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I. INTRODUCTION TO EMPLOYMENT LAW Warm-up Pairwork crossword - definitions labor worker apprentice part-time full-time temporary permanent overtime shift trainee probation period sick leave maternity leave headhunt recruit Pairwork - explain the difference between the following terms: wages - income - salary bonus - perks staff - crew - employee - employer training - skills - qualifications apprentice - trainee - intern Created by the team of authors. READING (EXAM PRACTICE - multiple choice questions) Read the text and for questions 1 -7 choose the best answer A, B, C or D. Employment law has undergone quite a considerable increase in both volume and importance over the past two centuries. This stemmed from the industrial revolution the beginning of which (taking into account different times in different countries) may generally be dated back to the turn of the 19 th century. Employment rights before then were virtually non-existent and depended on the benevolence of paternalistic or ruthless employers, called masters in those times, while those depending on them as employees were referred to as servants, which suggests a considerable degree of control by the former over the latter. With the advent of the industrial revolution things began to change. At first, the conditions of employees (factory workers) considerably decreased sometimes being dreadful beyond description. However, the first actions of workers trying to better their living conditions were doomed to failure and only started to be taken seriously by
Transcript

I. INTRODUCTION TO EMPLOYMENT LAW

Warm-up

Pairwork crossword - definitions

labor

worker

apprentice

part-time

full-time

temporary

permanent

overtime

shift

trainee

probation period

sick leave

maternity leave

headhunt

recruit

Pairwork - explain the difference between the following terms:

● wages - income - salary

● bonus - perks

● staff - crew - employee - employer

● training - skills - qualifications

● apprentice - trainee - intern

Created by the team of authors.

READING (EXAM PRACTICE - multiple choice questions)

Read the text and for questions 1 -7 choose the best answer A, B, C or D.

Employment law has undergone quite a considerable increase in both volume and importance over the past two

centuries. This stemmed from the industrial revolution the beginning of which (taking into account different times

in different countries) may generally be dated back to the turn of the 19th century. Employment rights before then

were virtually non-existent and depended on the benevolence of paternalistic or ruthless employers, called

masters in those times, while those depending on them as employees were referred to as servants, which

suggests a considerable degree of control by the former over the latter.

With the advent of the industrial revolution things began to change. At first, the conditions of employees (factory

workers) considerably decreased sometimes being dreadful beyond description. However, the first actions of

workers trying to better their living conditions were doomed to failure and only started to be taken seriously by

employers when their employees began to organize themselves into trade unions as it gave them more

bargaining power when asserting their rights and demands. These of course included primarily issues concerning

wages and working hours. Gradually, while putting pressure on governments, this movement resulted in the

adoption of labour legislation addressing such issues as the right to strike, restriction of child labour, eight-hour

workday, and introduction of an insurance system covering certain life situations people regularly get into, i.e.

sickness, unemployment and retirement. This laid the foundations for the modern system in civilized countries

whereby people may rightfully claim sickness payments, unemployment benefits and pensions. In addition to

these basic rights, the 20th century witnessed an unprecedented increase in the number of employment rights,

which considerably shifted the previous imbalance of rights in favour of employees to the detriment of employers,

a situation deplored by many of the latter group. For example, in the UK these rights include the right to have a

written statement of the main terms of the job, the right to a compensation payment when being dismissed due to

redundancy, the right to be given advance notice (i.e. the right to be informed about the termination of

employment some time before it actually takes place), and one of the latest achievements, the equal

opportunities policy, which guarantees the same pay for the same work to both men and women and, at least

theoretically, equal access to jobs.

Employment is a contract and so it may be ended as any other type of contractual relationship. However, as it

considerably affects people‘s living conditions termination of employment is not such a straightforward thing. The

reasons for being given notice are varied but most usually it is the case when an employee simply does not go to

work (non-performance of duties), gets drunk while at work, steals from the employer or is held responsible for

sexual discrimination (all these acts fall within the scope of gross misconduct). The opposite of a justifiable

discharge is wrongful discharge (US), or unfair dismissal (UK) and it is up to a court to decide who is wrong and

who is right if a legal action is taken.

The two parties to the contract of employment naturally try to get the most out of it but such efforts are subject to

various legal limits and a process of negotiation called collective bargaining the aim of which is to strike a

compromise. The employers try to squeeze the most out of their employees at the least possible cost which is

countered by the employees‘ efforts to maximise wages for their working hours. The employers‘ concessions

include various kinds of benefits while incentives to work harder have the form of promotion which may be partly

tied to seniority. For potential disputes there is a grievance procedure by which persons with a feeling of being

disciplined, or discharged without just cause, may have their cases decided by impartial labor arbitrators in the

USA or by employment tribunals in the UK (previously called industrial tribunals).

The employment tribunal in the UK was originally meant to be a place where claims could be sorted out quickly

and efficiently without the expense of lawyers. Gradually, the volume of case law increased so much that

tribunals had to be dealt with by numerous persons taking part in hearings involving the employers‘ lawyers,

union officials and various state-sponsored representatives from law centres (a type of non-for-profit legal

practice assisting people who cannot afford a paid lawyers). It was only the 2013 introduction of high fees that led

to a drop in employment tribunal cases.

