culture and feel it would be a great experience. If it helps, my potential career will almost certainly be either lawyer or investment banker. Thoughts/experiences would be appreciated. Many thanks, Steve

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A Simple Summary With Regards To » California Employment Law Tools In Addition To Other Studies

Thursday, December 10th, 2009

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Most Common California Overtime Law Violations – Find Out Now!

Before discussing the California overtime law, it’s important to know who is eligible to receive overtime. There are two types of employees: "exempt" and "non-exempt". Exempt employees are often referred to as salaried employees and non- exempt employees are often referred to as hourly employees. However, an employee may be salaried and still be considered non-exempt and entitled to overtime. Exempt employees are treated exactly as the term sounds; exempt from overtime pay. Non-exempt employees are not exempt from receiving overtime pay. In other words, non-exempt employees are eligible to receive overtime unless the employee is misclassified or the employee is otherwise exempt under a California wage order. For more information on the guidelines for classifying employees as exempt or non-exempt, you should contact the California Department of Labor or a California labor law attorney. Not classifying employees properly is illegal and can be a costly mistake for employers out of compliance.


In general, California overtime law dictates that the non exempt employee is entitled to time and a half pay or 1.5 times their regular wage for each hour the employee works past 8 hours in a day or 40 hours in a week. The California overtime law also states that the non exempt employee is due double time pay or twice the amount of their regular hourly wage for every hour past 12 hours in a day. Where as federal overtime laws only require additional compensation past 40 hours in a week, California overtime laws differ in this regard.


California employers will often choose to follow federal law as opposed to California overtime law, and in doing so they sometime unknowingly cheat their employees from daily overtime that is due to them. But the most common violation of California overtime law is frequently referred to as misclassification. This occurs when the employer misclassifies the employee as exempt from overtime when in fact, their actual job duties are that of a non-exempt employee and are actually entitled to California overtime pay. California labor laws are very specific about what mandates an exempt employee classification.


Other common violations that might require the assistance of California labor law attorneys or the California Department of Labor would be if the employee’s time sheet is altered in anyway and does not truly reflect the time worked, or if unlawful deductions have been made from the employee’s wages. Some common examples of unauthorized wage deductions are unintentional breakage of employer property (glassware, tools, etc) or cash shortages identified at the end of a shift.


Lastly, the employee’s rights are violated if they do not receive the proper rest periods and meal breaks. This means that if the employee is going to work more than 6 hours in a day, the employee is entitled to a half hour uninterrupted meal break within every 5 hour period worked and a 10 minute break within every 4 hours worked. Sending the employee home a half hour early or clocking them in a half hour before they have begun working, to avoid giving the employee a break during the day, is a direct violation of the employee’s rights. If you find yourself in this situation, or in a similar circumstance, it may be prudent to contact a California labor law attorney for a more informed opinion of your potential wage claim.


California overtime laws are in place to protect the California workforce. If an employee has had their rights violated in any of the ways discussed above, the employee may very well be entitled to overtime pay and should seek the assistance of California labor law attorneys or the California Department of Labor. The biggest difference between the California Department of Labor and California labor law attorneys is that a California labor law attorney can go back up to 4 years to recover unpaid overtime. The California Department of Labor typically will only recover wages from the last 3 years of employment. Often employees will worry that legal costs may be an issue when making this type of choice. However, there are a large number of qualified California labor law attorneys that offer their services on a contingency fee basis. Either way is shouldn’t cost you anything to claim what is rightfully yours.

About the Author

Lars Vheltzer is a freelance journalist who comments on California overtime law and using either the California Department of Labor or a California labor law attorney to resolve overtime violations.

Is Capitalism Always Good for Democracy? - Robert Reich

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A Brief World Wide Web Summation Of » Overseas Employment Law Enforcement Together With Other Research

Tuesday, December 8th, 2009

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Executive Protection 10 Secrets For Gaining Bodyguard Jobs

Executive Protection 10 Secrets For Gaining Bodyguard Jobs provides inside secrets on how to find well paid executive protection bodyguard jobs.

Globally business security is a huge growth industry, and the sector of providing VIP executive protection for business executives is one of the fastest growing sectors of the security industry.

People are flocking to the executive protection industry searching for lucrative bodyguard jobs.

Professional bodyguards have never been in greater demand as businesses trade more freely overseas in joint venture business partnerships. Sadly this leaves many businesses vulnerable to attack from organised crime gangs and terrorist organisations.

Business executives and company directors are being specifically targeted for kidnap for ransom. Company freight and other valuable assets are being frequently hijacked. Marine transported freight; cargo and crew are under constant attack from modern day pirates.

This increase in attacks against businesses dictates a need for professionally trained bodyguards. Key emphasis on professionally trained.

Unfortunately the interpretation of a professionally trained bodyguard is wide open to interpretation and is often different between all the bodyguard training companies.

In my 20 plus years of close protection bodyguard industry experience the highest majority of bodyguards I've trained joined the close protection industry because they wanted a career change which offered them a sense of excitement but also paid well.

Hence lucrative openings for close protection jobs and the rush to join the executive protection sector providing close protection for business executives.

This is one of the sectors that many new close protection recruits leave their training programme seeking bodyguard jobs in Iraq, or bodyguard jobs in Afghanistan. In reality these close protection jobs are not for the feint hearted or fresh recruits.

Ideally you should begin by searching for a bodyguard job in the UK, or a bodyguard job in some other low to medium risk theatre so that you can learn your trade before seeking bodyguard jobs in any of the high to extremely high risk theatres of operation.

Cutting your teeth on a low risk close protection operation in the UK is often a great foundation to build your body guard jobs search campaign.

VIP Protection 10 Secrets #1

Bodyguard Job Research

Contrary to what many close protection companies may tell you when they attempt to extract your money for training body guard jobs are difficult to come by.

In-depth research into identifying recruitment agents and agencies offering bodyguard jobs in any of the security sectors is essential. The British American Security Expert is a good first port of call.

VIP Protection 10 Secrets #2

Close Protection Basic Training

Before you even begin to think about finding a bodyguard job in any of the security and close protection sectors you need to have completed your close protection basic training.

Complete your due diligence to identify that the company taking your money for training is recognised Internationally. If they are not then you will struggle to find any body guard jobs.

VIP Protection 10 Secrets #3

Close Protection Membership

It is always a huge help when seeking a bodyguard job in any of the close protection sectors to have a close protection membership in an internationally recognised bodyguard association.

Many past students found their first bodyguard job in the security industry by being a member of the LEBAI Law Enforcement & Bodyguard Association International.

VIP Protection 10 Secrets #4

Bodyguard Employment Mentoring

Well paid body guard jobs rarely present to fresh close protection recruits.

If you are serious about long term sustainable bodyguard job in the close protection sector then you need to retain the professional services of a globally recognised British American Security Expert to provide you with close protection mentoring.

VIP Protection 10 Secrets #5

Bodyguard Employment Identify Your Niche

Before you begin to search for close protection jobs, you need to identify your niche or your USP Unique Selling Point.

i.e. What particular skill set do you possess that sets you apart from every other recruit seeking well paid body guard jobs. Identify your niche & USP and better paid body guard jobs will come your way.

VIP Protection 10 Secrets #6

Bodyguard Job Advanced Training

The British American Security Expert recommends if you are looking for a bodyguard job in Iraq or Afghanistan than it's essential to have graduated from advance close protection training that prepares you for high to extremely high risk close protection jobs.

Executive Protection 10 Secrets #7

Bodyguard Job Specialist Training

Many new recruits to the close protection industry view body guard jobs Iraq and Afghanistan as the route to instant riches.

Many enter this close protection jobs sector ill-equipped and ill-prepared. The key to obtaining close protection jobs in any high risk theatre of operation is graduation from close protection specialist training.

VIP Protection 10 Secrets #8

Bodyguard Employment Overseas Networking

Lots of recruits enter the close protection jobs market seeking bodyguard employment overseas. However it is worth noting that overseas bodyguard employment is generally found by registering with one or more of the agency recruitment companies.

VIP Protection 10 Secrets #9

Body Guard Jobs Marketing Yourself

The British American Security Expert has written extensively for the need for new bodyguard recruits to understand the need for marketing yourself.

The highest percentage of bodyguards seeking a bodyguard job in the security industry fail because they never address marketing themselves.

VIP Protection 10 Secrets #10

Body Guard Jobs Promoting Your Business

You may be a highly trained bodyguard seeking close protection jobs in the security industry but you are more than likely one of the 90% plus close protection officers working for themselves.

This means when considering any kind of bodyguard job in the security industry you have to promote your business.

Until you accept that you are first and foremost a business person and second a close protection officer you will struggle to find any close protection jobs.

About the Author

Dr. Mark D. Yates The British American Security Expert provides high risk close protection, counter terrorism & SWAT training & consultancy in 42 countries. He's one of the world's top 5 executive protection specialists hired by government, military special forces, security agencies & corporates for his security expertise. Claim his FREE 52 security tips & visit him at => http://www.closeprotectiongz.com or e-mail him at drmarkdyates@aol.com

A Simple Overview With Regards To Employment Law Offer Letter In Addition To Other Studies

Tuesday, December 8th, 2009

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About Singapore labour law?

I need to consult you something on the employment issue.

For instance, if I have signed an employment letter on 14 August 2007, stating date of commencement on 1st October, and now I decide to reject the offer, is there any penalty to be incurred?

On the employment letter stated, "During this probationary period, we shall be entitled to terminate this contract by giving you 1 week's notice or 1 week's pay in lieu of notice without assigning any reason whatsoever. You will entitled to terminate your employment upon giving us 1 month's notice in writing."

From the above statement, according to Singapore labour's law, am i liable for penalty?

Please advise, appreciate with lots of thanks.

If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work (such as your case), the Employment Act does not apply as the employer-employee relationship has not started.

Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.

However if your employer wishes to claim compensation from you, he can still pursue a civil claim through his own lawyer.

You can check out with MOM for more details.

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A Good Brief Summary On The Subject Of » Employment Law Enforcement

Friday, December 4th, 2009

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Does receiving separation from DEP affect future employment with a law enforcement agency?

I recently requested -and subsequently received- separation from a military branch's DEP (Delayed Enlistment). I have been advised that I can honestly state I have never been in the Armed Services (due to never being on Active duty, nor entitled to any kind of military pay). Although I wanted to serve, circumstances changed between my signing and my ship date.
My question is: If I choose to apply to a police/law enforcement agency at a later date, can I honestly state that I have never been in the military? Will the military keep a record of my DEP separation? I have heard contradicting answers, and am looking for definitive answer from former or current military.
As well, to military servicemen, I envy your position and thank you for your honorable service. Thank you in advance for your answers.

You never served but you did apply and were accepted. That generates a paper trail for yourself and not necessarily a bad one. The fact you were accepted means your character and background are reasonably sound. When filing out the application state you never served if it asks any other questions like have you been dishonorably discharged, you can answer no. Keep the paperwork handy and explain to the person reviewing your file what took place. They will most likely ask for copies and check out your story. If its legit, there should be no problems. If it isn't there will be. BUT if you don't at least mention it and they find out about it, it may seem like you are hiding something and that could be the worst thing of all.

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The Reality As It Relates To » Employment Law

Tuesday, November 17th, 2009

employment law
are there any good EMPLOYMENT LAW SCHOOLS in California and Nevada?

I just decided my HR degree sucks!! I want something more challenging so I want to be a Labor/Employment Law Attorney. I first want to know if there are any good schools in California or Nevada..

1.UC Berkeley School of Law
215 Boalt Hall
Berkeley, CA 94720-7200
510-642-1741
2. University of California, Irvine School of Law
4500 Berkeley Place • Irvine,
CA 92697-8000 • 949-824-0066
3. William S.Boyd School of Law,
4505S, Maryland park way,Las Vegas,
NV89154.

Employment Law: Youth in the Workplace

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A Simple Internet Summary Of » Employment Law Help For Employees And Comparable Research

Sunday, November 15th, 2009

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Employment Law Training Suggests Employers Offer Alternative Jobs Before Redundancies

Several tips and pitfalls for employers regarding offering and moving employees to new jobs as an alternative to making staff redundant. Employment Law Training offers UK businesses the full picture of options when axing staff looms.

Employers facing a round of tough redundancies should consider offering staff alternative jobs instead.

In today’s increasingly competitive marketplace, some employers may well find they face tough decisions, with the harsh reality being that they have no option but to make some of their workers redundant.

This is obviously a difficult situation, but one which more and more companies are faced with as the economy struggles to cope on the verge of a possible recession.

But have you considered all the options – don’t just jump in straight away and take the drastic step of axing staff without exploring every other possible approach.

Could you for instance minimise the impact of your difficult position by finding alternative roles for those staff within your organisation instead? It may take time to work this out and solve the jigsaw puzzle of moving people around between different departments, but it could be well worth the patience and effort.

This approach though may seem to be the perfect solution, and could save you from the dreaded redundancy announcement.

But employers need to make sure they stay on the right side of the Employment Rights Act 1996 when it comes to managing the process.

You don’t want to find that simply by trying to help your employees, you are contravening the rules and getting your company into trouble.

The Employment Appeal Tribunal has also set out new guidelines to explain how you should manage the offer of an alternative job and there are definitely pitfalls you need to avoid.

Employers should offer the person a trial period in the new potential job, usually four weeks is the right kind of timescale as it will give you, and them, the chance to carefully assess whether it’s a suitable move.

Communicate clearly to the employees involved how the trial period for an alternative job will operate, right from the start – don’t leave them in any doubt about where they stand.

Ensure they know that if they want to turn down the new job, they must do it within the four-week period, because if they don’t, and the four-week deadline passes without a formal decision, they could forfeit their right to a statutory redundancy payment.

Make sure too that any proposed alternative employment is actually suitable for the employee involved, and not just a position where you happen to have a vacancy.

Offering your staff a job which you know will be beyond their skills or totally out of their remit could put you at risk of an unfair dismissal claim.

It’s completely understandable that bosses should want to try to help their staff, particularly if they’ve been with your company a long time, but make sure you’re operating within the guidelines, and that an alternative job offer really is appropriate.

You don’t want to make a difficult situation even worse by raising their hopes of avoiding the axe with a possible new job offer, only to find that it’s not right for you or them, and they are faced with being made redundant after all.

This article is free to republish provided the authors resource box below remains intact.

About the Author

John Mehtam is a specialist Employment Law Solicitor and heads the employment law team at Martin Kaye Solicitors. John runs numerous presentations on this specialist subject and offers Employment Law Training.

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Concerning » Employment Law Certificate Uk In Addition To Comparable Research

Sunday, November 15th, 2009

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How long do I have to keep personal documents such as old bank statements and expired insurance certificates?

Is there UK law that states these documents should be kept for a specific amount of time? I have a whole heap of old paperwork including cheque stubs, bank statements, old employment contracts, P60s etc. - -what should I do with them?

Revenues and Customs can ask you to prove your income for any tax year in the last seven years, so after seven years you can shread them.

You can put shreaded paper into a recyle box or composter.

Do not just put them in the bin or recycle box as Identity fraud is at an all time high.

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A Limited Online Compendium Of » Top Employment Law Blogs

Sunday, November 15th, 2009

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The Value of Branding Your Blog

Harnessing the marketing power of your blog is an excellent strategy for growing your business. With the many benefits of blogs, including SEO and developing customer loyalty, even Fortune 500 companies are jumping on the bandwagon. However, utilizing blogs is not as simple as writing articles that optimize your company’s keywords.

Seeing your blog as an extension of your marketing and branding efforts is the key to maximizing the benefits of blogging. Remember, the purpose of your blog is to attract your target customer base – and keep them coming back for more. With that said, there are several strategies you can utilize to maximize the marketing power of your blog.

What does your blog say about your company?

A major element of your marketing efforts is brand congruency. McDonald’s, Apple, Nike, and the other highly successful global organizations have achieved their status through intelligent, congruent branding. Keeping this in mind, it is critical that your blog stays in line with your branding efforts. Readers see the blog as a personal extension of the company, and thus, it is important that it reflects the same character of your branding strategy.

For example, if you run an online party supplies store that is known for creativity, then make sure your blog reflects that branding. Include innovative party ideas, such as themes, unique DIY decorating tips, and recipes. This creates significant value with your target customer base, while keeping in line with the creative branding your company employs.

How is your blog valuable to your target customer?

Although blogs are indeed beneficial for SEO purposes, the most power you can generate from your blog stems from attracting your target customer. With this in mind, carefully evaluate how valuable your blog postings are to your client base. Put yourself in their shoes; would you bookmark your blog and come back regularly?

One strategic – and easy – way to increase the value of your blog is to create specialized content. Positioning yourself as a specialist and expert in the field not only provides value to the customer, but inherently reinforces the legitimacy of your company.

