Employment Law Sample Exam Answer links:
[FREE] Employment Law Sample Exam Answer | latest!
Posted on 8-May-2021
If an employee has been sent to perform work in Latvia, then, irrespective of the law applicable to the employment contract and employment legal relationships, such employee who has been sent shall be ensured the working conditions and employment...
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[DOWNLOAD] Employment Law Sample Exam Answer | free!
Posted on 23-Apr-2021
An employer who sends an employee to perform work in Latvia has a duty, prior to posting the employee, to inform in writing the State Border Guard and State Labour Inspection regarding such a sent employee, indicating: given name and surname of the...
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EMPLOYMENT LAW
Posted on 7-May-2021
If a time period is specified for the completion of an activity, such activity may be completed on the last day of the time period up to hours. If such activity is to be completed in an undertaking, the time period shall expire on the hour when the specified working time of the undertaking ends. All written submissions or notifications, which have been delivered to a post office by hours on the last day of the time period, shall be considered as having been delivered within the time period. Answer : Parties to a collective agreement shall reach agreement on the provisions regulating the content of employment legal relationships, in particular the organisation of work remuneration and labour protection, establishment and termination of employment legal relationships, raising of qualifications, work procedures, social security of employees and other issues related to employment legal relationships, and shall determine mutual rights and duties. Without special arrangements, parties to a collective agreement shall: during the period of the existence of the collective agreement refrain from any measures which are directed at unilateral amendments to its provisions unless provided otherwise by regulatory enactments or by the collective agreement; and ensure that the provisions of the collective agreement are complied with and fulfilled both by the employer and the employees.
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Prepare For Your Licensing Exams
Posted on 26-May-2021
A general agreement entered into by an organisation of employers or an association of organisations of employers shall be binding on members of the organisation or the association of organisations. If members of an organisation of employers or an association of organisations of employers employ more than 50 per cent of the employees in a sector, a general agreement entered into between the organisation of employers or association of organisations of employers and an employee trade union or an association union of employee trade unions shall be binding on all employers of the relevant sector and shall apply to all employees employed by the employers. Answer : A collective agreement shall be entered into for a specified period of time or for a period of time required for the performance of specific work.
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Employment Law Quiz: Trivia MCQ
Posted on 9-Mar-2021
A collective agreement shall come into effect on the date it was entered into, unless the collective agreement specifies another time for coming into effect. If a collective agreement does not specify a time of effect, the collective agreement shall be deemed to have been entered into for one year. A collective agreement may be terminated before the expiry of its term on the basis of: agreement by the parties; or notice of termination by one party if such right has been agreed upon in the collective agreement.
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Exam Scripts And Skeleton Answers
Posted on 10-May-2021
Natalie Cole Do the views in this report suggest that governments now perceive the primary function of labour law as a means to improve efficiency and competitiveness, rather than as an instrument of social justice? Labour legislation is applicable on particular kinds of work relations. It needs to distinguish employment relations from business relations. In commercial and business relations, statutory employment rights are not applicable, for example, a solicitor or a hairdresser cannot insist on being paid a minimum wage by a client nor complain of unfair dismissal if their clients choose to go elsewhere for their services.
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Exam Study Guide
Posted on 19-Apr-2021
Most legislation aims to protect employees against the misuse of managerial power and instances of exploitation such as low pay; labour laws are therefore directed at the contracts of employment. There is no doubt that increased regulation has done much to empower the employee by bestowing a level of employment rights and standards. However, it has been suggested that the imposition of such a burden on employers impedes upon business efficiency and works to decelerate growth in the labour market during times of economic hardship.
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Practice Answers - Exam - Labour / Employment Law
Posted on 10-Mar-2021
In recent years the landscape of the global economy has dramatically changed. The recent economic crisis has meant there has been a colossal shift by policy makers in respect to labour regulations. This saw them move away from focusing on increasing employment rights, making employment more attractive to potential employees, thus relieving themselves of the burden of unemployment, toward a more relaxed approach where business are given a greater scope to manage their affairs without government intervention and labour regulations.
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Mastering Law Studies And Law Exam Techniques E10
Posted on 16-Apr-2021
The idea is, that the increased regulation placed a too high of a risk to employers during a time of uncertainty, a risk employers were previously willing to take in prosperous times. Deregulation of the labour market means that there needs to be a re-balancing of the burden of unemployment. During prosperous times, policy makers have been eager to place such a burden upon the employer in many different ways, through the introduction of statutory holiday, maternity and sick pay, statutory unfair dismissal and redundancy pay. It is therefore not difficult to understand why employers would be reluctant to grow their businesses and take on new employees in times of hardship; as employment can be seen to give rise to additional liabilities. Where then should the burden be placed? Should the burden be then placed entirely on the state by means of social welfare, or alternatively should the burden of unemployment be placed upon the unemployed individual?