When peaceful means fail then comes the time for war which in industrial relations has the name of a strike, or

more euphemistically, industrial action (job action in America). The workers of a particular enterprise decide, after

a majority vote in a secret ballot, not to go inside but stay outside the premises and form a picket line which is

much like a frontier line bordering with the enemy‘s zone and anyone trying to cross it is discouraged from doing

so by being confronted by picketers holding picket signs saying such things as ―Don‘t cross the picket line‖. Those

who dare to cross the line may be subject to abuse (being called strike breakers, or, less politely, scabs) or even

to violence which of course is unlawful.

1 Employment law considers the relationship between

a. employers

b. employees

*c. masters and servants

d. companies and workers

2 The first achievements of trade unions covered mainly

a. right to strike

b. advance notice

c. child labour

*d. payment for work

3 During the 20th century employment rights

a. changed the previously established balance

*b. moved further to benefit the employees

c. brought equal opportunities for employers

d. guaranteed employees access to any job

4 Justifiable discharge can be used in case of

*a. gross misconduct

b. performing the obligation

c. a given notice

d. unfair dismissal

5 Collective bargaining can be carried out by

a promotion

b. a grievance procedure

c. labour arbitrators

*d. reaching a compromise

6 Employment tribunals are used to

a. sponsor the representatives from law centres

*b. settle the disputes

c. govern industrial relations

d. support the rights to strike

7 An industrial action

a. must be taken by all workers

b. causes unlawful abuse

*c. is a synonym for a strike

d. is discouraged by picketers

Extracts based on: http://work.chron.com/disadvantages-overtime-5388.html http://www.theguardian.com/media/2013/may/10/bbc-newsroom-criticised-health-safety http://www.theguardian.com/women-in-leadership/2014/apr/17/bullying-harassment-at-work-advice-q-a http://www.amanet.org/training/articles/The-Problem-with-Work-Life-Balance.aspx http://www.thesundaytimes.co.uk/sto/news/uk_news/Health/article1495779.ece

Definitions

Match the following expressions from the text to the definitions:

1 gross misconduct a) termination of employment for which the reasons and grounds exist

2 justifiable discharge b) industrial action by unionized workers who either are on, or are trying to gather

support for, a strike by assembling near the entrance to the employer's premises

3 collective bargaining c) very bad behaviour of an employee, which is a fair reason for dismissal (such as drunkenness or theft)

4 picketer d) a person or group of persons stationed outside a place of employment, usually during a strike, to express grievance or protest and discourage entry by nonstriking employees or customers

5 picket line e) negotiation between an employer and a representative of a larger unit of employees, to govern hiring, work, pay and dispute resolution

1c 2a 3e 4d 5b

Created by the team of authors.

Contracts of employment

Read the following extract from the Czech Labour Code on employment contracts and translate it into

English: (alternativa - vylepšete Google Translate)

§ 34

(1) Pracovní smlouva musí obsahovat

a) druh práce, který má zaměstnanec pro zaměstnavatele vykonávat,

b) místo nebo místa výkonu práce, ve kterých má být práce podle písmene a) vykonávána,

c) den nástupu do práce.

(2) Pracovní smlouva musí být uzavřena písemně.

(3) Nenastoupí-li zaměstnanec ve sjednaný den do práce, aniž mu v tom bránila překážka v práci, nebo se

zaměstnavatel do týdne nedozví o této překážce, může zaměstnavatel od pracovní smlouvy odstoupit.

(4) Od pracovní smlouvy je možné odstoupit, jen dokud zaměstnanec nenastoupil do práce. Pro odstoupení od

pracovní smlouvy se vyžaduje dodržení písemné formy, jinak se k němu nepřihlíží.

(5) Každá smluvní strana musí obdržet jedno vyhotovení pracovní smlouvy.

(http://business.center.cz/business/pravo/zakony/zakonik-prace/cast2h2.aspx)

Section 34

(1) An employment contract must include:

(a) the type of work (job title) which the employee will perform for the employer;

(b) the place or places of work where the employee will perform the work pursuant to (a);

(c) the date of commencement of employment (i.e. of an employment relationship).

(2) An employment contract must be concluded in writing.

(3) Where an employee fails to take up his work on the agreed date without being prevented

by an obstacle thereto or where his employer is not informed of such obstacle within a week

therefrom, the employer may withdraw from the employment contract.

(4) It is only permitted to withdraw from an employment contract until an employee takes up

work. Written form of the withdrawal from an employment contract is required, otherwise it shall not be taken into

consideration.

(5) Each contracting party must receive one copy of the relevant employment contract.

(http://www.mpsv.cz/files/clanky/3221/Labour_Code_2012.pdf - upraveno podle aktuálního znění zákona)

Translate the following types of contracts into English:

● pracovní smlouva _____________________________ an employment contract

● dohoda o provedení práce _____________________________ an agreement to complete a job

● dohoda o pracovní činnosti _____________________________ an agreement to work

An employment contract is an agreement between an employer and an employee which sets out terms

and conditions of employment. The contract of employment in the Czech Republic has to be in writing

and the employee has to receive a copy. Below are extracts from a contract of employment, the key

expressions have been removed. Complete the text using the expressions from the box.

position probationary period date of commencement place of work period of notice duties and responsibilities holiday entitlement

pay sheet

1. Alan Smith has been appointed to the position of Undergraduate and Departmental Administrative

Assistant.