For example, if you are a recruiting firm, then your blog should discuss pressing HR issues that your clients would find valuable. You could expound upon changing laws, new legal rulings, powerful interview questions, and background check tools. Not only do you reaffirm your expertise in recruiting employees, but you present very valuable information that would prompt your client base to become regular readers.

How does your blog stand out from the crowd?

With many of your competitors utilizing blogs, how can you compel your target audience to visit your blog? The key is to create innovative content that stands far above mediocre articles. While many blogs simply write average, keyword-rich articles for SEO purposes, make sure your blog shines with innovative content. Whether you infuse humor, compelling research, breaking news, or expert knowledge, writing interesting blog articles is the most powerful way to generate attention. Keep in mind that your goal is to create articles worthy of links – ones that other blogs and social networks will want to re-publish – and your content will easily stand out from the blogging crowd.

When you create innovative, valuable content that is in line with your branding strategy, your business can fully reap the benefits of blogging. Leave your competition in the dust as you jumpstart your marketing campaign with the power of today’s blog!

About the Author

Discover how blog content can increase your companys potential by visiting our Learning Guides. CommunicateBetter.org offers powerful freelance writing services, whether you need valuable, ghost-written blog articles or engaging, converting landing pages.

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A Limited Online Compendium Of » Employment Law For Staffing Professionals Together With Similar Analyses

Sunday, November 8th, 2009

employment law for staffing professionals

Human Resources Outsourcing Maintains Double-Digit Growth

Human Resources gained a permanent role in the American workplace during the 1950s, as the evolution of employment-related laws and sociological trends took shape. However, the past 20 years have witnesses an unprecedented rise of employment litigation, labor regulations, and tax laws far beyond the expectation of their originators.


Effectively managing Human Resources has become a daunting and complex task for small to mid-market business owners. U.S. corporations must grapple with one of the most complicated systems of employment laws in the world. This includes a laundry list of unfriendly policies, including laws governing hiring and termination, family leave, sexual harassment, paying employees, leaves of absence, employee benefits, and workers' compensation. In just the first months of 2007, dozens of laws dealing with every subject from discrimination to wage deduction have been enacted.


Putting HR in Expert Hands


One solution for frustrated business owners is to turn to Human Resources Outsourcing. An HR Outsourcing firm allows companies to shift responsibility of nonessential jobs that can be handled easily, and inexpensively, by off-site experts. An HRO Firm can either specialize in a niche service, or in a wide range of management and strategic solutions. These broadly include:


• Labor Law Consulting

• Management Training and Employee Development

• Employment Paperwork Administration

• Employee Benefits Packages and Administration

• Risk Management and Safety Services

• Payroll and Tax Services

• Insurance Solutions, including Workers' Compensation and EPLI (Employee Practices Liability Insurance)


In a recent survey by the Society for Human Resource Management, or SHRM, professionals in the industry were asked their opinions on HR outsourcing. Reasons to consider outsourcing included saving money, focusing on strategy, improving compliance, improving accuracy, lacking experience in-house, taking advantage of technological advances, and offering services they could not offer.


In that same SHRM report, HR professionals said the top function outsourced was 401k administration, along with training, health care and employee benefits administration, payroll, staffing, background checks, recruitment and policy writing.


Once HR and other operations are outsourced, many companies experience a strong return on investment, according to a recent survey of American executives. The 2006 survey of executives at the IDC Midwest Conference in Chicago showed nearly 85 percent of the respondents saved as much as they spent on outsourcing, with 26.4 percent reporting a savings of twice as much. And the savings, according to nearly 95 percent of the respondents, went toward operational performance and innovation, which improved shareholder value.


According to IDC, a market intelligence firm based in Massachusetts, companies worldwide are expected to spend more than $103.3 billion just on Human Resource Outsourcing this year, up significantly from the $61.2 billion spent in 2002. In the U.S., HR Outsourcing is the fastest-growing segment of business process outsourcing (BPO) and is expected to grow annually at a rate of 16 percent.


The frustration brought on by the government's obtrusive standards can be offset by the value found in HR Outsourcing. As any business who has experienced the benefits of HR Outsourcing will say, they finally have the peace of mind and time to focus on the only thing in business that really matters: their bottom line.

About the Author


Ari Rosenstein is the Director of Marketing for CPE HR, Inc, an HR Outsourcing and PEO firm servicing the small and mid-sized business sector. With more than 13,000 worksite employees in 24 states, CPEhr is one of the largest privately-held HRO firms in the nation. To learn more about HR Outsourcing, visit CPEhr at
http://cpehr.com
.

New York Legal Secretarial Jobs Law Secretaries Legal Secretary Jobs in NY

A Short Synopsis With Regards To » Employment Law Scholarships Together With Similar Research

Wednesday, November 4th, 2009

[mage lang="" source="flickr"]employment law scholarships[/mage]
Which should I choose? 3rd-tier Law schl with 20,000/yr scholarship, or Top-60 Law Schl with no scholarship?

I have been admitted to a fairly new Law School which does not rank even among the top 100 in the country, but they have offered me a scholarship of 20,000 every year for the 3-yr period. I have also been offered admission ot a school that is among the top 60 law schools, but with no scholarshoip. Should I go to the more recognized school and hope to pay off my loans by getting a good job wherever I can? or should I go to the less recognized school and give up the opportunty to be able to get employment anywhere I want in the USA?
Please help.

Agreed, the name of a law school really matters. The $20,000 per year may help you now, but it may be very hard to find a job, coming out of a law school that is relatively unknown among employers.

But before making the decision, there is something else you have to consider: are both schools located where you eventually want to practice law? Both schools will be regional schools, and it is hard to find a job in another region straight out of law school. If the third-tier school is located in a city where you want to work after graduation, while the T60 school is not, that would be a reason to consider the third-tier school.

2003 New Pioneers Awards

The Truth Of The Matter As It Relates To » Employment Law Openings Along With Similar Research

Sunday, November 1st, 2009

employment law openings

Importance Of Employment Contracts - Know Their Value

Anyone who works for an employer for a regular wage or salary automatically has a contract of employment, regardless of whether it is written or not. The majority of employees work under open-ended contracts of employment. In other words, the contract continues until such time as the employer or employee ends it.


Many other employees however, work under fixed-term or specified-purpose contracts which are contracts which end on a specified date or when a specific task is completed.

The contract of employment will include some or all of the following elements (regardless of whether the employer and employee have specified them or not):


The terms that the courts say are in every contract of employment. Examples include the duty of every employer to provide a safe workplace and the duty of every employee to carry out the job to the best of his/her ability. This part of the contract is occasionally referred to as "common law".


Terms that must be part of the contract as a result of laws passed. Examples include the right to take maternity leave. Such terms are part of the contract of employment even if the employer and employee do not specifically include them and replace any agreement between the employer and employee not to apply the particular law. So, the statutory right to take maternity leave overrides any agreement between the employer and employee that the employee will not take maternity leave.


Terms and conditions states must be in every contract, for example, the right of an employee to join a trade union.

Collective agreements


Joint Labor Committee Regulations


In addition, custom and practice in a particular workplace may form part of a contract. An example would be a particular level of overtime pay for employees.


In the case of these items instead of giving each employee the details in writing, the employer may refer an employee to other documents, for example, a pension scheme booklet or a collective agreement, provided that the employee has easy access to such documents.


The statement of terms must indicate the reference period being used by the employer for the purposes of the calculation of the employee's entitlements under the Minimum Wage Act, 2000. (Under that Act the employer may calculate the employee's minimum wage entitlement over a reference period that is no less than one week and no greater than one month).


The statement of terms must also inform the employee that he/she has the right to ask the employer for a written statement of his/her average hourly rate of pay for any reference period (except the current reference period) in the 12 months prior to the date of the employee's request.


Note. Specific provisions in contract of employment

In recent times, some employers are adding in specific provisions in contract of employment that limit the ability of employees to work in a certain sector, with certain suppliers, clients, for a period following termination of employment. (For example, it may specifically state that the employee cannot work in a certain sector, with or for suppliers or clients of the former employer, etc.). There is nothing in employment law in that strictly forbids this, but there is no provision in employment law that allows this either.


Essentially, this is an issue of contract law - that is, the contract of employment signed and agreed between the employer and employee. If you have any concerns about this issue, you are strongly advised to seek legal advice from a competent legal professional in advance of signing this contract of employment. However, even if the contract of employment is signed, you are always free to seek such legal advice. Attorney fees can vary widely so shop around and obtain some quotes for legal advice before you proceed.


Note. Probationary period

The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that:


* the contract of employment is in writing

* the duration of probation or training is one year or less and is specified in the contract.


The above exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy related matters, or entitlements under the maternity protection, parental leave, adoptive leave and career's leave legislation.


Changes to your contract of employment.


Changes to your contract of employment can occur due to a change in the law, but otherwise, changes must be agreed between your employer and yourself. The requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law.


From the above information you will see that the contract of employment is a very important document to have. Whenever you get hired, ensure that your new employer offers you this kind of security. Be cautious of employers who don't give contract of employment.

About the Author

Abhishek is a Career Counselor and he has got some great Career Planning Secrets up his sleeves! Download his FREE 71 Pages Ebook, "Career Planning Made Easy!" from his website http://www.Career-Guru.com/769/index.htm . Only limited Free Copies available.

Employment Lawyers Jobs

A Short Overview With Regards To » Online Employment Law Degrees

Tuesday, October 20th, 2009

online employment law degrees

Earning An Associate Degree Online In Law Opens Up A World Of Opportunities

Are you interested in working in law enforcement, a law office, or even getting into the private security field? If you are, you may want to start by getting an associate degree online in one of the many legal specialty fields. Many individuals are astonished at just how many different kinds of associate degrees you can earn in law and related fields.


One reason for this is that the United States has more people incarcerated than just about any other country on the planet. What that translates to is a wealth of opportunities in fields like criminal justice, where you could get a job in administration, corrections, cybercrime, law enforcement, private security, or even an associate's degree in probation and parole. Jobs like these are stepping-stones to getting an important job with a firm specializing in criminal defense, perhaps a job with the FBI or even the Justice Department. All you need to do to secure a good job with excellent pay and benefits is to take that first step: earning a degree in the appropriate field. Many people take that first step online, completing their studies through an online college or university.


The great advantage to earning your associate degree online is that you can do it at your convenience, at your own pace, and working from your own home, the public library, or anywhere that you can get access to the Internet. If you have a laptop with a wireless card, you can get started at your neighborhood coffee shop or at the local shopping mall, if it has Wi-Fi access. You don't have to be stuck at home if you don't want to be. With the growing prevalence of Wi-Fi access all across the country, you can access the Internet from almost anywhere. Many students would rather work from home, but at least there is the option to studying at a coffee shop or some other restaurant with Wi-Fi, having access to better coffee and not having to clean up after yourself when you leave are perks in their own right. But really, the main point is that it's never been easier to attend college, whether you intend to go into a legally related field or enter some other profession.


However, with unemployment up, and many businesses cutting back on hiring, some type of legal job is one of the best opportunities currently available. Some fields may be shrinking, but metropolitan police forces, sheriff's offices and other branches of law enforcement seem like they're always hiring. Right now private security is a growth industry. Once you're established in private security, there's almost no limit to what you can do. Working in private security can make it much easier to get a job with a police force, or you can continue to work in private security, rising through the ranks until you can establish yourself in a management or executive position. And it all starts with earning your associate degree online. Even if you have a full-time job, a family at home and other responsibilities, anyone with ambition to achieve this goal can do so and receive their diploma.


If the idea of working in the exciting, challenging world of law and law enforcement sounds like what you want to ensure your future employment, then start researching online schools now, checking out the colleges and universities where you can earn an associate degree online. There are so many legally related jobs out there that once you begin exploring these opportunities, you'll probably have a hard time making your choice.

About the Author

AssociateDegreeOnline.com offers the most informative and up to date information for people searching for an associate degree online.

The Versatility of a Law Degree

The Reality As It Pertains To Employment Law Uk Employers As Well As Other Studies

Monday, October 19th, 2009

[mage lang="" source="flickr"]employment law uk employers[/mage]

Employment Law Magazine, Personnel Safety Matters, Employers Legislation Information, UK

The Bottom Line Online is a quarterly employment law magazine, covering employer legislation information and personnel safety matters, published by Peninsula and distributed exclusively to its client base. The first edition was written and created in 1996 and over the years this publication has informed, entertained and educated Peninsula's clients.

The subjects covered in the employment law magazine include news, views and in-depth articles of how companies (particular SMEs) deal with and manage staff within the ever changing legal environment plus all the latest government legislation changes on employer legislation information, employment law, health and safety matters as well as general personnel safety matters and other issues.
It is written entirely by people who work within the employment law and health and safety profession, and is a vital reference point for managers and company owners who deal with HR and/or Health and Safety on a day to day basis.
This online version of the employment law magazine can be used as a reference point for all company owners, directors and senior managers who need to know the essential rules of employing and managing staff, keeping up to date with employer legislation information and personnel safety matters. As well as scrolling through the pages of the current edition, you will be able to check the back issues through our search facility.
To get started and view these latest articles register for free and gain access to the benefits.

The Bottom Line is only part of the portfolio of our services. To both their valued existing clients and any new welcome visitor to their site, it should be emphasised how BusinessWise online management service and the 24 Hour Advice Service can help ensure you are up to date with the complexities of the ever-changing employment law and health & safety legislation.

Employment Law Magazine | Personnel Safety Matters | Employer Legislation Information | UK

About the Author

1 of 3, Russell Brimelow

A Brief Internet Summary Of Employment Law Projects Coupled With Other Research

Sunday, October 18th, 2009

employment law projects

Law Firms - Providing Support Services Across The World

The Intercontinental Group of Accountants and Lawyers (IGAL) serves as a confluence of ideas and promotes business opportunities among its members who provide the necessary support services to their clients.

An International Network of Law Firms is a business entity formed by one or more lawyers to engage in the practice of law. The primary service provided by a law firm is to advise clients about their legal rights and responsibilities, and to represent their clients in civil or criminal cases, business transactions and other matters, in which legal assistance is needed.

In today's fast growing economy where the competition is really high, whether it is national or international every organization faces a great amount of challenges when working with clients. This challenge goes on increasing on international standards. To cope up with these challenges, IGAL provides consultations to clients to set up new business standards.

The member of International group of lawyers helps their clients in overcoming any obstacles in doing business in foreign environment, where a great emphasis has to be made in communication, quality and collaboration.

This international network of law firms provides consultations in the field of-

1. Company law,

2. Finance law,

3. IP-law, competition law,

4. Employment law, litigation,

5. Mergers and acquisitions and tax law and many more diverse areas

6. Legal assistance in project financing.

7. Advice on labor law, employment contracts, remuneration and severance packages

One of the biggest advantages of IGAL is that its law firms have highly qualified professionals and support staff, fluent in several languages – English, the common language of the network.

The members of Law firms take time to understand the business problem of the client, and then, identify various potential opportunities and obstacles. After thorough evaluation; they finally work with the client to create solutions in a timely and highly effective manner.

The network of law firms has an expansion all over the world. Some of its members are from the countries like-USA, India, Brazil, Switzerland, Chile, Singapore and many more.

IGAL as in "International Network of law firms" was formed in October 2005 and since then it has been giving an exceptional services to its clients through its member firms located in diverse countries.

About the Author

For more information about International network of law firms, International group of accounting firms and International group of lawyers visit http://www.igal-network.com/

Employment Law Project with bloopers 0001

About » Employment Law Bibliography In Addition To Similar Research

Friday, October 16th, 2009

[mage lang="" source="flickr"]employment law bibliography[/mage]

Ethics of Legal Profession

Synopsis:

Ethics of Legal Profession

Introduction

The profession of law is honourable, and its members are expected to act in an honest and upright manner, and any deviation from these elementary principles is liable to e dealt with severely.

An advocate practising law is under a triple obligation­­­­­­:

An obligation to his clients to be faithful to them till the last, an obligation to the profession not to besmirch its name by anything done by him, and an obligation to the court to be and to remain a dependable part of the machinery through which justice is administered. It is beyond the scope of treatise on legal ethics to describe the aims and uses of examinations of witnesses or to state the rules as to how evidence shall be recorded. In examining witnesses the advocate should not forget that he is not merely the counsel of client but also an officer of the Court to further the ends of justice. Similarly, the advocate should maintain towards his opponent utmost cordiality. Clients and not counsels are litigants. The ill-feelings between clients should not be allowed to influence the conduct of their counsel. Says Daniel Webster: “lawyers on opposite sides of a case are like the two parts of shears, they cut what comes between them, but not each other”

In the same way, Law being a fraternity, the profession is entitled to loyal support of its members in the maintenance of this tradition. There are certain duties of advocates towards his profession also; like, professional courtesy, co-operation, equal consideration to all members of the profession, encourage junior brethren, should stand up for its dignity and privileges whenever there is occasion for it, he should expose corrupt or dishonest conduct in the profession. Similarly advocates should also owe certain duties towards his colleagues which is analysed in subsequent pages.

