3. Contracts of employment (2): content and wages

Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes bu considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.

2019 ◽  
pp. 138-253
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand, some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes by considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.


Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media.


2021 ◽  
Vol 43 (4) ◽  
pp. 503-512
Author(s):  
Anastazja Kołodziej

Having in mind the Law on the Provision of Electronic Services, the article presents selected issues in the field of strict liability of the service provider in the form of administrative penalties for publishing on social media criminal content or content that is related to it, in the form of praising or exhorting to commit the crime prohibited under Art. 256 of the Penal Code according to the Draft of the Law on the Protection of Freedom of Speech on Social Media. It presents selected issues concerning inaccuracies and imprecise definitions of the notions of service provider, user, and illegal content, especially in the context of content that does not exhaust the features of a prohibited act under Art. 256 of the Penal Code. It describes also the procedure to be followed in the event of the user’s complaint about blocking their content, profile or a complaint about disseminating illegal content. The author concludes that the assessment of illegal content that does not exhaust the features of a crime under Art. 256 of the Penal Code, but is related to it, in the form of praising or exhorting to commit it, will belong to the Freedom of Speech Committee. Additionally, the regulations of the Law on the Provision of Electronic Services and the Draft of the Law on the Protection of Freedom of Speech on Social Media are inconsistent because, on one hand, after the so-called flagging of the content on social media, the service provider is obliged to remove illegal content (Art. 14 of the Law on the Provision of Electronic Services), while, on the other hand, according to the commented draft of the law, he is exposed to proceedings before the Freedom of Speech Committee and its arbitrary classification of content as legal or illegal.


2020 ◽  
Vol 11 (SPL1) ◽  
pp. 171-174
Author(s):  
Tarare Toshida ◽  
Chaple Jagruti

The covid-19 resulted in broad range of spread throughout the world in which India has also became a prey of it and in this situation the means of media is extensively inϑluencing the mentality of the people. Media always played a role of loop between society and sources of information. In this epidemic also media is playing a vital role in shaping the reaction in ϑirst place for both good and ill by providing important facts regarding symptoms of Corona virus, preventive measures against the virus and also how to deal with any suspect of disease to overcome covid-19. On the other hand, there are endless people who spread endless rumours overs social media and are adversely affecting life of people but we always count on media because they provide us with valuable answers to our questions, facts and everything in need. Media always remains on top of the line when it comes to stop the out spread of rumours which are surely dangerous kind of information for society. So on our side we should react fairly and maturely to handle the situation to keep it in the favour of humanity and help government not only to ϑight this pandemic but also the info emic.


Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


2000 ◽  
Vol 3 ◽  
pp. 525-545
Author(s):  
Paul M. Taylor

The Vertical Agreements Regulation may be judged in one of two ways, each yielding a different conclusion. It may be regarded, on the one hand, merely as a limited measure required at a particular time in the development of competition policy to correct some of the more obvious errors of previous Regulations. On the other hand, it may be assessed for its potential as a template for future Regulations. Is it to be regarded as a means of rectifying historic block exemptions or is it at the cutting edge of progressive policy? Without doubt it appears chronologically at one of the most important shifts in competition policy in decades and that is why there is much to be gained from reviewing the Regulation critically for improvements that can be carried forward into future Regulations.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.


2021 ◽  
Vol 13 (20) ◽  
pp. 11193
Author(s):  
Karol Król ◽  
Dariusz Zdonek

Content published in social media (SM) can be motivating. It can induce action, stimulate demand, and shape opinions. On the other hand, it can demotivate, cause helplessness, or overwhelm with information. Still, the impact of SM is not always the same. The paper aims to analyse the relations between sex, personality, and the way social media is used and motivation to take specific actions. The conclusions are founded on a survey (n = 462). The data were analysed with statistical methods. The study revealed that the use of SM has a significant impact on the motivation to act. Browsing through descriptions and photographs of various achievements posted by others in SM increased the intrinsic motivation of the respondents. Positive comments and emojis had a similar effect. Moreover, women and extraverts noted a significantly greater impact of SM on their intrinsic motivation concerning health and beauty effort, travel, hobby, and public expression of opinions than men and introverts. The results can be useful to recruiters. Extravert women that are open to cooperation, thorough, and well-organised are more likely to be active in SM.


2021 ◽  
Vol 4 (15) ◽  
pp. 97-113
Author(s):  
Yovita Sabarina Sitepu ◽  
Hendra Harahap ◽  
Februati Trimurni

Hoax and digitalization have become a threat to global democracy. During this pandemic, WhatsApp in collaboration with the Ministry of Communication and Informatics (Kominfo) has been successfully taken down 1, 759 hoaxes spreading on social media. Thus hoax content is circulating from January 23 to October 18, 2020. This study examines the literacy capability of social media users in Medan City in facing misinformation (Hoax). The purpose of this study is to describe the knowledge of social media users in Medan City regarding hoaxes; describing the process of spreading hoaxes among social media users in Medan City, as well as to identify the types of hoaxes mostly received and spread by social media users. The quantitative descriptive method is used in this study The samples of this study amount to 250 respondents selected in the accidental method. The results obtained from the aforementioned respondents show that respondents agreed that hoax is ‘a deliberate fake news. They stated that they had not been forwarding ‘splashy news’ that they received and do fact-check. On the other hand, when asked about why the ‘splashy news’ was forwarded, the respondents reasoned that they received the news from someone they trusted. In addition, the respondents each stated that they thought the news was useful as they believed the news to be true. The types of hoaxes most frequently received include lucky draws, socio-politics, governance, and health.


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