2. Prior to concluding the Contract of Employment, the employee has been acquainted with his/her

______________________ as detailed in the attached Job Description, but this Job Description should

not be regarded as exclusive or exhaustive. There will be other occasional duties and requirements

associated with the appointment.

3. The ______________________ of your continuous service with the university is 1 June 2015.

4. The ______________________ is Faculty of Law, Veveří 70, 611 80 Brno.

5. The length of the ______________________ is set to 3 months.

6. The salary is specified in the employee‘s ______________________.

7. The employee‘s ______________________ is 25 days which cannot be carried over.

8. The statutory ______________________ is 2 months as set forth by Czech Labour Code.

-----------------------------

Alan Smith has been appointed to the {position} of Undergraduate and Departmental Administrative Assistant.

Prior to concluding the Contract of Employment, the employee has been acquainted with his/her {duties and

responsibilities} as detailed in the attached Job Description, but this Job Description should not be regarded as

exclusive or exhaustive. There will be other occasional duties and requirements associated with the appointment.

The {date of commencement} of your continuous service with the university is 1 June 2015.

The {place of work} is Faculty of Law, Veveří 70, 611 80 Brno.

The length of the {probationary period} is set to 3 months.

The salary is specified in the employee‘s {pay sheet}.

The employee‘s {holiday entitlement} is 25 days which cannot be carried over.

The statutory {period of notice} is 2 months as set forth by Czech Labour Code.

adapted from: … Section 3, Unit 21

https://www.justlanded.com/english/Czech-Republic/Czech-Republic-Guide/Jobs/Employment-Contracts

http://www.upol.cz/en/groups/practical-information/foreign-employees/

https://www.fss.muni.cz/static/2093/Teacher_Handbook_2014-15.pdf

WRITING: You are working for a law firm and you have received the following email to answer. Write a reply

using all the prompts. The length must be 120 - 180 words.

● thank for the email

● not enough information about John Green, e.g. where from?

● more options (use some information from the extracts in Czech)

● offer meeting him personally

Dear Sir or Madam

I am an English teacher who would like to start working for a Brno language school and I would be grateful if you

could advise me on some basic facts concerning the employment in the Czech Republic. So far I have worked

only in China.

I am interested in staying at least a year and working on a contract basis.

I am looking forward to your reply.

Yours Faithfully

John Green

… Pro účely zaměstnávání cizinců ze zahraničí podle zákona o zaměstnanosti se za cizince napovažuje občan EU...

… Cizinec může být přijat do zaměstnání, je-li držitelem platné zaměstnanecké karty nebo modré karty, má-li platné povolení k zaměstnání a platné povolení k pobytu …

… Mezi základní pracovněprávní vztahy patří pracovní poměr a právní vztahy založené dohodami (DPP a DPČ) ...

Created by the team of authors.

II. ISSUES IN THE WORKPLACE

Warm-up VIDEO - YouTube: Do you know the basics of employment law?

https://www.youtube.com/watch?v=Yn6MK_blDck

Watch the video and answer the following questions:

1) What is retaliation in connection with employment law?

2) What are the alternatives to docking an employee‘s pay?

3) In which aspects does ADEA protect employees or applicants over 40?

4) How are people aged 16 or 17 limited when it comes to a job?

5) What does ―FMLA leave‖ stand for and what are the examples?

1) It is illegal to punish workers who voice complaints, or use job-protected FMLA leave.

2) Instead of docking employee’s pay you should discipline them, e.g. suspension, or termination

3) ADEA = Age Discrimination in Employment Act; ADEA makes it illegal to treat an employee or applicant

over 40 less favourably because of their age, including hiring, firing, pay, job assignments, training,

benefits

4) They are not limited by hours, but can work only in certain non-hazardous jobs

5) FMLA Leave = Family and Medical Leave Act; pregnancy, serious health condition, parent / child serious

health condition; up to 12 weeks of job-protected leave a year

Label the following situations with appropriate headings:

● working hours & overtime

● leave & absence

● health & safety

● harassment & bullying

● equal opportunities & protection

● work-life balance

● whistleblowing

1 ______________________________ ABC News reported that people working 10-hour shifts increased their risk of heart-related problems. Alarmingly, the "European Heart Journal" conducted a study that revealed people working 10-hour days were 60 percent more likely to experience problems than those working fewer hours. Additional adverse health effects associated with long work hours include ulcers, depression, stomach problems and breast cancer. (http://work.chron.com/disadvantages-overtime-5388.html) 2 ______________________________ It was supposed to provide an exciting backdrop to BBC News bulletins and open the corporation up to the public, but staff have complained that the corporation's new glass-plated newsroom makes them feel like pandas in a zoo. BBC News insiders also fear a "Daily Mail incident", where viewers watching coverage of a tragedy might see journalists laughing in the background. There are also concerns that the guidelines governing the capacious, double atrium newsroom at the £1bn revamped BBC New Broadcasting House headquarters in central London could be affecting safety after two incidents last month where staff were taken ill and required paramedics. (http://www.theguardian.com/media/2013/may/10/bbc-newsroom-criticised-health-safety) 3 ______________________________ These are worrying statistics. Despite multiple processes, laws and guidelines supposedly regulating the workplace and protecting employees, over half of women are still experiencing unacceptable behaviour from bosses and colleagues. So what can we do about this? Should there be more laws protecting women in the workplace, or is this a more deeply ingrained issue that requires a grassroots approach to change? (http://www.theguardian.com/women-in-leadership/2014/apr/17/bullying-harassment-at-work-advice-q-a) 4 ______________________________ In today‘s fast-paced workplace, most of us are urged to do more, faster, and with fewer resources. There seems to be more pressure to be successful—whatever that means—than ever before. While doing the job of two or three people at work, we‘re expected to be exemplary parents AND have a fulfilling personal life in which we rear perfect children, enjoy our hobbies, volunteer in the community, and take superb care of our bodies, spirits, and minds. But I maintain that while the quest for balance is a wonderful goal, it‘s just not a realistic goal for most folks. Instead, it has become one more ―to-do‖ on an ever-expanding, guilt-inducing list. (http://www.amanet.org/training/articles/The-Problem-with-Work-Life-Balance.aspx) 5 ______________________________ Russell Dunkeld told his bosses at Royal Lancaster Infirmary, part of University Hospitals of Morecambe Bay NHS Foundation Trust, how a nurse on his ward had boasted of speeding patients on their way by interfering with drug and saline

drips. The 60-year-old resigned, suffering stress, when his concerns were not investigated. Managers later gagged him from speaking out as part of a compensation deal. (http://www.thesundaytimes.co.uk/sto/news/uk_news/Health/article1495779.ece)

Sources of texts: http://work.chron.com/disadvantages-overtime-5388.html http://www.theguardian.com/media/2013/may/10/bbc-newsroom-criticised-health-safety http://www.theguardian.com/women-in-leadership/2014/apr/17/bullying-harassment-at-work-advice-q-a http://www.amanet.org/training/articles/The-Problem-with-Work-Life-Balance.aspx http://www.thesundaytimes.co.uk/sto/news/uk_news/Health/article1495779.ece

Whistleblowing Listen to an interview about whistleblowing and complete the summary with one word in a gap: Simon Stephen says that whistleblowing is often considered to be an HR issue as it involves managing people who blow the whistle (report suspicious behaviour in a company). He mentions three main reasons for whistleblowing being a wider subject:

● the individual accountability - if a 1 _____________ is raised to the attention of an individual and nothing happens, it might lead to something more dramatic, including external regulators

● 2 _____________ - an individual as an employee may sue the company if they have a feeling they have not been treated appropriately after blowing the whistle

● public 3 _____________ - especially if the whistleblowing affair gets in the media Simon talks about the difference between whistleblowing and 4 _____________. What is similar is that both address a malpractice at a workplace, but explains that the latter covers how somebody 5 _____________ has been treated during their employment. Whistleblowing used to be under the 6 ___________ law and in previous legislation, but it isn‘t any more. He also mentions that there aren‘t any statutory 7 _____________ under the Employment Rights Act to do anything proactively with a whistleblower. Before somebody who decides to blow the whistle gets any rights or protection under the relevant 8 ___________ they must make a qualifying protective 9 _____________ of a particular breach that a company has made. Such a worker is then protected from being subject to a detriment and they are also protected from being 10 _____________ dismissed. Simon Stephen says that whistleblowing is often considered to be an HR issue as it involves managing people who blow the whistle (report suspicious behaviour in a company). He mentions three main reasons for whistleblowing being a wider subject:

● the individual accountability - if a 1 {wrongdoing} is raised to the attention of an individual and nothing happens, it might lead to something more dramatic, including external regulators

● 2 {litigation} - an individual as an employee may sue the company if they have a feeling they have not been treated appropriately after blowing the whistle

● public 3 {relations}- especially if the whistleblowing affair gets in the media Simon talks about the difference between whistleblowing and 4 {grievance|grievances}. What is similar is that both address a malpractice at a workplace, but explains that the latter covers how somebody 5 {personally} has been treated during their employment. Whistleblowing used to be under the 6 {case} law and in previous legislation, but it isn’t any more. He also mentions that for you as an employer there aren’t any statutory 7 {obligations} under the Employment Rights Act to do anything proactively with a whistleblower.

Before somebody who decides to blow the whistle gets any rights or protection under the relevant 8 {legislation} they must make a qualifying protective 9 {disclosure} of a particular breach that a company has made. Such a worker is then protected from being subject to a detriment and they are also protected from being 10 {unfairly} dismissed. Transcript: David Lowe: Whistleblowing is in the headlines. Look at the NHS, look at the challenges in America, huge fines, but does it

really matter to the private sector? Is it just a public sector issue? Does it matter to in-house lawyers?

These are the kind of issues that I am going to address with Simon Stephen, associate in our employment team.

So Simon, why does whistleblowing matter to an in-house lawyer in the private sector?

Simon Stephen: Whistleblowing is often seen as an HR issue because it involves managing people who blow the whistle

which of course is an important part of the process but whistleblowing has wider reaches than that for three principle

reasons.

One, there is accountability. There is the individual accountability to whom somebody is blowing the whistle. If a wrongdoing

is raised to the attention of an individual and nothing happens and then it blows up into something much more dramatic

involving external regulators, then putting it bluntly, heads will roll for that.