In the words of Chief Justice Marshall has observed;

“the fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses ; to establish a spirit of brotherhood in the Bar itself ; and to secure that lawyers discharge their responsibilities to the community generally.”

Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of the profession lies in the three things-

  1. Organisation of its members for the performance of their function ;
  2. Maintenance of certain standards, intellectual and ethical for the dignity of the profession;
  3. Subordination of pecuniary gains to efficient services.

The codification of the canons of the professional ethics may give impression that the code is exhaustive while in reality it cannot be exhaustive. It has been rightly stated by P.Ramanatha Aiyer and N.S. Ranganatha Aiyer that it is not possible to formulate a code of legal ethics which will provide the lawyer with a specific rule to be followed in all the varied relations of his professional life.

Therefore, my project extensively deal with certain accepted canons of legal ethics which should be followed by lawyers in their ordinary discourse.

Meaning , nature  and  need  of  Professional  Ethics:

Professional ethics may be defined as a code of conduct written or unwritten for regulating the behaviour of a practising lawyer towards himself, his client, his adversary in law and towards the court. Thus, ethics of legal profession means the body of rules and practise which determine the professional conduct of the members of a bar. When a person becomes an advocate his relation with men in general is governed by the general rules of law but his conduct as advocate is governed by the special rules of professional ethics of the Bar. The main object of the ethics of the legal profession is to maintain the dignity of the legal profession and the friendly relation between the Bench and the Bar.

The American Bar Association Committee has well explained the need of the code of legal ethics. It is observed that the legal profession is necessarily the keystone of the arch of Government. If it is weakened by allowing it to be increasing for subject to the corroding and demoralising influence of those who are controlled by craft, greed or gain or other unworthy motive, sooner or later the arch must fall. The future of the country, thus, depends upon the maintenance of the shrine of the justice pure and unrolled by the advocates and it cannot be so maintained, unless the conduct and motives of the members of the legal profession are what they object to be. It, therefore, becomes the plain and simple duty of the lawyers to use their influence in every legitimate way to help and make the Bar what is ought to be. A code of ethics is one method of furtherance of this end. The committee has further observed that members of Bar, like Judges, are officers of the court and like judges they should hold office only during good behaviour and it should be defined and measured by such ethical standards, however high, as necessary to keep the administration of justice, pure and unsullied. Such standard may be crystallized into a written code of professional ethics and lawyer failing to conform thereto, should not be permitted to practise or retaining membership in particular organisation.

Stating the need for the code of conduct of lawyers Justice Sundaram Aiyer has said:-

Rules are necessary even for the best self interest is a misleading factor when you have to decide on the spur of the moment what is to be done in the circumstances. The fact that these are definite rules and that much discretion is given to the individual would itself be an additional source of temptation. Never adopt the standard of business profession. But after all whatever light we may seek to get from rules of conduct which has been prescribed in England or other countries, a great deal will have to be left to individual conscience. Nothing but a determination to err always on the safe side in cases of doubts will enable you to do your duty consciously. In this country it must be confessed that very often petitioners are guilty of questionable conduct owing to ignorance. They do not really know what is proper to be done in any particular case and as there are no rules to guide there, no settled tradition to serve as an aspiration, each one is a law unto himself. He has further observed that it is not desirable that the lawyer guidance should be altogether under the judicial control. It would be impossible for judges to control the bar satisfactorily. To strict a discipline on the part of courts is likely to unfair the independence and self-reliance on the members of the Bar. It is all the more necessary, therefore, that there should be disciplinary bodies and that the profession should itself try and frame rules for its guidance.

Sir Sivaswamy has rightly observed that it is of course true that men are not necessarily made moral by courses of lectures on ethics but it must be remembered that lapses from the traditional standard are often due to ignorance and that the diffusion of knowledge of rules applicable to the professions must contribute to the maintenance of a high standard of integrity. The observation of the canons of legal profession will, no doubt, raise the profession in the publication estimation.

Even prior to the Advocates Act of 1961, the provision for punishment for misconduct is found. Section 10 of the Indian Bar Councils Act, 1926 contained provision for the punishment of misconduct. Besides this, Legal Practitioners Act, 1879also contained provisions for punishment of advocates for misconduct. Like section 13, which says:

“Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct”

Section 14 . “Procedure when charge of unprofessional conduct is brought in subordinate court or revenue office”

Section 15.  “Power to call for record in case of acquittal under section 14”

Professional Ethics

Section 49(1)(c) of The Advocates Act of 1961,empowers the Bar council of India to make rules so as to prescribe the standards of professional conduct and etiquette to be observed by the advocates. It has been made clear that such rules shall have effect only when they are approved by the Chief Justice of India. It has also been made clear that any rules made in relation to the standard of professional conduct and etiquette to be observed by the advocates and in force before the commencement of the Advocates (Amendment) Act, 1973, shall continue in force, until altered or repealed or amended in accordance with the provision of the Act.[1]

Rules of conduct

The Bar Council of India has framed standard of conduct and etiquette of the Bar. They are called rules, and have been made is exercise of its rule making power under secs. 49(1)(c) of 1961. These are statutory rules, binding and enforceable. These rules have been printed in full in the Appendix 2 and may be seen, and read there.

The following rules, however, sum up the standard of conduct of the Bar and  are in no way inconsistent with the Rules of conduct referred to above. In so far as they are covered by the Rules of the Bar Council, they are statutory; the rest are traditional, and have their sanction is hoary past.

  1. In no circumstances may a lawyer be a party to a breach of the law.
  2. A lawyer may advise a client how to avoid a legal burden or restriction but is not bound to lend his services to an attempt to evade the policy of the law.
  3. No lawyer owes a duty to the court to assist it in the administration of justice, and with respect to certain matters this duty overrides his duty to his clients. Accordingly---
  • He must not be a party to the fabrication of false evidence. If he knows that his client has given false oral evidence, he should withdraw from the case if the client refuses to correct it. If the client insists on a false affidavits being filed, he should refuse to continue to act for him.
  • He should take care not to say anything to a client of whose honesty he is not sure, that may show the client how to improve his case by false evidence.
  • He must not present to the court on behalf of his client a dishonest claim or defence; but a defence that does not more than put the plaintiff to proof is proper.
  • Where the laws lays on a litigant a duty to disclose facts, it is the duty of the legal advisor to see that true disclosure is made, and if the client refuses to retire from the case.
  • He must not abuse the process of the court in order to injure the opponent or to benefit himself.
  • When appearing as an advocate, he must disclose to the court any relevant legislation or cases of which he is aware.

4. A solicitor must deal honestly and carefully, and in accordance with instructions, with money or other property held on behalf of his client. He must keep proper books and a separate account for the moneys of his client.

5.  A solicitor must not allow his business to be conducted by unqualified persons.

6. An Advocate is bound, except in special cases, to accept any bribe offered to him, provided it is to appear in court in which he profess to practise and a suitable fee is offered.

7. When the client can pay, a lawyer should not charge less than the fees allowable on taxation. But where the client is poor, there is no objection of charging a low fee or no fee at all.

8. A lawyer must not vary his fees according to the success or failure of the cause. However, in a case of poor client with a bonafide case, a solicitor may proceed on the basis that his costs will be met in the event of success, out of what is recovered. In the case of barristers this relaxation of the rule is not recognised.

9. A lawyer must not solicit business, (except to a strictly limited extent in the case of solicitors) advertise himself either directly or indirectly.

10. A lawyer must devote himself entirely to his client’s interest. He must disclose any personal interest inconsistent with the client’s interest, and he cannot represent two or more clients whose interest conflict.

11. A lawyer must not, except with the clients consent, at any time disclose confidential information or use it otherwise than on behalf of the client.

12. A lawyer must make every legitimate effort to win his client’s case, and must not exercise a private judgment as to the soundness of any reasonable arguments or the propriety of any client or defence allowed by the law.

13. A lawyer should not allow a client to entertain false hopes of success in litigation, and where success is doubtful, should make the position clear to him.

14. In the conduct of a case it is lawyer’s duty to do for his client all that the client may legitimately do for himself. More, particularly, in criminal cases, he may defend a prisoner whom he knows to be guilty provided he does not make a false case or attempt to place the guilt on another person.

15. A lawyer must not express to the Tribunal his personal opinion in the matter arising in the case.

16. A lawyer owes a duty to the opponent not to use unfair methods against him. More especially, he must not deliberately convey to the jury information not admissible in evidence, nor makes needless attacks on the reputation of the opponent or his witnesses, or otherwise harass them unduly.

17. A lawyer may make concessions to the convenience of the opponent and his legal advisors, and he is not bound to take advantage of errors that can be cured, where the only ultimate result is delay or increased costs to the opponent. But he may not overlook, without the clients consent, an error that is fatal to the opponent or even one that will assist his own client’s case.

18. In contentious business a barrister may not accept instructions from any person but a solicitor.

19. As a general rule, witness should not be interviewed in one another’s presence.

20. A barrister fees should be marked on the brief, either by the solicitor or by himself before the commencement of the hearing. It is improper to alter the fees marked on the brief after the case is finished.

21. A solicitor is bound to pay a barrister’s fees whether or not he has received his money from the client.

22. An advocate should not agree to refund part of his fees in case they are not allowed on full on taxation, nor should he give a receipt for fees not actually paid nor accept a post dates cheque.[2]

Advocate and Court: Duty towards Court

1. Advocate is an officer of justice and friend of the Court:

The cardinal principle which determines the privileges and responsibilities of advocate in relation to the court is that he is an officer to justice and friend of the court. This is the primary position. A conduct therefore which is unworthy of him as an officer of justice cannot be justified by stating that he did it as the agent of his client. His status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice.[3]

It is difficult to lay down any hard and fast rule as to what expressions a lawyer can use, with impunity, while addressing a court and what should ordinarily be tolerated by the court. Where an advocate receive an application or petition for correction or for removing objections, it is the duty of the advocate to return it and he has no authority to retain it. It is misconduct on his part if he retains it as held in;

Punjab National Bank v. FM Gold Head Ltd.  AIR 1993 HP 79

It is true that lawyer should always conduct himself properly in court of law, and exert his best at all times to maintain dignity of the court, but court has also a reciprocal duty to perform and should not only be discourteous to the lawyer but should also try to maintain his respect in the eyes of his clients and the general public with whom he has to deal in professional capacity.[4]

By accepting the brief of his client, the advocate does not cease to be an officer of justice. If that were so, the high and honourable office of counsel would be degraded to that of mercenary. It is the function of advocate not merely to speak for the client, whom he represents but also to act officer of justice and friend of the court. As friend or amicus curiae he has a privilege to offer suggestion to the court, with its consent, as aids to justice in a controversy that he does not appear for either side.

A famous case on the point is the trial of Algernon Sidney, for high treason in 1683. By the law of England, as it then stood, a man accused of high Treason could not have the aid of counsel. There was a technical defect in the indictment. A barrister rose, as an amicus curiae, and brought it to the attention of the court. Chief Justice Jeffreys remarked at this, “We thank you for your friendship”. The Court itself sometime appoints an advocate as amicus curiae if there is a question of law to be considered and his court thinks it advisable that someone should help it in arriving at a just decision.

2.  Co-operation between the bench and the Bar is a necessity:

The first duty which advocates and judges owe to each other is of co-operation. Co-operation between the bench and the Bar is not a mere conventional statement. It is a fundamental necessity. Without it, there can be no orderly administration of justice. Says Sir Cecil Walsh in his book called

The Advocate:

“Nothing is more calculated to promote the smooth and satisfactorily administration of justice than complete confidence and sympathy between Bench and the Bar”.[5]

An intelligent knowledge of their respective positions should make both advocates and judges realise that though their functions may be different, their aims are identical. Both are equipments of the same machinery designs for administration of justice. Both are equally necessary in a free country.

3. What the counsel owes to the court:

i. The first duty which the counsel owes to the court is to maintain its honour and dignity—this is the cardinal principle determining the advocate relation in court. One of Hoffman’s Resolutions for Guidance of lawyers was this :

“To all judges when in court I will ever be respectful; they are the Law’s Vicegerents, and whatever may be their character and department, the individual should be lost in the majesty of the office”.

“Should judges, while on the Bench, forget that as an officer of this Court, I have rights and treat me even with disrespect, I shall value myself too highly to deal with them in like manner. A firm and temperate remonstrate is all that I will ever allow myself”.

“To the various officers of the court, I will studiously respectful, and specially regardful of their rights and privileges.”

The advocate owes courtesy and respect to the court for the following reasons:

a)     Because he is the like judge himself, an officer of the court and an integral part of the judicial machine. The legal position consists of the Bar as well as Bench, and both have common aims and ideals.

b)    In theory, it is the King or Sovereign who presides in the court of justice, and judge is merely the mouthpiece and representative of the Sovereign. Respect shown to the court is, therefore, respect shown to the sovereign whose representative the judge is.

c)     Because not only litigants and witnesses but the general public will get their inspiration in this respect from the examples of advocates. It is necessary for the administration of justice that judges should have esteem of the people.

d)    Because it is good manners, and advocates before anything else are “gentleman of the Bar.”

e)     Even from the purely practical standpoint, there is nothing to be gained but there is much too loose by antagonising the Court. Conflict with the judge renders the trial disagreeable to all and generally an injurious effect on the interests of clients.

f)      Because the usual practise in modern times is to appoint judges from among the members of the Bars, and even where this rule is not strictly observed the bench is fairly representative of the Bar.

g)     Because it is necessary for dignified and honourable administration of justice that the court should be regarded with respect by the suitors and people.

(I) The advocate should not display temper in court. He will not indulge in any kind of insinuation in the court against the judge. He should convince the judge by argument and reason and not by appeal to his sentiments. While the case is going on, the advocate cannot leave the court without the court’s permission, and without putting another man in charge. While in court any expression of approbation and disapprobation of an order of the judge, e.g., that it is unjust or that it should be accepted with gratitude is against the etiquette of the profession. An advocate may, for the personal reasons, refuse to practise in a particular court or before any particular judge but if he joins the movement of boycott of courts it is disrespect to the courts. Such a conduct on the part of officer of court is reprehensible.[6] It is his duty to co-operate with the court in the administration of justice. The advocate should not criticize judicial conduct while the case is pending. After, however, the case is decided, a fair comment will be justified. The Advocate should submit to the ruling of the judge whether he considers it right or wrong. He must not lose temper at an unfavourable ruling. In the words of Lord Bacon:

Into the handling of the cause anew after a judge has declared his sentence.”

It is disrespectful to read newspaper in court, or to engage in private conversation in court, or not to wear proper dress, or to laugh at the argument of the opposite party.

Respect for dignity of the court has behind it not merely moral support but also the sanction of law. The court is empowered to punish conduct which undermines its authority or impairs its dignity. Such conduct amounts to “contempt of Court”.

(ii) The advocate must not do anything which lowers public confidence in the administration of justice:

For instance, he must not make unfounded allegations of corruption and partially against the judicial officers. He must not allege in a transfer application scandalous charges against the judge which cannot be proved. Lord Heward L.C.J. said:

“It is important that justice should be done, it is hardly less important that it should manifestly appear to be done.”

(iii) It is the duty of the bar to support judges in their independence because in the integrity of judges lies the greatest safeguard of a nation’s law and liberties. Judicial independence is the only protection against tyranny and whims of the executive.

(iv) The advocate must not do anything which is calculated to obstruct, divert or corrupt the stream of justice, for instance, he must not advise disobedience to the courts order and decrees.

(v).  Another duty which the advocate owes to the court is that of fidelity, he must be honest in his representation of the case. He must not deceive the court. Sir John E. Singleton says;

The whole foundation and structure of the administration of justice in this country depends on the confidence of the bench and the bar...it is the duty of the counsel to draw the attention of the court to any case which is contrary to his contention if he knows of that case. And it is scarcely necessary to point out that the duty of the counsel in this regard is in complete accord in the interest of his client and with his own interest.”

(vi). The counsel is under an obligation to present everything to the judge openly and in the court, and nothing privately. He must not attempt to influence private influence upon the judge: seek opportunities for the purpose; or take opportunities of social gatherings to make ex parte statements or to endeavour to impress his views upon him.

(vii). The advocate must not place himself in a position which he cannot effectively discharge his obligations to the Court as minister of justice. He should not have any personal interest in the litigation he is conducting. It will be misconduct on his part to stipulate with his client to share in the results of litigation.