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Study Aids And Past Exams
Posted on 7-Apr-2021
Finding an answer to the question of balance has proven to be the enigma of successive governments; the topic of many white papers and parliamentary debates. In turn labour rights and regulations have yo-yoed accordingly. Being the subject of constant change has lead to small employers and lay employees no longer being able point, with any certainty, to their rights and liabilities.
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Employment Law MCQ
Posted on 15-Apr-2021
However, labour regulations do not only fluctuate in times of economic prosperity and relax in times of economic hardship, as mentioned above, there are situations in which labour law does not apply at all, regardless of the economic landscape. However, flexibility of the labour marker is characterised by insecurity, fluctuations in pay and unpredictability.
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How To Answer A Problem Question In Employment Law
Posted on 27-Mar-2021
They have replaced employment contracts with commercial contracts and have effectively reduced labour costs and reduced the risks associated with typical employment. Vertical disintegration has seen the rise of the atypical worker. The atypical worker falls short of the title 'employee' and therefore is not granted the same level of statutory protections and rights to that of an employee. Employers have sought to maximise their business efficiency by outsourcing their workers. Worker status does not give rise to statutory obligations discussed above, such as holiday, sick and maternity pay. However, the main advantage for employers to seek atypical workers as opposed to employing a consistent workforce is the ability to adjust to demand.
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Contracts I And II: Past Exams And Answers
Posted on 28-May-2021
Businesses are seen to be prioritising efficiency and growth over employee loyalty, a trade off many employers are too willing to take as it means loosing burden of a vast amount of employment regulations. It should not be assumed however that all part-time and atypical work is to the detriment of all workers, this sort of work suits many people with its flexible nature can sometimes be preferred.
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Search Past Answers
Posted on 11-Apr-2021
That said, the rise of agencies and zero-hours contracts have had a negative impact on many. Especially those who are working full time for a single end user, they are employees in everything but name, but lack the job security and the labour rights their employed counterparts enjoy. The notion of numerical flexibility thus only brings insecurity and unpredictability for workers who are seen to be taking a back seat to business efficiency. In conclusion, increased labour regulations seek to maximise business efficiency and competitiveness during times of economic prosperity by making employment attractive to potential employees, it also incentivises businesses to invest in their workforce and in return employers receive employee loyalty. Employee loyalty is an essential part of business efficiency and competitiveness during times of economic prosperity and teamed with labour regulations is an effective instrument of social justice.
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Exam Database
Posted on 2-Mar-2021
However as the Beecroft Report suggests, much of labour law and regulation impedes on the search for efficiency and competiveness in todays era that is plagued with economic hardship. Strict labour law and regulations can be seen to be acting as a deterrent to potential employers who appear to be scared into outsourcing their workers to avoid undertaking the burdens which come with employing a consistent workforce.
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29 Employment Quizzes Online, Trivia, Questions & Answers - ProProfs Quizzes
Posted on 27-Mar-2021
This type of vertical disintegration has made it possible for businesses to begin to prosper again, but this has been to the detriment of the workforce as a whole. By denying job security and using the idea of 'private contractors' and agencies has, in itself, been a tool of social injustice. IntroductionPeople work under many different institutional arrangements, in the past these arrangements included slavery, forced and paid labour; each of these arrangements had an established and unique legal framework. The 19 th Century saw the spread of industrialization through Europe where the prominent legal institutional arrangement for paid work was found in the law of contract. This arrangement was part of the larger economic system of the time which regarded the hire of workers to perform work like any other market transaction; freely undertaken exchange of goods and services in exchange for payment. Sanctity of ContractLike all contracts, contracts for the hire of services was governed solely by the common law and were subject to the ordinary rules of contract, that of, offer, acceptance and consideration.
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CHRP Employment Law Exam & CHRL Employment Law Exam - HRPA
Posted on 26-Mar-2021
Contracts for the hire of services was later distinguished between 'contracts for service' and 'contracts of service', the former describes the services of a self-employed 'independent contractor', and latter that of an 'employment' situation. For the purposes of this essay, one shall be considering the terms of the latter, 'contracts of services'; the employment contract. In line with the general principle of contract law, the common law respects the principles of freedom and sanctity of contract. Traditionally, the express terms of the contractual agreement shall be the whole design of the economic relationship between the parties. The contract lays out the type of work, the conditions under which the work should be performed, duration, the allocation of risks between the parties and the remuneration to be paid. Previous to and during most of the industrial revolution labour law could be described as a 'nexus of contracts' and there was little state intervention lassie faire period into employment relationships.