There is also the wider issue for the culprit itself once it becomes aware of a wrongdoing through whistleblowing there is an

onus to do something about it and again if it doesn't or it is not managed properly then that will have an impact on the culprit.

The second issue is litigation, an individual as an employee could sue the company if they do not feel that they have been

treated appropriately having blown the whistle.

There is also the risk of external litigation from external bodies such as the SFO or other regulators or prescribed people

should they get wind of the wrongdoing behind the whistle-blowing and the third issue is public relations.

Of course if a whistleblowing issue hits the press we have seen this recently with the Rotherham Council and the child safety

issues. Underneath all of these scandals there is somebody who says I blew the whistle and nothing happened and that is

very damaging for public relations.

David Lowe: How does whistleblowing differ from a normal employer employee grievance?

Simon Stephen: Whistleblowing and grievances are often seen together because by the very nature both the raising of

wrongdoing the differences between a grievance and whistleblowing in the context we are looking at it is that grievances are

an issue about a very personal nature about how somebody personally has been treated during their employment.

Whistleblowing is something much wider. It is the raising of wrongdoing by an employer and it could cover any wrongdoing

that that organisation is doing.

It used to be under the case law and in previous legislation but actually the individuals raising the grievance could in fact

qualify as a whistleblowing but having seen the changes come in last year about the now need for a disclosure to be made in

the public interest, this is no longer the case.

David Lowe: As an employer what are your obligations if somebody whistle blows to you?

Simon Stephen: There aren't any statutory obligations under the Public Interest Disclosure Act or the Employment Rights

Act to do anything proactively with a whistleblower but there are obligations in terms of how you treat somebody once they

have blown the whistle.

David Lowe: What rights or protection do employees have if they air their grievances?

Simon Stephen: The first point there is the rights and protections extend much wider than employees. It covers workers and

indeed recent supreme court case has held that members of an LLP are covered by the protection as well but before a

worker gets any rights or protection under the relevant legislation they have to go through a number of hoops to make what

is called a qualifying protective disclosure.

So they have to make a disclosure of information of a particular breach that an organisation has made which in short covers

any legal obligation and in the appropriate way. Once they have done that they have then made what is called a qualifying

protected disclosure.

Having made such a qualifying protected disclosure the employee or worker is then protected from being subject to a

detriment for having made such a protected disclosure and they are also protected for being unfairly dismissed.

Source: http://www.wragge-law.com/insights/whistleblowing-simon-stephen-thinkhouse-september-2014-podcast/

Whistleblowing is when a worker reports suspected wrongdoing at work. Officially this is called ‗making a disclosure in the public interest‘. A worker can report things that aren‘t right, are illegal or if anyone at work is neglecting their duties, including:

● someone‘s health and safety is in danger ● damage to the environment ● a criminal offence ● the company isn‘t obeying the law (like not having the right insurance) ● covering up wrongdoing

(https://www.gov.uk/whistleblowing/overview)

DISMISSAL Divide logically the following situations into the categories:

● pregnancy: including all reasons relating to maternity

● family reasons: including parental leave, paternity leave (birth and adoption), adoption leave or time off for

dependants

● a reason related to an employee's conduct

● a reason related to an employee's capability or qualifications for the job

● because of a redundancy

● because a statutory duty or restriction prohibited the employment being continued

● representation: including acting as an employee representative

● trade union membership grounds and union recognition

● part-time and fixed-term employees

Unfair dismissal (Dismissals are classed as 'automatically unfair', regardless of the reasonableness, if an employee is exercising specific rights to do with:)

Fair dismissal (Dismissal is normally fair if an employer can show that it is for one of the following reasons:)

Unfair dismissal (Dismissals are classed as 'automatically unfair', regardless of the reasonableness, if an employee is exercising specific rights to do with:)

Fair dismissal (Dismissal is normally fair if an employer can show that it is for one of the following reasons:)

● pregnancy: including all reasons relating to maternity

● family reasons: including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants

● representation: including acting as an employee representative

● trade union membership grounds and union recognition

● part-time and fixed-term employees

● a reason related to an employee's conduct ● a reason related to an employee's capability or

qualifications for the job ● because of a redundancy ● because a statutory duty or restriction

prohibited the employment being continued

Source: (http://www.acas.org.uk/index.aspx?articleid=4098)

GRIEVANCE

Read the following texts and for each gap, use the words in CAPITALS to form one word that fits in the same numbered gap in the text.

What is a Grievance?

Put simply, a grievance is a (1) ________________. If you are having a problem at work (for example, you are unhappy with something you have been asked to do as part of your job, or you are concerned about the terms of your contract of (2) ________________ that have been changed, or if you feel you are being bullied by a colleague or a (3) ________________), then you can raise a ―grievance‖.

Raising a grievance is putting your problem to your employer informally at first (by perhaps having a private word) or if that (4) ________________, more formally, perhaps in writing which will allow them to (5) ________________ and hopefully resolve your grievance.

(1) COMPLAIN

(2) EMPLOY

(3) MANAGE

(4) FAILURE

(5) INVESTIGATION

What is a Grievance?

Put simply, a grievance is a complaint. If you are having a problem at work (for example, you are unhappy with something you have been asked to do as part of your job, or you are concerned about the terms of your contract of employment that have been changed, or if you feel you are being bullied by a colleague or a manager), then you can raise a ―grievance‖.