In, Manjeri S.K. Ayyar V. Secy. Urban Bank Ltd, Calicut; 56 mad 1970:AIR 1933 Mad 682

Merely because a legal practitioner is a member of a corporate society is not sufficient to prevent him from accepting instructions from the society of which he is a member. But it is improper for a legal practitioner who is a director to appear for remuneration for the society in its legal business.

(viii) Relations of advocates and judges outside the court:

Advocates and judges are members of same fraternity. They are both officers of state engaged and united in the common ideal of promoting legal justice. Judges are generally selected from lawyer’s rank and, have therefore the same lineage.

(ix) Lawyers are not subordinate officers of the Court:

In, Mahant Hakumat Rai V. Emperor; AIR 1943 lah 14: ILR 1943 Lah 791

To call such a responsible person a subordinate officer of the Court and thus degrade him to the level of the other ministerial officers working in the court is an entirely erroneous conception of the position he acquires.

(x). Advocate’s Duties toward court:

It is difficult to lay down any hard and fast rule as to what expression a lawyer can use with impunity while addressing the court and what should ordinarily be tolerated by it. As remarked in Oswald on Contempt Of Court, Ed. 3 at page 54:

An over subservient Bar would be one of the greatest misfortunes that could happen to the administration of justice”.

(xi). General Duties of Advocates: Absence of appearance in murder cases

In the matter of F.K. Byrne, Bar at Law, Lahore. AIR 1928 Lah 448

It has been authoritatively laid that where a counsel at having received his fees from his client for arguing a murder appeal, hands over the case to another counsel at the eleventh hour giving only the small portion of his fees, on the ground that he was engaged elsewhere, is guilty of grave impropriety in the discharge of his duties.

Adjournments:

A pleader who asks for adjournments on different occasions to move the High Court for the transfer of a case and takes no steps at all, on these occasions in either himself or by means of his clients to move the High Court and it appears that the adjournments were asked for merely to delay the course of justice with deliberate intention renders himself liable to be punished for grossly improper conduct in the discharge of his professional duty.

Advice from Court:

It is not proper on the part of the counsel to take advice from the court as to the kind or amount of evidence which is required to be adduced in support of his client’s case.[7]

Drunkenness:

It is highly objectionable on the part of advocate to attend the court in such a drunken state as to enable to conduct the case properly and keep the decorum of the court.[8] In the above cited case a pleader for an accused appear in the court of a magistrate in a drunken state and was unable to conduct the case of his client, as he ought to have done.

Attempt to influence judge:

Where a pleader tried to influence judge before whom he was arguing the case, through a relation of the latter, it was held that the pleaders act was highly reprehensible and it was in the interest of the legal profession that serious notice should be taken of such an act.[9]

Conduct in bail matters:

A legal practitioner standing surety to a man arrested under section 420 of the IPC, and convicted under that section and keeping in possession on behalf of the accused properties held later on to have been involved in the offence is not guilty of professional misconduct.[10] But advocate who receives money in furtherance of a contract of indemnity of bail is guilty of grave misconduct and only suitable punishment for retention by him of the money on pretence that it was his fees is the removal of his name from the roll as held in;

Lambaji Motiji V. Kewal Gopaldas, 3 IC 897: 19 CrLJ 412

Bribery:

Corruption cannot be eradicated unless the public refuse to pay bribe. Of all the public, lawyer is a privileged position and he should be the first to oppose payment of bribe. Instead of that if a lawyer collects money from his clients for the purpose of having to pay them as a bribe to get his client’s work done, it is highly unprofessional.[11]

Apart from these some other ethical conduct requires on the part of advocates are:

  • He should not disobey the order requiring payment to the client.
  • It is the duty of legal practitioner to assist the court. If he appears in the court and makes the demonstration which has the effect of interfering with the work of the court and the administration of justice, then it amounts to misconduct.
  • It is the duty of the pleader to bring to court’s notice death of any party.
  • An attorney is bound to honour his undertaking in his capacity as a solicitor.
  • Lastly, it is the counsel’s right to insist on gettig what is truth in the matter.
  • Advocate and his clients: Duty towards clients

1. Sources of relations between counsel and client:

In India, the counsel’s relations with his client are primarily a matter of contract. The relation is in the nature of agent and principal. The agreement determines to what extent the counsel can bind his clients by his acts and statements; what shall be its remuneration, whether he will have a lien on his client’s property, etc. It is evident, however, that as counsel is also conform to the ethical code prescribed for him by law and usage, he cannot be a mere agent or mouthpiece of his clients to carry out his biddings.

(i). The relationship is personal and fiduciary:

It is a relation of trust and confidence. It is confidential requiring a high degree of fidelity and good faith. In V.C. Rangadurai V. D. Gopalan, AIR 1979 SC 281;

Justice Sen has observed that the relation between the advocate and his client is purely personal involving a highest personal trust and confidence.[12]

a)     It is a relationship of trust and confidence. All transactions between the advocate and his client will be watched by the Court with jealousy and suspicion. Even though the transaction is not illegal, the court will scrutinize it most closely and requires strict proof that no undue advantage has taken by the counsel of the confidence reposed in him by the client. He should avoid business with his client not only in regard to Matters in suit but also in relation to other matters. He should, for instance, neither lend nor borrow.

b)    The advocate must keep clear and accurate account of all moneys received from and on behalf of his clients. Money collected by the counsel on behalf of the client should be promptly paid over to him. it was held in G. Naranswamy V. Challapalli, 4 IC 398: advocates has no lien on clients money.

c)     The counsel should return papers and documents to the client the moment the case has terminated. No paper should be retained without the client’s consent. But it was held in Raja Muthukishna V. Nurse, 44 M 978; the counsel has no doubt a lien on the papers for money due to him. For an advocate to retain the judgment of the Trial Court with the intention of getting himself engage in appeal amounts to professional misconduct.

d)    Counsel also cannot delegate his duties without the client’s consent. The following rules in this connection occurs in the canons of The American Bar Association:

it is not permissible or in accordance with professional etiquette for a counsel to hand over his brief to another counsel to represent him in court and conduct the cases as if the latter counsel has himself been briefed, unless the client consent to this course being taken.”

e)  The counsel while accepting the retainer should disclose to his client    any matter which might affect the relation or the client’s direction in choosing him as his counsel. He should inform him of any interest in which he may have in a matter concerning which he is employed; any adverse retainer; or anything which may, in any degree interfere with his exclusive devotion to the cause confided to him.

f) After engagement the counsel must not revise agreement regarding his remuneration, or, while the business in which he had been employed is unfinished, except present and gifts from the clients.

g) It is the duty of the advocate not to use information which has been confided to him as advocate to the detriment of the client, and this duty continues even after the relation of advocate and client has ceased.

h) It is the duty of advocate not to appear for two clients whose interest are in conflict.

i) It is the right of the client to discharge any time his advocate whom he no longer trusts or on whose skill and ability he no longer relies.

J) The advocate must not divulge his client’s secrets or confidences as these communications are privileged and protected under section 126 of the Indian Evidence Act.

2.  Advocate’s duty  to his clients:

A special responsibility rests on the members of the Bar to see that the parties do not misled the courts by false and reckless statements on material matters. As was observed in[13]that an advocate stands as a loco parentis towards litigants. A member of a Bar undoubtedly owes a duty to his clients and must place before a court all that can be fairly and reasonably be submitted on behalf of his clients. Advocate is not a mere a mouthpiece of client but he is an officer of the court[14]. It is the duty of the court to help bringing down arrears and to prevent the abuse of the process of the abuse of the court. Their duty to client should persuade them to advise their clients not to go in futile litigation.[15]

It is expected that an advocate for a party would conduct a case with all its sense of responsibility which he is expected to have in discharge of his duty to his client. It is the duty of every advocate who accepts the brief in a criminal case to attend the trial from day to day. He would be committing the breach of his professional duty if he fails to attend.[16]

A client is entitled to be protected from an advocate who is likely to betray them; the profession cannot afford to have a member who fails in keeping to the required standard of conduct. It is the duty of an advocate who has accepted the vakalatnama and filed it in the court to go to court on the day fixed for the hearing of the case even if he has not received his fees unless the client terminates the contract. Moreover, the payment of commission to procure client is unprofessional.

3. What the counsel owes to his client:

(a) The first obligation which the advocate owes to his client is to prepare his brief with care, skill and thoroughness:

In India, not only presents his client’s case in court, but also prepares it. For this purpose he should make a thorough grasp of facts of the case. In order to get acquaintance with facts, he should thoroughly listen to the client’s story. It is the duty of advocate to examine him to get all relevant and material facts. A thorough cross examination of witnesses is necessary, to enable the counsel to get at all real facts and to chalk out his line of defence. If after investigation, the counsel thinks that his client’s case is weak and untenable, he should tell him so. One of the special dangers which threaten the professional ideals in the present life is the tendency to assimilate the practise of law to the conduct of business and commercial standards. Once the advocate has accepted the brief, the etiquette requires that he should be grudge no time or toil, however great, needful to the thorough mystery of his case in its facts and legal rules irrespective of the amount of fees paid to him.

It has been held by the High Courts of India that a pleader is guilty of misconduct if after receipt of full fees he neglects to appear and conduct the case.[17]

(b) Secondly, in giving advice to his client for or against litigation, he should give his candid opinion. On this point Sharswood says in his Legal Ethics:

“It is nothing but selfishness that can operate upon a lawyer when consulted, to conceal from the party his candid opinion of the merits, and the probable results. It is fair that he should know it; for he may not choose to employ a man whose views may operate to check his resorting to all lawful means to effect success. Besides, most men when they consult attorney, wish a candid opinion; it is what they ask and pay for.”[18]

Counsel also owes duty of continuous service to his clients. When the counsel after he has begun the case leaves the court to attend another case, it amounts to professional misconduct.[19]

Advocate’s fee- fixation of fees

In an ancient book called Mirror des justices, written by Andrew Horne, laid down that a lawyer in fixing his fees should take four things into consideration:

a)     The value of the cause

b)    The pains of the serjeant

c)     The worth of pleader on point of skill

d)    The usage of the court.

By the present day usages of the Bar, the following elements usually enter into consideration in fixing the amount of fee:

a)     The qualifications and standing of advocates who is asked to render professional service. It is evident that service rendered by the person of superior education and rich experience is likely to be more valuable and of better quality than the advice given by a person who is less qualified.

b)    The difficulty in the problem involve in the case. The more intricate the case the greater will be the degree of skill and amount of labour required.

c)     The amount of time required to render professional service.

d)    The amount involved in the suit.

e)     The result expected to be accomplished as a consequence of the lawyer’s exertion.

f)      The customary charges of the Bar for such services.

Contingent fee and right of lien:

The fee depending upon the success of the suit or proceeding is regarded as against the public policy. The agreement for Contingent fee is hit by section 23 of the Indian Contract Act. Rule 9 framed by the Bar council of India expressly provide that an advocate should not act or plead in any matter in which he is himself be pecuniary interested. The agreement for the contingent fee is looked upon with disfavour, and later as inconsistent with the high ideals of the Bar.[20]

In the case of R.D. Saxena V. Balram Prasad Sharma; AIR 2000 SC 2912;

The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees. The court has held that no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration.

The same ruling is given by Apex Court in the matter of,

New India Insurance Company Ltd  V. A.K. Saxena; AIR 2004 SC 311.[21]

Is it permissible for an advocate to sue for his fees?

In India, law allows it. However, according to general practise of the profession, it is dignified that the counsel should sue for his fee. The rule exists to maintain prestige of the profession and the public confidence in the Bar. His fee should therefore, be both fixed and paid beforehand.

Some other important duties which an advocate owes to his clients are:

  • section 13(a) of The Legal Practitioners Act specifically forbids taking of instruction by a pleader or mukhtar from an unauthorised person. An advocate may receive instruction either from the part on whose behalf he has been retained, someone who is recognised agent of such party, servant, relation, friends authorise by the party to give instruction.
  • An attorney who as trustee of a descendent estate, purchased from himself individually a third mortgage was guilty of misconduct warranting suspension from practise.[22]
  • An advocate when he himself accepts the brief becomes subject to certain obligations towards his client in respect of the suit and the proceedings entrusted to his care and pending in the court and he cannot absent himself from the court on the hearing without first obtaining his client’s consent.
  • If a client comes to them with proper instructions and prepared to pay a fair and proper fee and invites them to undertake a case of a kind which they are accustomed to do, and they refuse, each refusal amounts to misconduct.
  • According to well recognised practise, a counsel should never file an affidavit in a case in which he is appearing in his professional capacity.[23]
  • It is extremely objectionable on the part of legal practitioner to take his client signature on the blank sheet of paper.
  • The giving of certificates by the counsel in support of petitions by condemned prisoners for special leave to appeal in forma pauper is in circumstances not warranting the grant of such certificates shows an utter disregard of the solemn and serious responsibilities of counsel who is called upon to certify and the counsel so certifying is guilty of gross unprofessional misconduct.[24]
  • It is very serious matter for legal practitioner knowingly to make false statement in a pleading drafted by him.
  • Where an advocate commits perjury and displays great moral turpitude in instituting a false case and in having it supported by false evidence, he is guilty of grossly improper conduct in the discharge of his professional duty.[25]
  • It is highly improper on the part of the legal practitioner to issue a false notice knowing it to be false even though he does it under instructions from his clients.
  • A legal practitioner paying or offering to pay money to witness inducing him to speak the truth or to prevent from giving false evidence or pressing his client to pay money to a witness in order to induce him to keep back unfavourable evidence is not allowed.
  • All agreements that obstruct and affect the administration of justice would be treated as invalid under section 23 of the Indian Contract Act. An undertaking on the part of practitioner to bear expenses of litigation on the promise of litigants that a certain portion of the net profits of the litigation will be allowed to the former in case of success is grossly improper under this section.
  • Giving deliberately improper advice to a client may bring a lawyer within the clutches of law. Improper legal advice may amount to professional misconduct but not wrong legal advice.[26]
  • The relationship of advocate and client rest upon a very high standard of mutual confidence and trust and is expected that after a member of the Bar is engaged on behalf of the particular client, he will always keep him fully informed of the progress of the case.[27]
  • It is a professional misconduct on the part of the legal practitioner to identify a person whom he does not know, and a lawyer practising a professional business of identification must be removed from the roll.[28]

Advocate and Witnesses:

General:

1 .Counsel’s obligation in respect of witnesses:

In examining witnesses advocate should not forget that he is not merely the counsel of client but also an officer of the court to further the ends of justice. He must not disregard the feeling of witnesses, or embarrass or bully them. He should not be sarcastic. He should not assume that all witnesses are liars to be treated alike. Advocate should not recognise these limitations and the result is that witnesses in this country have seldom a good word to put in for box.

2. The advocate must not misuse the privilege of cross examination:

This privilege like any other privileges, should only be used for the purpose intended, and should not be abused from sinister motives. A party may impeach the credit of a witness called by him only if he turns hostile and that too with the leave of the court.

a)     Aimless heckling of witness is not honourable.

b)    The advocate has no right to disgrace and bully a witness by putting offensive questions.

c)     The privilege of cross examination should not be misused by an examination which is unnecessarily too long.

d)    There is general complaint that the privilege of cross examination as to credit is frequently abused.

3. He must not tutor his witnesses:

A witness is required by law to testify facts which are within his knowledge and which he considers as true. So jealous is the law about purity of testimony that it does not permit even a leading question to be put to witness. This is not so because the answer cannot be true, but because the answer to a leading question is not regarded as free act of witness, but as regarded as suggestion to the counsel. This does not mean that the counsel should not confer with his witnesses in advance. In fact there is certain amount of the guidance to witness and dealing with them in relation to their testimony which are permissible to advocate by his Code of Professional Ethics.

4. The advocate must not tamper with witnesses:

Bribing a witness for the purpose of influencing his testimony is unprofessional. So long as witness is called to tell the truth and not to bolster up a falsehood and so long as payment is not made to corrupt him, the fact that he is paid or promised more than the statutory fee cannot be described as bribery.

5. Counsel as witness:

A dual capacity of witness and advocate is not approved by professional ethics. If it becomes necessary for the counsel to appear as witness in the case, he should withdraw from the case. Counsel is an advocate to the client but cannot be a witness, for or against the client in the case which he is conducting.

A counsel for a party should not also be his witness in the case without retiring from the case as counsel. It is a sound principle that a person who is appearing as counsel should not give evidence as witness. It is against the etiquette of the Bar that the member of the profession should give evidence in the case in which he is engaged as counsel and no self respecting counsel would be prepared to conduct a case for the defence after having been called as a witness for the prosecution.[29]

6. Abuse of privilege:

A gross abuse of the right of cross examination by legal practitioner is grossly improper conduct in the discharge of his duties.[30]

7. Perjury and false statement:

It is hardly necessary to say that it is not part of the etiquette of the members of the profession to tell lies in court or give perjured evidence on behalf of their client,[31] members of the legal profession are expected to maintain not only a high standard of professional morality and ethics but they are also expected as men of education and culture and as members of an Honourable profession to act in an honest and straight forward and upright manner.