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Build A Custom Email Digest By Following Topics, People, And Firms Published On JD Supra.
Posted on 1-May-2021
The courts were merely there to enforce the contractual agreements that individuals had freely negotiated and entered into. However, the principle of 'freedom to contract' did not take into consideration the inequality of bargaining power during contractual negotiations so over the years the state and the courts slowly began to intervene. InterventionUntil the middle of the twentieth century, most working arrangements were concluded orally, and the key points were expressly agreed wage, hours, etc. To resolve disputes the courts were seen the flesh out the details of employment agreements. The courts found the express terms of the contract from the 'agreement' itself, they then began to supplement those express terms with implied terms.
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Labour Law Interview Questions & Answers
Posted on 1-Apr-2021
Terms can be implied in three ways; by statute, by fact and by law. StatuteWhere there is a statutory provision an express term cannot override or modify it, for example, statute imposes a minimum wage, an employer cannot fall below that proscribed minimum. FactThere are four main types of terms implied by fact Obvious terms, i. The test for implying an obvious term is sometimes known as the officious bystander test, on the ground that the bystander who suggested that the term be expressly included in the contract would be "testily suppressed" by both parties with a common "oh, of course" -Southern Foundries v Shirlaw 2.
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Oxford University Press | Online Resource Centre | Outline Answers To Essay Questions
Posted on 6-Mar-2021
Terms that are necessary to give a business efficacy, i. Terms implied by conduct, i. Terms implied by custom, i. These terms have created for a new legal institution regarding employment contracts which have sought to form a 'standard model' of working arrangements. Terms implied by law place obligations on both the employer and employee and are implied in all contracts save for those that contain expressly contradictory terms. An employers implied obligations include:-To take reasonable care for the health and safety of employees; -Not, without reasonable cause, to act in a manner likely to destroy mutual trust and confidence; -Not to treat an employee arbitrarily, capriciously or irrationally in matter of remuneration, and; -To give reasonable notice of termination of the contract Employees implied obligations include:-To obey lawful orders of the employer; -To take reasonable care in the performance of their contract; -To act loyally toward the interests of the employer; -To serve the employer faithfully within the requirements of the contract, and; -To give reasonable notice of termination of contract.
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TSC Sample Exam Topics & Questions
Posted on 11-Apr-2021
As we can see, the implied obligations seek to protect the employer and employee alike by imposing obligations upon each. Implied obligations are not just a judicial extension of state paternalism by intervening on the behalf of the weaker party the employee who lacks bargaining power. Terms implied by law in practiceAs previously mentioned, generally, the imposition of the 'default rules' is only applicable in the absence of contradictory express terms.
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How To Answer Employment Questions
Posted on 21-Mar-2021
The case of Malik v BCCI confirmed this with Lord Stein holding that parties are "free to exclude or modify these 'default rules'" expressly by contract, but ultimately express terms take priority over those implied by law. Lord Stein revisited this point in the subsequent case of Johnstone v Bloomsbury. Here the court considered the circumstances in which it could be possible for an implied term to be used to qualify or regulate the way in which an express term can operate.
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Interview Questions
Posted on 1-May-2021
The court turned primarily to the implied term of mutual trust and confidence and held that an express provision in Mr Johnstone's contract stating he could be liable for 48 hrs. That is not to say that the implied term overrides or cuts down an express term, the implied term seeks only to regulate the manner in which a party exercises an express term; the express term must not be exercised in a way which seeks to destroy the relationship of mutual trust and confidence between the parties. However, implied obligations not only serve to protect employees, they too seek to protect employers from vexatious employees.
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Outline Answers To Essay Questions
Posted on 5-Apr-2021
In this case, a trade union instructed its members to follow a 'work to rule' policy which saw the members follow their employment rule book in a strict and literal fashion as a way to disrupt the business. The court of appeal held that by following the lawful instructions of the employer contained in the employee handbook in a manner which had the effect of disrupting the employer's business was a breach of the implied term to exercise reasonable care in the performance of their contract. Therefore in cases where a businesses rulebook is incorporated within the terms of contract, these lawful instructions cannot be followed in a way which seeks to disrupt the business.
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Law School Exams
Posted on 4-May-2021
Again we can how an implied term can serve to control an express term of the contract. ConclusionThe hierarchy of contractual terms in relation to employment contracts do present considerable confusion; an express term is overrode by a term implied by statute, whereas a term implied by law can be modified or excluded by an express term, however an implied term by law is capable of qualifying and controlling an express term.