Raising a grievance is putting your problem to your employer informally at first (by perhaps having a private word) or if that fails, more formally, perhaps in writing which will allow them to investigate and hopefully resolve your grievance.

What is Disciplinary Action?

If your employer is concerned or unhappy about your work, they may look to take disciplinary action against you. Examples of possible concerns include: the standard of your work, your (6) ________________ at work and your level of (7) ________________ from work.

Your employer is not (8) ________________ to discuss matters with you informally. Instead, they may decide to take disciplinary action formally, especially if the matter is serious.

If your employer decides to take disciplinary action, they should set out in a letter the (9) ________________ misconduct or poor (10) ________________ and the possible consequences you may face.

(6) BEHAVE (7) ABSENT (8) OBLIGATION (9) ALLEGATION (10) PERFORM

What is Disciplinary Action?

If your employer is concerned or unhappy about your work, they may look to take disciplinary action against you. Examples of possible concerns include: the standard of your work, your behaviour at work and your level of absence from work.

Your employer is not obliged to discuss matters with you informally. Instead, they may decide to take disciplinary action formally, especially if the matter is serious.

If your employer decides to take disciplinary action, they should set out in a letter the alleged misconduct or poor performance and the possible consequences you may face.

Text from http://www.winstonsolicitors.co.uk/employment-questions-and-answers.html

CONSTRUCTIVE DISMISSAL. Put the verbs into the gaps in the correct form:

act breach fire force require bully

prove leave submit raise

Constructive Dismissal is where your employer has (1) _____________ in such a way towards you that it (2) _____________ your contract and allows you to leave your job and treat yourself as dismissed. Whilst your employer has not actually (3) _____________ you, they may have (4) _____________ your employment to come to an end by their behaviour. If the contract has been brought to an end, you will not be (5) _____________ to work your notice. An example of this would be where your employer persistently (6) _____________ you and forces you to leave the job.

Remember, Constructive Dismissal is not always easy to (7) _____________ and it is important you consider your position very carefully before (8) _____________ your job. To prove Constructive Dismissal you need to show that your employer‘s actions were sufficiently serious to allow you to leave your job. It is not necessarily enough that you consider that your employer has acted unreasonably.

A claim for Constructive Dismissal must be (9) _____________ to an Employment Tribunal within three months less a day of the date of your resignation.

You should generally try and (10) _____________ a grievance with your employer before resigning to give them the opportunity of trying to resolve the problem. A failure to do this could reduce any compensation that you recover by up to 25%.

Constructive Dismissal is where your employer has acted in such a way towards you that it breaches your contract and allows you to leave your job and treat yourself as dismissed. Whilst your employer has not actually fired you, they may have forced your employment to come to an end by their behaviour. If the contract has been brought to an end, you will not be required to work your notice. An example of this would be where your employer persistently bullies you and forces you to leave the job. A Constructive Dismissal Claim may either be brought about by one particular incident or it may be a series of incidents culminating in a ‗last straw'.

Remember, Constructive Dismissal is not always easy to prove and it is important you consider your position very carefully before leaving your job. To prove Constructive Dismissal you need to show that your employer‘s actions were sufficiently serious to allow you to leave your job. It is not necessarily enough that you consider that your employer has acted unreasonably.

A claim for Constructive Dismissal must be submitted to an Employment Tribunal within three months less a day of the date of your resignation.

You should generally try and raise a grievance with your employer before resigning to give them the opportunity of trying to resolve the problem. A failure to do this could reduce any compensation that you recover by up to 25%.

Source: (http://www.winstonsolicitors.co.uk/employment-questions-and-answers.html) VOCABULARY

Divide the following expressions into the chart:

To be out of work To be off work To be made redundant To lay sb off To resign

To be on the dole To receive the unemployment benefit To sack / fire sb To hand in a notice To quit

Created by the team of authors.

Can you add more words into the categories?

III. APPLYING FOR A JOB

JOB OFFER

Legal Intern

As a Legal Intern and part of the Google legal regional team, you will play an important part in helping to

respond to some of the toughest legal challenges of the information age. You will get an insight into the legal

issues at Google and YouTube and learn to expect the unexpected and be equipped with the full toolkit of

professional skills to handle whatever comes in. This role will test your organization skills, attention to detail,

versatility and composure. You will get the chance to demonstrate that you have sound legal judgment, can

learn quickly in a fast-paced environment, and can communicate confidently at all levels. An interest in

technology and the internet, an understanding of Google‘s online technologies and services as well as

experience from working or studying abroad in an English speaking country, will be important assets for this

job.

Responsibilities

● Conduct legal research on a variety of legal topics including: intellectual property, consumer regulations,

media regulations, advertising law, data protection, etc.

● Respond to various legal requests from users and third parties in relation to Google services.

● Assist the legal team in the preparation and the management of court actions.

● Participate in the creation and maintenance of internal knowledge databases for the legal team.

● Review and draft contracts.

Minimum qualifications

● undergraduate or graduate of Law (suitable for law students and fresh graduates)

Preferred qualifications

● Related experience in a leading law firm.

● Well organized and able to manage numerous projects simultaneously under deadline pressure.

● Excellent legal analysis and research skills.

● Good command of English (written and spoken) and fluent local language; additional European

language(s).