Coutts Trotter, J. Said in his judgment:

Perjury is an offence the gravity of which I do not seek to minimize, especially when committed by the member of the Bar who knows it full import. At the same time he has many degrees of gravity, and I think there is much to be said in extenuation of the offence committed by Mr .A”

8. Harassing tactics by counsel:

It is important to protect the courts from the harassing tactics on the part of the counsel. Where a counsel resorts to attempting to provoke the magistrate trying the case into same unguarded expression and then applies to transfer, the method adopted is neither in the interest of his client nor in the interest of justice.[32]

9. Citing advocate for accused as witness:

There is nothing necessarily unprofessional in counsel giving evidence in a case in which he appears as such. In Emperor V. Dadu Ram; AIR 1939 Bom150:

It has been observed in that case:

On the one hand the accused person is entitled to select the advocate whom he desires to appear for him, and certainly the prosecution cannot fetter that choice merely by serving a subpoena on the advocate to appear as a witness. On the other hand, the court is bound to see that the due administration of justice is not in a way embarrassed. Generally, if an advocate is called as a witness by the other side, it can safely be left to the good sense of the advocate to determine whether he can continue to appear as an advocate, or by whether so doing he will embarrass the court or the client. If the court comes to the conclusion that a trial will be embarrassed by the appearance of the advocate who has been called as a witness by other side, and if not withstanding the court’s expression of his opinion, the advocate refuses to withdraw, in my opinion, in such a case court has inherent jurisdiction to require the advocate to withdraw.”

Advocate and his Opponent:

The advocate should maintain towards his opponent utmost cordiality. Clients and not the counsel are litigants. Says Daniel Webster:

Lawyers on opposite sides of cases are like the two parts of shears, they cut what between them, but not each other.”[33]

  • The counsel should exercise his right of advocacy in a fair and legitimate manner:

He should always treat his opponent with fairness and due consideration. For instance, in drafting pleadings, he should act with care, prudence and good faith. He should not indulge in abuse and reckless charges of fraud, dishonesty and criminality. In Kedar Nath V. King Emperor[34]; and Thangavelu V. Chengalvaroya[35]:

“The satisfaction required is not that the allegation is true, or even that it is prima facie true, but only that there are grounds for making it.”

  • Unnecessary interruption of his opponent, by the advocate during his cross examination or address is undesirable:

Just as it is the right of the advocate not to be interrupted by the court ,so it his duty not to interrupt his opponent. Interruption of the opponent is improper for several reasons:

  1. Each party has a right to impress on the court, its point of view as it considers best, and there should be no improper interference with this right.
  2. If proper interruption is allowed, it would result in constant wrangling between the advocates and consequent confusion in the court. This will destroy the dignity of the court and the parties will not be able to state their cases.
  3. No counsel has the right to prevent a judge from following the course of argument of the opposite side.
  4. By improper interruption your opponent may lose the thread of his argument, or it may spoil the effect of his cross examination on a vital point.

Moreover, a lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate and compromise the matter with him, but should deal only with his counsel. It is incumbent on the lawyer most particularly to avoid anything that may tend to mislead a party not represented by counsel.[36]

Advocates and colleagues: Duty toward colleagues

Rule 36, 37, 38, and 39 framed by the Bar council of India deal with the duties of an advocate to the colleagues. Rule 36 provides that an advocate shall not solicit work of advertise (either directly or indirectly) whether by circulars, advertisements, touts, personal communications interview not unwarranted by personal relations, furnishing or inspiring newspaper, comments or producing his photograph to be published in connection with case in which he has been engaged or concerned. The sign-board or name plate should be of reasonable size. The sign-board or stationary should not indicate that he is the President or member of the Bar council or of any Association.

The advertising is prohibited because it may lead to unhealthy competition among the advocates. Advertisement can be allowed only for proper guidance so that it may not lead to unhealthy competition and may not result in lowering dignity of the legal profession.

Rule 37 provides that an advocate shall not permit his name to be used in aid of or to make possible the unauthorised practise of law by any agency.

Rule 38 makes it clear that an advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same.

According to rule 39 an advocate shall not enter appearance in any case in which there is already a vakalatnama or memo of appearance filed by an advocate engaged for a party except with his consent; in the case such consent is not produced he shall apply to the court stating the reasons why the consent should not be produced and he shall appear only after obtaining the permission of the court. The object of this rule is to secure goodwill among the advocates.[37]It prevents the temptation of seducing client from counsel who have already been engaged. Besides, it is one of the professional obligations, of an advocate to dissuade client from charging his counsel unless he has a strong reason for it and to satisfy himself that the reason is proper and adequate. The ill feeling of client should not affect their cordial relations.

All lawyers are brothers at the bar. An advocate should be courteous to the other advocates.

Miscellaneous Duties:

  1. 1)    Rule 40 requires every advocate on the Rolls of the State Bar council to pay a certain sum to the State Bar council. Rule 41 provides that all the sums so collected shall be credited to   separate fund to be known as the “Bar Council of India Advocates Welfare Fund for the State” and shall be deposited in bank.

2)    Rule 42 deals with the consequences of the non payment of the said amount by the advocate. It provides that an advocate fails to pay the aforesaid sum within the prescribed time as provided under rule 40, the Secretary of the State Bar council shall issue to him a notice to show cause within a month why his right to practise be not suspended. In case the advocate pays the amount together with late fee of rupee five month, the proceeding shall be dropped. If the advocate does not pay the amount or fails to show sufficient cause, a committee of three members constituted by State Bar Council in this behalf pay pass an order of suspension.

3)    Rule 43 provides that an advocate who has been convicted of an offence under section 24-A of the Advocates Act, or has been declared insolvent or has taken full time service or part time service etc, shall send a declaration to that effect within 90 days from the date of such disqualification. If he fails to do so, then his right to practise may be suspended.

4)    Rule 44 provides that an appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within a period of 30 days from the date of order passed under rule 42 and 43.

5)    Rule 45 framed by the Bar Council of India makes it clear that it is improper for an advocate to demand or accept fees or any premium from any person as a consideration for imparting training in law under the rules prescribed by the State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961.

6)    Rule 46 provides that every advocate shall in the practise of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay it fully or adequately within the limits of an advocate’s economic conditions, free legal assistance to the indigent or oppressed is one of the highest obligations, as an advocate owes to the society.

7)    Rule 47 provides that an advocate shall not personally engage in any in business but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council the nature of the business is not inconsistent with the dignity of the profession.

8)    Rule 48 makes it clear that an advocate may be a director or chairman of the Board of Directors with or without any ordinary sitting fee, provided none of his duties are of an executive character.

9)    Rule 49 provides that an advocate shall not be the full time salaried employee of any person, government, firm, corporation etc, so long as he continues to practise.

10)                       Rule 50 provides that an advocate who has been succeeded by survivorship, to a family business may continue it, but not personally participated in the management thereof.

11)                       Rule 51 provides that an advocate may review parliamentary Bills for remuneration, edit legal text book at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question paper etc both legal and non-legal.[38]

Advocate and Profession:

Advocates in their professional capacity address each other as brothers. This spirit of fraternity at Bar is one of the noblest traditions of the legal profession and is many centuries old. Shakespeare said, “Do as adversaries do in law. Strive mightily but eat and drink as friend.”

Lawyers stand for common ideals of order, justice and rule of law in the community and have common rules of etiquette and professional observances. Some basic etiquette which every advocate should follow with regard to its profession are :

  • Law being a fraternity, the profession is entitled to loyal support of its members in the maintenance of the tradition.
  • The first duty which an advocate owes to his brethren at the Bar is professional courtesy.
  • Secondly, he should not accept retainer in a case in which another counsel is already engaged without the latter consent.
  • Another duty which he owes to fellow members of the Bar is of corporation.
  • A fourth duty is to show equal consideration to all members of the profession.
  • Fifthly, a duty rests on senior members of the Bar to help and encourage their junior brethren.
  • Sixthly, junior lawyers owe respect and goodwill to their senior brethren.
  • Seventhly, advocate should be jealous of honour of their profession and should stand up for its dignity and privileges whenever there is occasion for it.
  • An advocate should not speak disparagingly of his profession.
  • He should expose corrupt and dishonest conduct in the profession.
  • All lawyers owe a debt to their profession from which they drive honour and profit.[39]

Conclusion:

To conclude our whole discussion on the ethics of legal profession or the duties of an advocate, one can fairly summarize that basically the duties which an advocate has to follow is of moral character, what he owes to his clients or opponent or colleagues or towards court is not only determined by the rules framed by the Bar council of India in this behalf but all the more, it also depends on one etiquette manners. In what way and in what manner an advocate has to conduct himself is determined by his loyalty towards his profession. The profession of law is honourable and its members are expected to act in an honest and upright manner. And any deviation from these elementary principles is liable to be dealt with severely. An advocate practising a law is under many fold obligations like certain obligation towards court, client, witnesses, opponent, colleagues and general duties as a member legal profession. When advocate do not follow any of such obligation imposed on him by law, then he can be guilty of professional misconduct. Misconduct can be defined as dereliction of or dereliction from duty. An advocate is answerable for dereliction of duty. In order to avoid misconduct every legal practitioner should understand his duties. When lawyer is guilty of any professional misconduct, then only any action can be taken.  The fundamental aim of legal ethics is to maintain the honour and dignity of the law profession, to secure a spirit of friendly co-operation, to establish honourable and fair dealings of the counsel with his client, opponent and witnesses, to establish the spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally. Legal profession is necessarily the keystone of the arch of government. Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of profession lies in two things:

  • Organisation of its members for the performance of their function.
  • Maintenance of certain standards, intellectual and ethical, for the dignity of the profession.

Bibliography:

1)    The Advocates Act of 1961

Universal, Bare Acts with short notes

2009; Law Publishing Co. Pvt. Ltd

2)     C L Anand

Professional Ethics of The Bar

The Law Book Co. Pvt. Ltd.

2nd Ed. 1987

3)    D.V. Subbarao

The Advocates Act, 1961

Lexis Nexis, Buttersworth

7th Ed. 2005

4)    Dr. Kailash Rai

Legal Ethics: Accountability for Lawyers and Bench-Bar Relations

Central law publications

8th Ed. 2008

5)    Nirmalendu Dutt- Majumdar

Advocates Act and professional Ethics

Eastern Law House

2nd Ed. 1975

About the Author

A Revealing Discussion And Synopsis About Employment Law Lists Along With Similar Research

Friday, October 16th, 2009

employment law lists

Uk Employment Law Round Up: Disciplinary And More

Don't Sack Saker?

In Sakar v West London Mental Health Trust the Court of Appeal has held that applying an informal misconduct procedure for minor offences, then subsequently dismissing for gross misconduct based on much the same facts, was ‘outside the range of reasonable responses' so as to render the dismissal unfair.

 In this case the Trust received several complaints alleging that Dr Sacker was 'harassing and distressing' staff. The Trust first used its informal 'Fair Blame Policy' but during the investigation it was alleged that Dr Sacker had been at it again; making an abusive telephone call and acting aggressively towards a security guard. The Trust then cranked it up a couple of notches and dismissed Dr Sacker for gross misconduct.

 The Court of Appeal took the view that by initially invoking its informal Fair Blame Policy, the Trust evidently thought Dr Sacker's conduct to be relatively minor; so to then dismiss him for much the same thing was unfair. The tribunal had not substituted its own view for that of the Trust on the seriousness of the later incidents (a big no-no).

 The lesson of this case is that employers should be consistent in whether they adopt a formal or an informal procedure to deal with misconduct. If in doubt, then pending the outcome of an investigation, treat it as a formal matter (which can then be down-graded if appropriate). On this occasion, sacking Saker was not a good move.

 A Cross to bear?

The 2003 Employment Equality (Religion or Belief) Regulations made it unlawful to discriminate against someone at work by reason of their religious belief. In Eweida v British Airways a member of BA's cabin crew claimed that it was unlawful for the company dress . code to forbid her from wearing a visible cross with her uniform.

 This went all the way to the Court of Appeal which has held that the wearing a visible cross with the uniform is not unlawful. To be indirect discrimination, a group of employees must be put at a disadvantage. In this case however, only one employee was affected (given that it was accepted that wearing a cross was a matter of personal preference) Furthermore, where different groups in the workforce have conflicting views on a dress code, a blanket ban may in some cases be the only fair solution.

 The 2003 regulations have had less impact in practice than may have been expected, and Eweida appears to be a common sense decision in favour of BA, which of course now has rather more serious problems to deal with given the pending strike by cabin crew.

 When it's not always enough to be sorry:

It is commonly known that ‘constructive' unfair dismissal is where an employee resigns in response to a breach by the employer of the terms of employment. Frequently employees rely on the breach of the implied term of ‘trust and confidence', if for example bullied at work. In Buckland v Bournemouth University the Court of Appeal has held that an employer cannot ‘cure' a repudiatory breach before an employee decides to treat it as a constructive dismissal.

 Professor Buckland passed 14 out of 16 students who had taken a re-sit exam. In response to criticisms of the marking made by another member of staff, the head of department arranged for the papers to be re-marked behind Prof Buckland's back. He complained, and the University vindicated Prof Buckland following an investigation, however he resigned and claimed constructive dismissal.

 The tribunal took the view that not consulting Prof Buckland before confirming the revised marks on exam papers was an act ‘calculated to destroy the relationship of trust and confidence between [Professor Buckland] and the University' and held that he was constructively dismissed.

 The Court of Appeal did not accept that the University's decision, vindicating Prof Buckland, could ‘cure' the earlier breach. The test for establishing constructive dismissal is objective and although reasonableness is a factor that tribunals may take into account in finding a repudiatory breach, it is not a legal requirement.

 This seems to put employers in an impossible position. Even if an employer promptly investigates an alleged wrong, and either apologises or remedies it, this may not be enough. The Court of Appeal itself recognised this situation to be ‘capable of working injustice', but felt that to decide otherwise would be to muddy the waters of contract law.

 All briefed up for a disciplinary:

Legal representation at Disciplinary Hearings can be a right.

 As you probably know, employees at disciplinary or grievance hearings have the statutory right to be accompanied by a colleague or a trade union representative.

 In G v X School the Court of Appeal has recently held that Article 6 ECHR requires that a claimant should be afforded an opportunity to be legally represented at a disciplinary/appeal hearing where it was determinative of a right to practise a profession.

 G was a teaching assistant at X school. An allegation was made that he had had sexual contact with a 15 year-old boy. The school governors conducted a disciplinary hearing and dismissed him, reporting his dismissal to the Independent Safeguarding Authority  so that it could determine whether he should be placed on a 'barred' list of those unsuitable to work with children. G brought judicial review proceedings, challenging the governors' decisions not to allow him legal representation at a disciplinary or appeal hearing.

 The Court of Appeal found that:

(1) the right to practise a profession was a "civil right or obligation",

(2) an ISA listing would fundamentally limit G's ability to practise his profession and

(3) the school's internal process would have a "substantial influence or effect" on the decision-making of the ISA.

G was therefore entitled to legal representation at the disciplinary and appeal hearings.

Therefore if you want to discipline and potentially dismiss for gross misconduct doctors, teachers, social workers or pretty much anyone who works with children or vulnerable people and whose job amounts to a ‘profession' which they could lose the right to practice if dismissed, they now have the right to be accompanied by a legal representative.

About the Author

James Carmody is solicitor advising on UK employment law in Central London, EC1 (http://www.reculversolicitors.co.uk )

Employment Law By Matt Bacak

The Truth As It Applies To » Labor And Employment Law Bulletin

Thursday, October 15th, 2009

[mage lang="" source="flickr"]labor and employment law bulletin[/mage]

STOCK MARKET DEVELOPMENT AND ECONOMIC GROWTH: EVIDENCE FROM UNDERDEVELOPED NATION (Nepal)

 Proposal Writing for:

 

STOCK MARKET DEVELOPMENT AND ECONOMIC GROWTH: EVIDENCE FROM UNDERDEVELOPED NATION (Nepal)

 

 

By

Jyoti Koirala (get2jyoti@gmail.com)

 

 

 

A Research Proposal Submitted to:

Faculty Members

Business or Economics Departmen

 

  

August, 2009

 

 

 

Chapter 1: Introduction

 

1.1. General Background

 

Stock market development has an important role to play in economic development. Shahbaz and his friends (2008) argue that stock market development is an important wheel for economic growth as there is a long-run relationship between stock market development and economic growth. Stock market development has the direct impact in corporate finance and economic development.

 

Gerald (2006) states that stock market development is important because financial intermediation supports the investment process by mobilizing household and foreign savings for investment by firms. It ensures that these funds are allocated to the most productive use and spreading risk and providing liquidity so that firms can operate the new capacity efficiently. A growing body of literature has affirmed the importance of financial system to economic growth.