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Civil Service Test Study Guide Books
Posted on 5-Apr-2021
Having the legal value of an implied term being divisible dependent of the source of implication in employment contracts has posed to challenge the definition of the proper relationship between express and implied contractual terms. However, the formulation of implied terms by law can been described as providing a much needed judicial bridge between the underlining legislative interventions terms implied by statute that replace or qualify the previous contractual framework approach, by adding substance to them.
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Past Law School Exams
Posted on 4-Apr-2021
A workplace dispute dispute can lead to many forms of industrial action including a strike, a ban on overtime, working to rule, or refusing to carry out certain tasks -all designed to put pressure on the employer. Disruption to the employers business is likely to come at a cost to the employer who shall want to seek a remedy for the harm stemming from the industrial action. However, over the years the law governing the tortious liability of a trade union for the industrial actions of its members has been said to be "fragmented, complex, unpredictable and sometimes unprincipled in nature". Recourse for employers and the rights granted to trade union members in turn grated to trade union's themselves have been plagued with uncertainty through many conflicting policy, legislative, and judicial stances, all of which overrule or adjust the former.
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CHRP Employment Law Exam & CHRL Employment Law Exam
Posted on 6-Mar-2021
However one thing seems to be clear, a balance between the employer's rights to recourse and the unions rights of immunity is a hotly contested subject, one which successive governments seek to balance in a way which seeks to compliment their own policies. Governments and the courts have left a huge wake of uncertainty in regards to the imposition of tortious liability making for an excellent topic to illustrate the historical legal development of trade union liability. This essay shall consider the phases of union liability from the mid 19 th Century to the present day, with specific reference to striking action. Tortious Liability at the Common LawAt common law all forms of industrial action are likely to constitute a breach of contract on the behalf of the employee taking part.
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TEXAS BOARD Of LAW EXAMINERS
Posted on 14-May-2021
This is usually a breach a term implied by law, namely the obligation of the employee to take reasonable care in the performance of their contract. This can be illustrated in the case Secretary of State for Employment v ASLEF, here the Court of Appeal held that the employees were in breach of their implied obligation to take reasonable care in the performance of their contract by following the instructions of their trade union to follow a 'work-to-rule' policy aimed at disrupting their employers business. As well as holding that most kinds of industrial action to be a breach of an express or implied term of the individuals employment contract giving rise to personal liability governed by the law of contract.
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Test Preparation Study Guides - Includes Practice Exam!
Posted on 14-May-2021
The common law also found it to be tortious to induce someone else to break their contract of employment, this can be dated back to the mid 19 th Century Lumley v Gye , and this in turn gave rise trade union liability in tort.
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Pre-employment Testing Practice - Aptitude And Personality Tests
Posted on 13-May-2021
Problem questions are those law questions that tell live stories about the relationship between people and then require you to identify legal issues from those interactions, address the issues with relevant authorities and then to advise the parties on their different rights using the IRAC method. It is important to note that a single problem question could have a series of different events which are based on different legal principles. On the other hand, an essay question is a question which requires an individual to write on legal principles without using a particular format like the IRAC method.
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Exam Archive - Eric E. Johnson
Posted on 6-Apr-2021
Notminding the fact that you are not required to advise the parties or to use a particular method to answer your question, you have to have some mental steps at the back of your mind so as to make your work enticing and arranged before your tutor or Lecturer. Here, law students will be expected to draw out the issues of law in the story, as it relates to what they have been taught in the classroom. Take for instance, a problem question on customary law might tell the story of a man who beats his wife because the custom provides for it. After explaining the story, students will be required to either provide the position of the law on the issues raised in the story or to advise the parties in the story.
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Exam Questions & Answers Archive | Maryland Courts
Posted on 19-Apr-2021
The most acceptable way of answering law problem questions is through IRAC method. IRAC is actually the best because it makes it very easy for students to explain any legal principle with authorities in the simplest format. Below are the things you must know about IRAC method of answering law questions. If you miss any step, then you are getting the whole question wrong. Now, to make sure that you understand the steps listed above, i will take my time to explain what you are supposed to do in every step. Remember, this is to teach you how to answer law problem question using IRAC method.
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Contracts I And II: Past Exams And Answers
Posted on 13-Mar-2021
This determination involves asking yourself, what is the problem sought to be addressed in the case? Example: What is the liability of a master regarding tort committed by his servant while engaged in a conduct expressly prohibited by the master? The importance of accurate identification of the issue s is that it narrows your response to the gist of the question. Your task is to focus only on those elements or information that substantively not tangentially speak to the issue s you have successfully identified.
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