Contact

Mr John Google

Google Prague

Stroupežnického 3191/17

150 00 Prague 5

Czech Republic

https://www.google.com/about/careers/search#!t=jo&jid=68615001&

WRITING A CV Your CURRICULUM VITAE is the first thing an HR Manager or your prospective employer will see. Only a well-designed and flawless CV stands a chance to be thoroughly read, and may eventually lead to an invitation to the job interview. Read this advice on writing a CV. Do you agree with all points?

1) You should include a photograph in your CV. 2) There should be as many details as possible in your CV. 3) A CV should fit one page. 4) Everything should be in chronological order. 5) One CV is suitable for any job you apply for. 6) A CV should be tailored to the position you are applying for. 7) You can exaggerate your skills and achievements to make your CV more attractive. 8) List all your previous jobs, including summer and part-time jobs. 9) Name all your hobbies and interests. 10) Make sure you have the permission to use names and phone numbers of people who will act as a

reference for you. Created by the team of authors.

Pairwork - make a list of sections in a CV in what you think is logical order:

● Heading ● ______________________ ● ______________________ ● ______________________ ● ______________________ ● ______________________ ● ______________________ ● ______________________

Now design your own CV, then swap it with another student to get feedback. Work in groups of three - choose the best CV. Created by the team of authors. COVER LETTER Read the cover letter and figure out the prepositions missing:

date White & Case LLP Kandabashi Park Building 19-1, Kanda-nishikicho 1-chome Chiyoda-ku, Tokyo 101-0054 Japan Dear [specific name individual]: I am currently a third-year law student _____ Columbia School of Law, and I am writing _____ express my interest _____ obtaining a summer internship position _____ White & Case, LLP. I would like to become a part _____ your Japanese tax-law internship program. I would enjoy the opportunity _____ work within an organization such _____ White & Case, LLP, and participate _____ tax-compliance and research projects. My qualifications are based _____ a combination of my education, global experience, and legal skills. My strongest qualification comes _____ having spent more than a semester here in Tokyo studying Japanese tax law through Waseda University while also gaining professional experience and polishing my skills _____ Japanese. I previously studied for a semester at Kyushu University, Fukuoka City, Japan. My successful academic work _____ Columbia Law and Manhattan College further demonstrates the research skills needed for the position. Soon after entering the Columbia law program, I spent a semester _____ a research assistant at the Columbia School of Law Center for Public Interest Law. Through constantly interacting with diverse people and performing multiple tasks _____ time constraints, I have gained three essential qualities to succeed in this fast changing global marketplace: a strong sense of responsibility, a problem-solving mindset, and team spirit. I have made a career commitment _____ international tax law. I strive to learn more, while pursuing excellence and personal growth. I would appreciate the opportunity to discuss a future with your firm, and am including

my resume _____ your consideration. If you need additional information, please contact me _____ e-mail at [email protected] at your earliest convenience. Thank you very much for your time and consideration. Sincerely, Holly Bennington date White & Case LLP Kandabashi Park Building 19-1, Kanda-nishikicho 1-chome Chiyoda-ku, Tokyo 101-0054 Japan Dear [specific name individual]: I am currently a third-year law student {at} Columbia School of Law, and I am writing {to} express my interest {in} obtaining a summer internship position {with} White & Case, LLP. I would like to become a part {of} your Japanese tax-law internship program. I would enjoy the opportunity {to} work within an organization such {as} White & Case, LLP, and participate {in} tax-compliance and research projects. My qualifications are based {on} a combination of my education, global experience, and legal skills. My strongest qualification comes {from} having spent more than a semester here in Tokyo studying Japanese tax law through Waseda University while also gaining professional experience and polishing my skills {in} Japanese. I previously studied for a semester at Kyushu University, Fukuoka City, Japan. My successful academic work {at} Columbia Law and Manhattan College further demonstrates the research skills needed for the position. Soon after entering the Columbia law program, I spent a semester {as} a research assistant at the Columbia School of Law Center for Public Interest Law. Through constantly interacting with diverse people and performing multiple tasks {under} time constraints, I have gained three essential qualities to succeed in this fast changing global marketplace: a strong sense of responsibility, a problem-solving mindset, and team spirit. I have made a career commitment {to} international tax law. I strive to learn more, while pursuing excellence and personal growth. I would appreciate the opportunity to discuss a future with your firm, and am including my resume {for} your consideration. If you need additional information, please contact me {via} email at [email protected] at your earliest convenience. Thank you very much for your time and consideration. Sincerely, Holly Bennington Source: (http://www.quintcareers.com/sample_law_internship_cover_letter.pdf) Look at these sentences from a cover letter and put the verbs in the brackets in the correct tense:

1) As you can see from my CV, I _______________ (study) law at Masaryk University for three years.

2) After I _______________ (finish) high school in 2012, I _______________ (spend) a year in the USA.

3) I _______________ (work) part-time as a paralegal in a law firm since last September.

4) In my current job I _______________ (gain) wide experience in research work, drafting motions and

reporting cases.

5) Previously I _______________ (employ) as a personal assistant at an IT company for five months, which

_______________ (help) me develop my communication and interpersonal skills.

1) As you can see from my CV, I {have been studying} law at Masaryk University for three years.