 

Financial markets, especially stock markets, have grown considerably in developed and developing countries over the last two decades. Claessens, et al (2004) states that several factors have aided in their growth, importantly improved macroeconomic fundamentals, such as more monetary stability and higher economic growth. General economic and specific capital markets reforms, including privatization of state-owned enterprises, financial liberalization, and an improved institutional framework for investors, have further encouraged capital markets development.

 

Similarly Mishkin (2001) states that a well-developed financial system promotes investment by identifying and financing lucrative business opportunities, mobilizing savings, allocating resources efficiently, helping diversify risks and facilitating the exchange of goods and services

 

From the view point of Sharpe, et al (1999), stock market is a mechanism through which the transaction of financial assets with life span of greater than one year takes place. Financial assets may take different forms ranging from the long-term government bonds to ordinary shares of various companies. Stock market is a very important constituent of capital market where the shares of various firms are traded Trading of the shares may take place in two different forms of stock market. When the issuing firm sells its shares to the investors, the transaction is said to have taken place in the primary market but when already issued shares of firms are traded among investors the transaction is said to have taken place in the secondary market.

 

Stock markets are very important because they play a significant role in the economy by channeling investment where it is needed and can be put to best (Liberman and Fergusson, 1998). The stock market is working as the channel through which the public savings are channelized to industrial and business enterprises. Mobilization of such resources for investment is certainly a necessary condition for economic take off, but quality of their allocation to various investment projects is an important factor for growth. This is precisely what an efficient stock market does to the economy (Berthelemy and Varoudakis, 1996).

 

Earlier research emphasized on the role of the banking sector in the economic growth of nation. In the past decade, the world stock markets surged, and emerging markets accounted for a large amount of this boom (Demirguc-Kunt and Levine (1996a).  Recent research has begun to focus on the linkages between the stock markets and economic development. New theoretical work shows how stock market development might boost long-run economic growth and new empirical evidence supports this view. Demirguc-Kunt and Levine (1996a), Singh (1997), and Levine and Zervos (1998) find that stock market development is playing an important role in predicting future economic growth.

 

In underdeveloped like Nepal the development and growth of stock markets have been widespread in recent times. Despite the size and illiquid nature of stock market, its continued existence and development could have important implications for economic activity. For instance, Pardy (1992) has noted that even in less developed countries capital markets are able to mobilize domestic savings and able to allocate funds more efficiently. Thus stock markets can play a role in inducing economic growth in less developed country like Nepal by channeling investment where it needed from public.  Mobilization of such resources to various sectors certainly helps in economic development and growth. Stock market development has assumed a developmental role in global economics and finance because of their impact they have exerted in corporate finance and economic activity. The role of financial system is considered to be the key to economic growth (Neupane, et. al. 2006).

 

Paudel (2005) states that stock markets, due to their liquidity, enable firms to acquire much needed capital quickly, hence facilitating capital allocation, investment and growth. Stock market activity is thus rapidly playing an important role in helping to determine the level of economic activities in most economies.

 

Tuladhar (1996) states that financial markets are catalyst in the development of economy. The study further added that developed economies have highly sophisticated financial institutions. Over the past decade, many developing economies have established capital markets as they moved towards more liberal economic policies. These emerging markets have shown extraordinary growth with very high volatility, which have attracted many investors into these markets.

 

This study will attempt to dig out the empirical evidence in the context of underdeveloped nations regarding the role of stock market development on economic growth.
1.2. Statement of the Problem:

 

In the last two decades, the link between financial intermediation and economic growth is a subject of high interest among academics, policy makers and economists around the world. There have been attempts to empirically assess the role of stock market and economic growth. The link between stock market and growth has varied in methods and results. There exists two controversies in the predictions.

 

Adjasi and Biekpe (2005) found a significant positive impact of stock market development on economic growth in countries classified as upper middle-income economies. In the same way, Chen et al (2004) elaborated that the nexus between stock returns and output growth and the rate of stock returns is a leading indicator of output growth Arestic et al. (2001) using time-series on five industrialized countries also indicate that stock markets play a role in growth. Various studies such as Spears, (1991); Levine and Zervos, (1998); Atje and Jovanovic, (1993); Comincioli, (1996); Levine and Zervos, (1998); Filer et al, (1999); Tuncer and Alovsat, (2001). Levine and Zervos (1995) and, Demirguc-Kunt (1994) has supported the view .stock markets promote economic growth..With well-functional financial sector or banking sector, stock markets can give a big boost to economic development (Rousseau & Wachtel, 2000; Beck & Levine, 2003). Bahadur and Neupane (2006) concluded that stock markets fluctuations predicted the future growth of an economy and causality is found in real variables.

 

There are also alternate views about the role stock markets play in economic growth. Apart from the view that stock markets may be having no real effect on growth, there are theoretical constructs that show that stock market development may actually hurt economic growth. For instance, Stiglitz (1985, 1994), Shleifer and Vishny (1986), Bencivenga and Smith (1991) and Bhide (1993) note that stock markets can actually harm economic growth. They argue that due to their liquidity, stock markets may hurt growth since savings rates may reduce due to externalities in capital accumulation. Diffuse ownership may also negatively affect corporate governance and invariably the performance of listed firms, thus impeding the growth of stock markets.

 

Despite of alternative views empirical works continue to show largely some degree of positive relationship between stock markets and growth. These studies largely based on developed countries only. Only few studies have been conducted in context of Nepalese stock market, and those conducted studies do not show clear conclusion regarding its impact on economy. Yadhav (2002) finds that firms with higher investment have higher saving and higher capital formation. Though his study may be significant in other cases it is of less significance here. Similarly Wagle (2002) also carried out the study on trends of saving, investment, and capital formation in Nepal, but his study fails to provide any specific link between saving, investment and capital formation with stock market development. Similarly Sindhurakar (2004) has carried out the study on relationship between the stock market and economic growth without analyzing the econometric models.

 

The study specifically deals with the following issues:

1. What is the relationship between the Gross Domestic Product (GDP) and government investment, government expenses, foreign aid, savings, and foreign direct investment

2. Is there any relationship between the market capitalization and Gross Domestic Product (GDP)?

3. What is the impact of concentration ratio on economic growth of a nation?

4. What is the significance of liquidity on economic growth? What is its impact in capital market?

5. Is there any co-integration between the stock development index and economic growth?

6. Is there any Granger causality between the stock development and economic growth?

7. Is the Levine and Zerovos model valid in underdeveloped nation like Nepal?

8. Can the small group of investors manipulate a Nepalese capital market easily?

9. How can the government able to develop the stock market in coming days?

 

One group of study argues that stock market does not help in economic development of a nation while the other group argues that it helps in economic development. However, empirical investigations of the link between financial development in general and stock markets and growth in particular have been relatively limited. Various empirical researches have suggested a possible connection between stock market development and economic growth, but are far from definitive.

 

1.3. Objective of the Study

 

The main objective of this study is to examine the impact of stock market development in the economic development and growth of the nation in context to Nepal. The specific objectives of the study are as follows.

 

1. To conduct the empirical analysis of stock market by investigating the link between stock markets and economic growth.

 

2. To further analyze the link based on set of different variables of economic indicators and stock market indicators.

 

3. To examine the importance of liquidity for the economic growth.

 

4. To analyze the impact of firm concentration ratio on economic growth.

 

5. To examine the validity of model of Levine and Zervo’s study on stock market in developing nation like Nepal.

 

6. To determine and analyze the co-integration and causality between the stock market development index and economic growth.

 

 

 

Chapter: 2 Review of Literature

 

2.1 Review of Empirical Works

 

This section concerns with review of important empirical works, concerning stock market development and economic growth starting from 1873 to 2008. Some important studies and their finding are presented in tabular form in chorological order. The review of literature is undertaken in three sections. The first section focuses on the review of empirical works carried out before 1990s with their major findings. Similarly, the second section deals with the review of studies carried out during 1990s and finally third section deal with the review of studies during 2000.

 

2.1.1 Review of Empirical Works before 1990s

 

During nineteenth and twentieth century, Bagehot (1873) and Schumpeter (1912) had focused on the constructive assistance of financial sector to economic growth. In the study the direction of causality between the higher growth in financial sector and country’s economic growth rate was not clear (Robinson, 1952 and Locus, 1988). In the wake of a large body of empirical evidence, considerable studies have made on modeling and understanding the strong positive linkages between real and financial development. Much of this research has followed the “functional” approach in the analysis of such linkages.

 

 

 

Table: 2.1

Review of Empirical Works from 1873 to 1986

 

Study

Area

Major Findings

Bagehot (1873)

A description of money market with currency monopoly.

Constructive assistance of financial sector to economic growth.

Schumpeter (1912)

The theory of economic development.

Technological innovation is the force underlying long-run economic growth.

Robinson (1952)

 

The Generalization of the General Theory, in The Rate of Interest and Other Essays.

 

There is a two-way causal relationship between financial development and economic performance.

Goldsmith (1969)

Association between levels of financial development with economic growth.

A significant association between the level of financial development and economic growth.

 

The “finance-led growth” hypothesis postulates the “supply-leading” relationship between financial and economic developments. It is argued that the existence of financial sector and financial intermediations in channeling the limited resources from surplus units to deficit units would provide efficient allocation resources by leading the other economic sectors in their growth process. Indeed, a number of studies argued that the development of financial sector has significantly promoted economic development (Schumpeter, 1912). The study argued that the technological innovation is the force underlying long-run economic growth.

 

Robinson (1952), on the other hand, concluded that the economic growth creates a demand for various types of financial services to which the financial system responds. Goldsmith (1969) reported a significant association between the level of financial development (defined as financial intermediary assets divided by GDP) and economic growth. The study however recognized that there is no possibility of establishing the confidence for the direction of the causal mechanisms.

 

The earlier studies on international stock market linkages focused on the identification of short-term benefits of international portfolio diversification. The study of Levy and Sarnat (1970) and Solnik (1974), examined the short-term correlations of returns across national markets and pointed out the existence of substantial markets have high possibilities to diversify the risk internationally.

 

McKinnon  (1973) provided the evidences that liberalization of financial markets allows financial deepening which reflects an increasing use of financial intermediation by savers and investors and the monetization of the economy, which allows efficient flow of resources among people, and institutions over time. This encourages savings and reduces constraint on capital accumulation and improves in allocating efficiency of investment by transferring capital from less productive to more productive sectors.

 

Another group of studies concentrated on examining financial links among stock markets by using either bivariate or multivariate co-integration methodology. Taylor and Tonks (1989) were the first to apply bivariate co-integration on the UK and U.S. markets to test the importance of the abolition of foreign exchange controls in 1979. Furthermore, the empirical evidence was not conclusive, while a strong empirical causal relationship among the banking system, stock market development and economic performance was hardly established. Financial development is considered as a means to economic growth through various channels. An important role of financial intermediaries is to provide liquidity to individual investors (Diamond and Dybvig 1983). Similarly study of Stiglitz and Weiss, (1981); and Cho, (1986) concluded that the returns does not increase as the interest rate to borrowers rises.

 

 

 

 

 

Table: 2.2

Review of Empirical Works from 1881 to 1986

 

Study

Area

Major Findings

Shiller (1981)

 

Do stock prices move too much to Be Justified by Subsequent Changes in Dividends?

Price movements cannot be simply justified by changes in fundamentals.

Stiglitz and Weiss (1981)

Credit rationing in markets with imperfect information

Due to stagnant bank returns, increase in interest rate does not increase its return.

Diamond and Dybvig (1983)

A simple example, Federal Reserve Bank of Richmond.

An important role of intermediaries is to provide liquidity to individual investors.

Lucas (1988)

 

On the mechanics of economic development.

Not clear findings about the causality between financial sector and economic growth.

Taylor and Tonks (1989)

 

The internationalization of stock markets and the abolition of U.K. exchange control

There is multivariate co-integration on UK and US market.

Romer (1986)

Increasing returns and long run growth

 

Increase in productivity will cause economic growth.

Cho (1986)

Inefficiencies from financial liberalization in the absence of well-functioning equity markets.

Returns do not increase as interest rate rises.

 

At the theoretical level, the study of stock markets and growth gave new impetus with analyses of the design of optimal financial contracts under asymmetric information in dynamic general equilibrium models. The study of Bernanke and Gertler, 1989 concluded that the evolution of the financial system led to financial contract which emerged to solve the problems of moral hazard. The study concluded that when the firms are in need of external finance face a cost minimization problem, which they must solve by issuing different forms of financial contracts under different circumstances.

 

2.1.2 Review of Empirical Works during 1990s

 

Stock exchanges are expected to increase the amount of savings channeled to corporate sector. Some evidence can be found in the work of Greenwood and Jovanovich (1990). Furthermore, the study concluded that the stock markets play an important role in allocation of capital to corporate sector that in turn stimulates real economic activity. Many countries are facing financial constraints particularly developing countries, where bank loans are restricted to some favorable groups of companies and personage investors. This limitation can also reflect constraints in credit markets (Mirakhor and Villanueva, 1990).

 

Table: 2.3

Review of empirical work from 1990 to 1991

 

Study

Area

Major Findings

Mirakhor and Villanueva (1990)

Market integration and investment barriers in emerging equity markets.

There are high constraints in credit markets.

Greenwood and Jovanovich (1990)

 

Financial development, growth, and the distribution of income.

Financial markets and financial institutions can affect capital accumulation.

Vishny (1990)

 

The stock market and investment.

Stock market on an aggregate level does not predict the future investment.

Levine (1991)

 

Stock markets, growth, and tax policy.

Strong positive relationship between stock market liquidity, productivity improvements and capital accumulations.

Bencivenga and Smith (1991)

 

Financial intermediation and endogenous growth.

Financial agents can affect savings decisions by reducing liquidity costs.

 

The ability of financial intermediaries to offer profitable investments enhances savers’ confidence and attracts additional savings. The efficient operation of financial intermediaries leads to output growth and generates additional demand for deposits and financial services (Greenwood and Jovanovic, 1990). Financial institutions can affect agents’ savings decisions by reducing liquidity costs and offering greater opportunities for diversifying risks (Bencivenga and Smith, 1991). Portfolio diversification, through the stock market, may have an additional growth effect by encouraging specialization of production (Saint-Paul, 1992).

 

In addition, some studies concluded that stock markets could improve corporate governance by alleviating the principal-agent problem between the owners and managers (Jensen and Murphy, 1990). By contrast, other studies pointed out that stock market development could have negative effects by facilitating hostile counter-productive takeovers (Vishny, 1990). Moreover, some argue that takeover threats could hassle managers that discourage long-term investment, and therefore lead to inefficient allocation of resources (Singh and Weiss, 1998). Furthermore, some assert that stock markets, by providing profit incentives, are more effective than banks in information acquisition and dissemination and therefore could enhance quality of investment and thus stimulate growth (Holmstrom and Tirole, 1994). On the contrary, some others believe that banks are superior to stock markets in that they could monitor firms’ investment and management at a lower cost. They contend that in reality, due to dispersed stock ownership, individual investors are relatively small and they neither have the ability nor the incentives to acquire the costly yet necessary information for achieving efficient resource allocation (Bhide, 1993; Singh, 1993).

 

Contrary to traditional view, there are evidences that support the hypothesis that there exist long-run correlation between stock market development and economic growth. But in literature the testing of this hypothesis is rare for developing countries. However, Pardy (1992) in his seminal work has argued that in less developed countries capital markets are able to mobilize domestic savings and allocate funds more efficiently. Spears (1991) reported that in the early stages of development, financial intermediation induced economic growth. Demirguc-Kunt (1994) has supported the view that stock markets promote economic growth.

 

A number of subsequent studies adopted the growth regression framework in which the average growth rate in per capita output across countries is regressed on a set of variables controlling for initial conditions and country characteristics as well as measures of financial market development (King and Levine, 1993a). The study further analyzes the relationship between financial development and real GDP per capita growth, the rate of physical capital accumulation, and increases in efficiency over the period from 1960-89. The study measured the financial development by using the financial depth ratio (ratio of liquid liabilities to GDP), the level of banking, the ratio of credit issued to non-financial private firms to total credit and the ratio of credit issued to private firms to GDP. The study revealed that higher levels of financial development are positively associated with faster rates of economic growth and that the level of financial development is a good indicator of future growth prospects.

 

Robert Barro (1990) reported that in the case of US, stock market variables and stock returns, can largely explain the subsequent aggregate investments. On the contrary, Morck et al (1990) suggested that in the US, the stock market on an aggregate level is not much of a predictor of future investment. Meanwhile, a study by Galeotti and Schiantarelli (1994), based on quarterly aggregate data from the non-financial corporate sector in the US, revealed that investment decisions are significantly affected by stock price fluctuations, regardless whether the variation is due to fads or due to changes in fundamentals. On the other hand, firm- level studies typically showed that there is a very limited effect of the stock market on investment (Abel and Blanchard, 1986; Morck, Shleifer, and Vishny, 1990; Blanchard, Rhee, and Summers, 1993).

 

Table: 2.4

Review of Empirical Works from 1992 to 1993

 

Study

Area

Major Findings

Saint-Paul (1992)

Financial markets and economic development.

Stock markets have additional growth effect.

Pardy (1992)

Institutional reform in emerging securities markets.

 

In less develops countries the capial maket are able to mobilize domestic savings.

King and Levene (1993)

Finance and growth

Rate of physical capital accumulation has increased in efficiency over the period from 1960 to 1989.

Atje, and Jovanovic, (1993)

Stock market and development

Significant correlation between the stock markets and economic growth.

Pagano (1993)

 

Financial market and growth.

Financial growth can affect the rate of economic growth by altering productivity growth and the efficiency of capital.

Bhide (1993)

The hidden cost of stock market liquidity.

Highly liquid market may reduce the shareholders incentives to monitor managers.

 

Atje and Jovanovic (1993) concluded that there is a large effect of stock markets on economic growth but no relationship for bank lending on economic growth. Alternatively, Harris (1997) argued that the Atje and Jovanovic results are not supported by empirical results. Harris analyzed data for forty-nine countries over the period from 1980-91 for the growth in GDP per unit of effective labor, investment as a percent of GDP, the growth of total employed labor and the total value of shares traded on the stock market as a percent of GDP. The study reported that the level of stock market activity has little explanatory power in the sample of developing countries and weak explanatory power for the sample of developed countries. The study of Stiglitz (1994) provided the evidence that when the stock prices is determined by publicly available information then it help investors make better investment decisions. Better investment decisions by investors means better allocation of funds among corporations and, as a result, a higher rate of economic growth. In efficient capital markets prices already reflect all available information, and this reduces the need for expensive and painstaking efforts to obtain additional information.

Table: 2.5

Review of Empirical Work for 1995 AD

 

Study

Area

Major Findings

Bencivenga, Smith,and Starr (1995)

Transactions costs, technological choice and endogenous growth.

Theoretical predications on strong connections between stock market liquidity and fast growth.

Bencivenga et al. (1995)

Transactions costs, technological choice and endogenous growth

Enhanced stock market liquidity reduces the disincentives for investing in long duration and higher return projects since investors can easily sell their stake in the project.

Longin and Solnik (1995)

 

Is the correlation in international equity returns constant: 1960-1990?

By applying sophisticated techniques they found evidence of significant linkages between the stock markets around the world.

 

Hamao et al. (1990), Koch and Koch (1991), Roll (1992), Longin and Solnik (1995), used more sophisticated econometric techniques to measure cross-country correlations, and found evidence of significant linkages between stock markets around the world. Some other studies focused on the evolution of linkages of emerging capital markets. Studies such as Harvey (1995), but particularly Bekaert and Harvey (1995), examined one period returns and the conditional means and variances of one period returns by examining a one factor asset pricing model. The study concluded that the expected returns in a country are affected by their covariance with country’ returns. The study further concluded that if the market was perfectly integrated then only covariance counted, while if the market was completely segmented then the variance was the relevant measure of market risk. Bekaert and Harvey (1995) used a conditional regime-switching model to account for periods when national markets were segmented from world capital markets and when they became integrated later in the sample.

 

 

Table: 2.6

Review of Empirical Work for 1996 AD

 

Study

Area

Major Findings

Demetriades and Hussein (1996)

Does financial development cause economic growth?

There is bi-directionality and reverse causality between financial development and economic development.

 

Diamond (1996)

Financial intermediation as delegated monitoring: A simple example, federal reserve bank of Richmond

Financial intermediaries encourage highly productivity firms reducing informational asymmetries and costs.

 

Levine and Zervos (1996)

 

Stock market development and long-run growth.

Equity market activity is positively correlated measures of real economic activity.

Benchivenga, Smith and Starr (1996)

 

Equity markets, transaction costs and capital accumulation.

Positive role of liquidity provided by stock exchanges on real asset investments.

 

There are not much empirical research investigating causal relationships between stock exchanges and economic growth. One study worth mentioning here belongs to Levine and Zervos (1996). The study applied regression analysis to the data compiled from 41 countries for the years 1976 through 1993 to see the relationships between financial deepening and economic growth. One of the financial deepening indicators used in the analysis was the level of development of stock exchange measured by a composite index, liquidity and diversification indicators. Economic growth indicator selected, on the other hand, was the real growth rate in per capita GDP. Levine and Zervos reported a very strong positive correlation between stock market development and economic growth. The most interesting aspect of this study was the decrease in the statistical significance of other financial deepening variables after stock market development index was included in regression equation. The study concluded with the proof that stock market development is more influential than other financial deepening indicators on the growth of the economy.

 

Traditional growth theorists believed that there is no correlation between stock market development and economic growth because of the presence of level effect not the rate effect. Singh (1997) contended that stock markets are not necessary institutions for achieving high levels of economic development. The study focused on the rapid growth of stock markets in the liberalization process in developing countries over the 1980s and 1990s and argued that financial liberalization (making the financial system more fragile) is not likely to enhance long-term growth. Singh and Weis (1999) viewed stock market as a agent that harm economic development due to their susceptibility to market failure, which is often manifest in the volatile nature of stock markets in many developing countries. The traditional assessment model of stock prices and the wealth effect provided hypothetical explanation for stock prices to be proceeded as an indicator of output (Comincioli, 1996). According to wealth effect, however, changes in stock prices cause the variation in the real economy.

 

Although empirical tests of the relationship between financial development and economic development are not consistent, the bulk of the evidence supports a relationship between financial development and economic development. Demetriades and Hussein (1996) found the evidence of both bi-directionality and reverse causality by using unit root tests, co-integration tests and vector auto-regression tests of causality. The study concluded that financial development causes economic growth, economic growth causes financial system development, and in some cases, the causality is in both directions. As independent variables, the study has used the ratio of bank deposit liabilities to nominal GDP and the ratio of bank claims on the private sector to nominal GDP. The dependent variable is real GDP per capita in local currency terms. Rajan and Zingales (1998) predicted the average annual real growth of value added in an industry in the United Stated over the period from 1980-90. As predictor variables the study used the proportion of investments funded with external financing and the ratio of capital spending to net property, plant, and equipment. Industries were further divided into young and old companies. This process helped them to differentiate industries that were more or less dependent on external financing. The study wanted to test if financially dependent industries perform better in countries that have more developed financial sectors. As measures of financial development in each of forty-one countries. The study used the ratio of domestic credit plus stock market capitalization to GDP, the ratio of domestic credit to the private sector relative to GDP, and an index of accounting transparency. They study revealed that the financial development facilitates economic development by providing cheaper funds to growing industries.

 

 

 

Table: 2.7

Review of Empirical Works from 1997 to 1999 AD

 

Study

Area

Major Findings

Harris (1997)

Stock markets and development

Level of stock market activity has little explanatory power in the developing country sample and weak explanatory power for the developed country sample.

Singh (1997) and Weis (1999)

Financial liberalization, stock markets and economic development.

Stock market is a agent that harm economic development due to their susceptibility to market failure.

Raguraman and Zingales (1998)

Financial dependence and growth.

Financial developmet facilitates economic development  by providing cheaper funds to growing industries.

Levine and Zervos (1998)

Stock markets, banks and economic growth.

Strong and statistically significant relationship between the stock and GDP.

Luitel and Khan (1999)

A quantitative reassessment of the finance-growth nexus.

Financial development is very supportive to economic development.

 

The development of endogenous growth theory in recent years has offered the opportunity to define and explain the link between financial development and economic growth. The study of Pagano (1993) and Levine (1997) concluded that the financial development could affect the rate of economic growth by altering productivity growth and the efficiency of capital. It also affects the accumulation of capital through its impact on the saving rate or by altering the proportion of saving.

 

Benchivenga et al (1996) emphasized that there is positive role of liquidity provided by stock exchanges on the size of new real asset investments through common stock financing. Investors are more easily persuaded to invest in common stocks, when there is little doubt on their marketability in stock exchanges. Some contrary opinions do exist regarding the impact of liquidity on the volume of savings, arguing that the desire for a higher level of liquidity works against propensity to save (Benchivenga and Smith, 1991), (Japelli and Pagano 1994), such arguments were not well supported by empirical evidence. The second important contribution of stock exchanges to economic growth is through global risk diversification opportunities. Saint-Paul (1992), Deveraux and Smith (1994) and Obstfeld (1994) argue quite reasonably that opportunities for risk reduction through global diversification make high-risk high-return domestic and international projects viable and consequently, allocate savings between investment opportunities more efficiently. Whether global diversification might reduce the rate of domestic savings (Deveraux & Smith 1994) seemed to be a weak argument, as it is not convincingly evidenced.

 

Levine and Zervos (1998) analyzed by using stock market liquidity (turnover of shares and value), size (market capitalization), volatility (twelve month rolling standard deviation), integration with world markets (CAPM and APT intercept terms), and bank credit for the private (bank credit to the private sector to GDP) as predictors of economic growth, capital accumulation, improvement in productivity, and savings growth rates for forty-seven countries from 1976-93. The study reveals a positive relationship between stock market and bank development and economic growth, capital accumulation, and productivity growth. The authors conclude that stock markets provide an easy means to trade the ownership of productive assets, which facilitates resource allocation, which, in turn, facilitates capital formation, which leads to faster economic growth.

           

In the framework of the new growth theory, surprisingly few empirical studies of the relation between stock market and economic growth are available. The one important study mentioned earlier is one by Levine and Zervos (1998) who are among the first to ask whether stock markets are merely burgeoning casinos or a key to economic growth and to examine this issue empirically, finding a positive and significant correlation between stock market development and long run growth. The work of Luintel and Khan (1999), among others, is supportive of this view.

 

2.1.3 Review of Literature during 2000

 

Empirical work done in the past two decades mostly focused on the role of financial development in stimulating economic growth, without taking into account of the stock market development. Evolution of stock market has impact on the operation of banking institutions and hence, on economic promotion. This means that stock market is becoming more crucial, especially in a number of emerging markets and their role should not be ignored (Khan and Senhadji, 2000).

 

Beck et al (2000) analyzed the relationship between financial development and economic growth, total factor productivity growth, physical capital accumulation rates

and private savings rates. The study reported that there is a large positive effect of financial intermediaries and total factor productivity growth and economic growth but a lesser effect for long-term economic growth and total factor productivity growth.

 

Wurgler (2000) analyzed the relationship between financial markets and capital allocation in sixty-five countries from 1963-95. The study revealed that countries with more developed financial markets shift capital to growing industries and away from declining industries. The efficiency of the financial system is inversely related to government ownership in the economy and directly related to information availability for firms and legal protections for minority stockholders.

 

Table: 2.8

Review of Empirical Work from 2000 to 2004 AD

Study

Area

Major Findings

Beck, Levene and Loayza (2000)

Finance and sources of growth.

There is a large positive effect of financial intermediaries and total factor productivity growth.

Wurgler (2000)

Financial market and allocation of capital.

The efficiency of financial system is inversely related to information availability for firms and legal protections for minority stockholder.

Arestis et al. (2001)

Financial development and economic growth.

Both stock market and bank may be able to help in economic development.

Bell and Rausseau (2001)

A case of finance lend industrialization

Financial development in India has instrumental role for promoting economic performance.

 

Mishkin (2001) and Caporale et al (2004)

Financing, savings, capital and risk.

Financing productive projects mobilize domestic savings, allocate capital and diversify the risk, facilitate exchange of goods and services.

 

 

Tuncer and Alovsat (2001) examined stock market-growth nexus and exhibited positive casual correlation between stock market development and economic activities. Chen et al (2004) elaborated that the nexus between stock returns and output growth and the rate of stock returns is a leading indicator of output growth.
The study of Phylaktis and Ravazzolo (2001) measured financial linkages by analyzing the covariance of excess returns on national stock markets of emerging economies. A major advantage of this framework is that by examining the co-movement of future returns aggregated over a long horizon instead of the co-movement of one period expected returns one can detect small but persistent movements in expected returns and more accurately measure the degree of financial integration than one period stock return regression models.

 

The study of (Arestis, Demetriades and Luintel, 2001) found that in countries like Germany, stock market volatility has a significant and negative impact on growth. Another point worthy of note is that studies based on a cross-country framework in general have omitted China due to lack of data. Needless to say that given the increasing role of China in the world economy, understanding China is important in its own right. The study used a vector autoregressive model to study the relationship between stock market development measures and economic growth for developed economies, controlling for the banking sector development. The study finds that the stock market and economic growth both may be able to promote growth, with the impact of the banking system being stronger. With well-functional financial sector or banking sector, stock markets can give a big boost to economic development (Rousseau and Wachtel, 2000; Beck and Levine, 2003).

 

Mishkin (2001) and Caporale et al (2004) provided the evidence that an organized and managed stock market stimulate investment opportunities by recognizing and financing productive projects that lead to economic activity, mobilize domestic savings, allocate capital proficiency, help to diversify risks, and facilitate exchange of goods and services. Undoubtedly, stock markets are expected to increase economic growth by increasing the liquidity of financial assets, make global and domestic risk diversification possible, promote wiser investment decisions, and influence corporate governance, that is, solving institutional problems by increasing shareholders’ interest value (Vector, 2005).

 

Bell and Rousseau (2001) evaluated the relationship between individual macroeconomic indicators and measures of financial development in India and revealed that the financial sector has been instrumental in promoting economic performance. Nourzad (2002) analyzed the effect of financial development on productive efficiency using eight measures of financial development for countries at different stages of economic development. The study analyzed three sets of panels of data: annual data for twenty-nine countries from 1966-90, annual data for eighteen countries from 1970-90, and five year average data for twenty-eight countries from 1970-90. The author finds that productive efficiency is greater in countries that have more developed financial sectors.

 

Table: 2.9

Review of Empirical Works from 2005 to 2007 AD

 

Study

Area

Major Findings

Shrestha (2005)

Stock Market and Economic Development.

Gross Domestic Product influence stock market.

Vinhas de Souza (2005)

 

Financial liberalization and business cycles: The experience of the new EU member states.

Capital market reform programs, government approved new laws are regulatory framework for capital market flourish.

Siliver and Duong (2006)

Role of stock market for real economic activity: evidence for Europe.

Stock market has certain predictive content for real economic growth.

Yartey and Adjasi (2007)

 

Stock market development in Sub-Saharan Africa: Critical issues and challenges

African stock market facing challenge of integration and need better technical and institutional development to address the problem of low liquidity.

 

Efficient stock markets provided guidelines to keep appropriate monetary policy through the issuance and repurchase of government securities in the liquid market, which is an important step towards financial liberalization. Similarly, well-organized and active stock markets could modify the pattern of demand for money, and would help create liquidity that eventually enhances economic growth (Caporale et al, 2004). Similarly, Siliverstovs and Duong (2006) revealed that the accounting for expectations has represented by the economic sentiment indicator in which stock market has certain predictive content for the real economic activity.

 

Paudel (2005) acknowledged that stock markets, due to their liquidity, enable firms to attain much needed capital quickly, hence facilitating capital allocation, investment and growth. Adjasi and Biekpe (2005) found a significant positive impact of stock market development on economic growth in countries classified as upper middle-income economies. Bahadur and Neupane (2006) concluded that stock markets fluctuations helps in the prediction of the future growth of an economy.

 

 

2.1.4 Concluding Remarks

 

From the above, it may be seen that the effect of capital markets on economic growth has been a controversial subject. Some studies indicated the statistically significant effect of stock market development on economic growth while others did not. Similarly, some reported positive impact of stock liquidity on economic growth while some did not. In order to validate one view or the other in Nepalese context, no study has been so far conducted by using the recent data by considering Deminigue-Kunt and Levene’s stock market development index. This study therefore tests the above hypothesis concerning stock market development and economic growth in undeveloped country, Nepal.

 

 

 

Chapter 3: Research Methodology

 

3.1 Research Design

 

For the analysis of relationship between the stock market development and economic growth descriptive, co-relational and time series research design will be employed. For the purpose of conceptualization and description, the descriptive research design is going to be used. For the analysis purpose the study covers the time period of ten years. This study will be made on a macro level so it consists of all the sectors including commercial banks, manufacturing and processing organization, hotel sectors, trading, insurance, finance companies and, development banks and so on.

 

3.2 Nature and Sources of Data

 

This study will base on both primary and secondary data. Most of the data related to economic growth and stock market development will be collected from annual report and official reports of concerned organization. The required information will  be  supplemented by Ministry of Finance, Department of Industries, Commerce and Supplies, economic survey published by Nepal Government, quarterly economic bulletin published by Nepal Rastra Bank (NRB), National Planning Commission and Security Board of Nepal (SEBON), World Bank Report will be considered.

 

A field survey based on questionnaire and interview will also be conducted to collect opinions of different respondents in three groups. The respondents selected for the survey will be stock investors, general student and public who have not invested in shares to obtain the information in respect of economic performance and stock market development.

 

3.3 Selection of Enterprises

 

The study is related to aggregate values so aggregate values of economy that is determinants of macroeconomic indicators and aggregate value of market activities that is determinants of stock market developments are going to be selected.

 

3.4 Methods of Analysis

 

Analysis is the systematic and careful examination of available facts so that certain conclusions can be drawn from it. The major part of the study is based on the testing of association of stock market and economic growth.

 

3.4.1 Econometric Model

 

This study is heavily based on Levine and Zervos’s study on stock market development and long run growth. However, their study is based on cross-country regression, but this study considers time series analysis and single equation regression applied to the collected data.

 

Study will determine the casual relation between stock market development and economic growth then determine how they evolve over time and finally seek the relationship between the stock market development and its economic performance. Levine and Zervos (1996) suggested the following equation to evaluate whether there is any relationship between the stock market development and long run economic growth.

 

GDPt = aXt + bSTOCKt + µt                                                                                    (1)

 

Where GDP Growtht is the Gross Domestic Product growth rate and Xt is a set of control variables that is associated with GDP. These variables include government expenditure (EXPN), Public Investment (INV), public development aid (AID), foreign direct investment (FDI). In the same way STOCKt represents stock market development index. It includes market capitalization ratio (Mcap), liquidity ratio (Liquidt) and concentration ratio (Conct). A and B are unknown parameters to be estimated and Mt is an error term. We can consider the following equations in details.

 

GDPt = a1 Xt + b1 Mcapt + b2 Liquidt + b3 Conct + µt                                                               (2)

 

Government expenditure is selected as control variables because in underdeveloped country, government plays key role in economic growth for driving the different productive activities. Thus it can impact positively as well as negatively on economic growth. Public investment is selected as a control variable because if the public investment policy is directed correctly (for instance towards infrastructures development), it can impact significantly on economic growth, since public investment can target health, education, etc., which all contribute to increase total factor productivity. Public development aid is selected because in developing countries savings is inadequate so development aid is an ‘oxygen pipe’ for nation’s development. Foreign direct investment is taken because it measures the private investment as domestic investment is very low as compared to it so it is ignored here.

 

The Liquidity ratio variable represents the turnover ratio measured as the value of total shares traded divided by market capitalization (high turnover then high liquidity). Liquidity allows investors to easily buy and sell securities. As Levine and Zervos (1996) put it, stock markets may affect economic activity through their liquidity since investors are reluctant to relinquish control of their saving for long periods. Market capitalization ratio, which equals the value of listed shares divided by GDP, is taken as the indicator for stock market development. This ratio measures the stock market size, ability to mobilize the capital and helps to diversity the risk. Concentration ratio is the four firm concentration ratios, which is measured by dividing market capitalization of four largest stocks by total market capitalization. If few companies dominate the market, they can manipulate the price formation process. Thus a high concentration ratio is not desirable. Countries with highly concentrated markets have markets that are underdeveloped. So market concentration is hypothesized to be negatively correlated with market size and market liquidity.

 

3.4.2 Correlation Analysis

 

Correlation analysis is necessary in order to find out whether the selected variables in time series have any relation or not. If there is no correlation there would be no causality so this test is necessary.

 

A mathematical formula for measuring the correlation developed by Pearson is as follows.

 

                  (3)

 

Where r is a correlation coefficient, Xt and Yt are two variables whose correlation is to be calculated. Correlation is a measure of the relation between two or more variables. The measurement scales range from -1.00 to +1.00. The value of -1.00 represents a perfect negative correlation, while a value of +1.00 represents a perfect positive correlation. A value of 0.00 or close to zero represents a lack of correlation.

 

3.4.3 Time Series Analysis of the Data

           

For the data analysis purpose the following time series analysis is made. They are as follows.

 

3.4.3.1 Unit Root Tests:

 

According to Nelson and Plosser (1982), Chowdhury (1994) there exists unit roots in most macroeconomic time series.  While dealings with time series, it is necessary to analyze whether the series are stationary or not. Since regression of non-stationary series on other non-stationary series leads to what is known is spurious regression causing inconsistency of parameter estimate (Engle and Yoo, 1987). The hypothesis behind is that random shocks in economy have long lasting effects (Engle & Granger, 1987). The most popular of these tests are the Augmented Dickey-Fuller (ADF) test and the Phillips-Perron (PP) tests. ADF test will be considered for this study because ADF tests use a parametric autoregressive structure to capture serial correlation.

 

3.4.3.2 Co-integration Test

 

The finding that many macro time series may contain a unit root has spurred the development of the theory of non-stationary time series analysis. Engle and Granger (1987) pointed out that a linear combination of two or more non-stationary series may be stationary. If such a stationary linear combination exists, the non-stationary time series are said to be co-integrated. The stationary linear combination is called the co-integrating equation and may be interpreted as a long-run equilibrium relationship among the variables. The purpose of the co-integration test is to determine whether a group of non-stationary series is co-integrated or not. Eviews5 statistical software implements VAR-based co-integration tests using the methodology developed in Johansen (1991, 1995a).

 

There are two different methods for testing for co-integration, Engle & Granger (1987) and Johansen (1988). Jung and Seldon (1995) state that the Johansen co-integration test is more valid as there is no need of prior knowledge of the co-integration vectors, in cases when they are unknown. As this study does not have the co-integration vectors it is better to use the Johansen (1988) test. The Johansen methodology utilizes Vector Auto Regression (VAR) to test the co-integration. The Johansen (1988) method of testing for the existence of co-integrating relationships has become standard in the econometrics literature because of its superiority over other alternatives.

 

3.4.3.3 Granger Causality between Economic Growth and Stock Market Development

 

Measuring the correlation (similarities in strength and direction between two graphs) between variables such as GDP and STOCK would according to Granger (1969) not be enough to construct a complete understanding about the relationship between two time series. The reason is that some correlations may be spurious and not useful, as there might be a third variable that cannot be accounted for. For example there is a correlation between teacher’s salaries in the UK and the consumption of alcohol in the UK. Another example is that ice cream sales are correlated to shark attacks on swimmers (Lethen, 1996). In both examples it would be highly unlikely that one causes the other but that there exists other hidden variables affecting both. There is a correlation but no causal connection.

 

By using the Granger causality approach with the question if variable X (in a time series), causes variable Y (in another time series), a researcher wants to see how the value of the existing Y can be explained by past values of Y. And then by adding lagged values of X add to explanation of the relationship (Eviews 5.0 statistical software)

 

This does in practice imply that if you find a variable that is Granger causing another variable in a certain direction or both, manipulation of one would affect the other.  To reduce spurious results the process of finding Granger causality also involves finding out other relations between the time series and such relations include looking at correlation and co-integration (Sahlin and Sjogren, 2008). So this study is not only looking at the correlation, co-integration and causality but also looking at a further developed relationship between the time series. This is combined to produce an answer to if there is a relationship between the variables. Hence, in this study the word relationship stated by statistical software is used as a generic term for the combined correlation, co-integration and causality time series. For the calculation purpose the following equations have to be estimated.

 

3.4.4.4 Other Statistical Tools Considered

 

For our data presentation and analysis other statistical tools will be. They are mean, median, standard deviation, maximum and minimum, T-test, F-test and Standard Error of Estimate (SEE).

 

 

 

Chapter 4: Concluding the research proposal

 

There are many studies that have examined the relationship between growth and stock markets using either cross country or panel methods. However their empirical approach typically suffers from serious econometric weakness. Traditional growth theorists believed that there is no correlation between stock market development and economic growth. Singh (1997) argues that stock markets are not necessary institutions for achieving high levels of economic development. Some recent studies have stated that stock markets play an important role in allocation of capital to corporate sector that in turn stimulate real economic activity. Studies of Caporale (2004), Vector (2005), Mishkin (2001) and few other studies too state that an organized and managed stock market stimulates economic activities. Most of these studies have reported positive effects of stock on economic growth. One group of study argues that stock markets do not help in economic development of a nation while the other group argues that it help in economic development.

 

With this contrast view, this study attempts to find possible connection between stock market development and economic growth with reference to Nepal. The variables selected for the study are Gross Domestic Product (GDP), Government Investment (INV), Government Expenditure (EXPN), Foreign Aid (AID), Foreign Direct Investment (FDI), Market Capitalization Ratio (MCAP), Concentration Ratio (CONC) and Liquidity (LIQDT).

 

 

 

Bibliography

 

Abel, Andrew B. and Blanchard, Olivier J. (March 1986), “The Present Value of Profits and Cyclical Movements in Investment.” Econometrica, Vol. 54, No. 2, pp. 249-273.

 

Adjasi, Charles K.D. and Nicholas B. Biekpe (2005), “Stock Market Development and Economic Growth: The Case of Selected African Countries.”  Working Paper, African Development Bank.

 

Arestis, Philip; Demetriades, Panicos O; and Luintel, Kul B. (2001), “Financial Development and Economics Growth: The Role of Stock Markets.” Journal of Money, Credit, and Banking, Vol. 33, No. 1, pp. 16-41.

 

Atje, Raymond and Jovanovic, Boyan (April 1993), “Stock Markets and Development.” European Economic Review, Vol. 37 No. 2/3, pp. 632-40.

 

Bagehot, Walter (1873), A Description of Money Market with Currency Monopoly, Homewood, Lombard Street, 1962 Edition.

 

Barro, Robert (1990), “The Stock Market and Investment.” Review of Financial Studies, Vol.3, No. 1, pp. 115-131.

 

Bastola, P. (2003), Impact of Stock Market in Development, unpublished Masters Dissertation, Faculty of Management, Tribhuvan University.

 

Beck, Thorsten, Ross Levine and Norman Loayza (2000), “Finance and the Sources of Growth.” Journal of Financial Economics, Vol. 58, pp. 261-300.

 

Beck, T. and R. Levine (2003), “Stock Markets, Banks, and Growth: Panel Evidence.” Journal of Banking and Finance.

 

Bekaert, G. and C.R. Harvey (1995), “Time-Varying world market integration.” Journal of Finance, Vol. 50, pp. 403-444.

 

Bell C. and P. L. Rousseau (2001), “Post-Independence in India: A Case of Finance Lend Industrialization.” Journal of Development Economics Vol. 65, pp. 153-175.

 

Bencivenga, V.R. and Smith B. (1991), “Financial Intermediation and Endogenous Growth.” Review of Economic Studies, Vol. 58, pp. 195-209.

 

Bencivenga, V.R.; Smith, B. and Starr, R. M. (1996), "Equity Markets, Transaction Costs, and Capital Accumulation: An Illustration." The World Bank Economic Review, Vol. 10 No. 2, pp. 241-265.

 

Bernanke, B. and M. Gertler (1989), “Agency Costs, Net Worth, and Business Fluctuation.” American Economic Review, Vol. 79, pp. 14-31.

 

Bhide, Amar (August 1993), "The Hidden Costs of Stock Market Liquidity," Journal of Financial Economics, Vol. 34, No. 2, pp. 31-51.

 

Blanchard, Olivier, Rhee, Changyong, and Summers, Lawrence (1993), “The Stock Market, Profit, and Investment.” Quarterly Journal of Economics, Vol. 108, pp. 115-36.

 

Capora

About the Author

Author has completed the Masters Degree in Business Studies with finance as a specialization from Tribhuvan University, Nepal.

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Employee Relations in Global Organizations

Ensuring smooth employee relations can be a challenge for any organization - let alone a globalized shared service structure having to deal with a number of different legislative frameworks and a variety of linguistic and cultural relationships. Yet it's a challenge which must be overcome; the old lesson that a happy workforce is a productive one is no less true today than ever, and while the tactics used on the ground may vary across geographies the strategic aims must remain the same: strong employee engagement working towards optimal productivity.

A key tension for shared services lies between corporate structures and policies, and local practices and legal parameters; aligning these two potentially quite different constructs, and keeping the gaps between them as small as possible, might not be a simple task but it's an unavoidable one in that a company at odds with its different environments will not achieve world-class status, while one that is able to work with its various local idiosyncrasies rather than against them is far more likely to succeed. Unsurprisingly the key to securing that success is talent.

Talent retention and development requirements are a major part of the core need for robust employee relations. Keeping your best people is a no-brainer in any and every part of the world, and a big paypacket isn't the only determining factor in a top employee's thought processes when he or she is faced with a new career opportunity (although a 2009 Society for Human Resource Management survey found that for 57% of employees pay's still "very important"). The creation of a secure and enjoyable working environment, with the possibility of personal professional development, is crucial for companies keen on keeping key talent - and the ability to bind different geographies together through a supportive and proactive corporate architecture creates opportunities for intra-organizational migration and advancement, and thence to the dissemination of fresh ideas and influences throughout the organization. In this way the geographical and cultural differences between distinct elements of the organization can become a great asset rather than the challenge they may originally have been.

"Give your top talent a good look at the ladder, and the possibility that they could climb right to the top; it's a quick win on a number of levels," says talent and resource specialist Seb Donovan. "And if they get the chance to see other aspects of the organization so much the better. The more familiar your top employees are with your company and its environment the more easily and effectively they can contribute towards eventual success."

An increasing number of globalised service delivery organizations are offering their curve-leading talent quarterly or even yearly postings to different corporate locations. Skills are much more transferable within an organization that outside it, and the more familiar the working environment, the simpler the adjustment from one location to another. This familiarity should include, of course, the "invisible blanket" of HR systems and structures supporting an employee making such an adjustment - and it should also feature consistency in the provisions companies make for the occasions when things go wrong in terms of ensuring homogeneity of grievance procedures, disciplinary issues and investigations, and separation agreements. In practice though this unity, and environmental homogeneity in general, are often well-nigh impossible to achieve.

Total homogeneity of processes isn't feasible in organizations operating in multiple languages but the laws of efficiency demand that at least a proximity to perfection in purely procedural terms should be a target for institutions whose very raisons d'etre are founded in process improvement, efficiency and effectiveness. However, when legislative frameworks and the relative strengths of organized labor vary so greatly from location to location, the temptation to differentiate employee relations practices and architectures is at least understandable and can be overwhelming (especially during negative economic climates: turning the screw somewhat on the workforce during a downturn, should that be corporate strategy, is a lot easier in locations with less entrenched and more industry-friendly labor legislation). A company that can minimize that differentiation whilst adhering to local requirements such as working hours, health and safety infrastructure, disciplinary and/or grievance issues and the like is one step closer to the unattainable.

Nevertheless while process homogeneity might be sought-after in some areas, great flexibility is required in others - as indeed it is even within non-globalized organizations. Applying a blanket and rigid homogeneity across all geographical locations would be catastrophic; what is sought is that aforementioned familiarity rather than an anyway-illusory global uniformity.

"The problem with global shared services that include any element of employee relations is that it is very difficult, yet vital, to recognize the differences in employment law, policies and procedures and culture that exists from one country to another," says Andy Cook of employee relations experts Marshall-James. "It is a misgiving to look upon employee relations as something transactional that can be compartmentalized into a ‘one size fits all' solution. This does not take account of the very fabric and relationships that make an organization work."

Companies will benefit from another variation on the talent theme: the importance of top employee relations talent in putting the corporate vision - whatever that may be - into practice. Implementation of any such vision or strategy on the ground - and this goes too for any serious change program - has to be carried out by those familiar with the corporate infrastructure, a knowledge and understanding which can only by generated within that infrastructure. It is immeasurably easier for those brought into the location to oversee change efforts, or to monitor and enhance that location's employee relations environment, to do so if they have a minimum of cultural and systemic disassociation to deal with. But if their very role is to implement the changes which will dampen any dissociating impulse, these individuals will not only have to represent the corporate vision but will have to find a way - the best way - to bind it to local custom.

Obviously this isn't a task for sub-optimal talent - and nor are those facing the teams which the corporate evangelists must create on-location. Establishing true synergy between corporate vision and local custom takes top local talent too (thus there needs to be a connection made very early on in the process of setting up in a new location between corporate employee relations specialists and someone or some entity which can act in an advisory capacity with regards to the local employee relations environment) - only in partnership at a personal and individual level will the partnership between location and organization reach fruition.

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This article was first published on the Shared Services & Outsourcing Network (SSON) - Read it here: http://www.ssonetwork.com/topic_detail.aspx?id=7070&ekfrm=6&utm_source=ssonetwork.com&utm_medium=SMO&utm_campaign=DIRECTORIES&mac=SSON_External_Listing_2048

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