2) After I {finished} high school in 2012, I {spent} a year in the USA.

3) I {have been working} part-time as a paralegal in a law firm since last September.

4) In my current job I {have gained} wide experience in research work, drafting motions and reporting cases.

5) Previously I {was employed} as a personal assistant at an IT company for five months, which {helped} me

develop my communication and interpersonal skills.

Grammar - online practice:

https://elt.oup.com/student/oxfordenglishgrammar/intermediate/oegc_intermediate_section05/intermediate_sectio

n05_01?cc=cz&selLanguage=cs&mode=hub

http://www.usingenglish.com/quizzes/228.html

http://www.learnenglishfeelgood.com/simple-past-present-perfect1.html

http://www.englishexercises.org/makeagame/viewgame.asp?id=8998

Text from http://www.winstonsolicitors.co.uk/employment-questions-and-answers.html

JOB INTERVIEW Lead-in: https://www.youtube.com/watch?v=Aq6y3RO12UQ Heineken extreme job interview How to ask a candidate appropriately - taboos. Paraphrase these questions so that they are suitable for a job interview:

1) How old are you? Are you over the age of eighteen?

2) Do you have any disabilities? Are you able to perform the essential functions of the job for which

you are applying?

3) When did you graduate from high school? What schools have you attended?

4) What are your childcare arrangements? Are you able to work the hours required for this position?

5) What is your sexual orientation? UNACCEPTABLE

6) What is your maiden name? Have you ever been known by another name?

7) What political party do you support? UNACCEPTABLE You may not ask an interviewee about their

affiliations or political views. Asking about organizations or clubs which may assist in the performance of their duties

is acceptable.

8) I see you left your previous position due to a back injury. Do you have any current back problems that

would prevent you from performing your job?

9) Do you smoke? In the past, have you been disciplined for violating company policies

forbidding the use of tobacco products?

10) What religion are you? Are there specific times that you cannot work?

Job interview: http://www.uh.edu/human-resources/manager-toolbox/hiring/selection/interview-dos/

http://www.xeniumhr.com/blog/hiring-practices/interviewing-etiquette-for-employers/#.VL1THkeG-0I Pairwork - think up at least 6 questions relevant to the job description above. Work in groups of three - the person with the best CV is the candidate, the other two represent the company. Role-play a job interview and decide whether you take the candidate on. Created by the team of authors. VOCABULARY Union Vocabulary

Demonstration – an act of showing someone how something is used or done.

Reforms – an action, plan, rule, etc., that is meant to improve something.

Strike – a period of time when workers stop work in order to force an employer to agree to their demands.

Boycott – to refuse to buy, use, or participate in (something) as a way of protesting.

Employment Vocabulary

Employee – a person who works for another person or for a company for wages or a salary.

Employer – a person or company that has people who do work for wages or a salary : a person or company that has employees.

Worker – a person who does a particular job to earn money.

Apprentice – a person who learns a job or skill by working for a fixed period of time for someone who is very good at that job or skill.

Trainee – a person who is being trained for a job.

Intern – a student or recent graduate who works for a period of time at a job in order to get experience.

Full-time job – working the full number of hours considered normal or standard. Normally 8.

Part-time job – working or involving fewer hours than is considered normal or standard.

Shifts – the scheduled period of time during which a person works.

Overtime – time spent working at your job that is in addition to your normal working hours.

Flexitime – a system in which employees are required to work a certain number of hours but are allowed to choose their own times for starting and finishing work.

Occupation – the work that a person does : a person‘s job or profession.

Profession – a type of job that requires special education, training, or skill.

Earn your living – to get (money, a salary, etc.) for work that you have done.

To get a raise – to receive an increase in the amount of your pay.

Promotion – the act of promoting someone or something: such as a : the act of moving someone to a higher or more important position or rank in an organization.

Maternity leave – not going to work for a specific period of time since you have just given birth.

Salary – an amount of money that an employee is paid each year.

Wage – very similar to salary: an amount of money that a worker is paid based on the number of hours, days, etc., that are worked.

Unemployment Vocabulary

Period of notice – a statement telling someone that an agreement, job, etc., will end soon.

To be unemployed – to be without a job.

To be out of work – to be without a job.

To be on the dole – money that a government gives to people who do not have jobs or who are very poor.

To fire somebody – to dismiss (someone) from a job.

To sack somebody – to dismiss (someone) from a job.

To make somebody redundant – dismissed from a job because you are no longer needed.

To hand in one‘s notice – to give your boss a statement telling someone that an agreement, job, etc., will end soon.

To resign – to give up (a job or position) in a formal or official way.

To quit – to leave (a job, school, career, etc.).

Unemployment benefit – money that is paid by a company (such as an insurance company) or by a government when someone dies, becomes sick, stops working, etc.

(http://www.abaenglish.com/blog/english-vocabulary-work-and-employment/)

assessment Evaluation of one's abilities

background Education - qualifications - experience

bonus Additional payment to an employee as an incentive or reward

curriculum vitae Summary of one's education and experience to date; resume

dismiss Discharge from employment (to fire, to sack, to let go)

employee Person who works for a firm or company.

employer Person or firm who employs people.

fire To dismiss from a job.

fringe benefits Advantages offered in addition to salary (life insurance, retirement scheme, company car, etc.).

Also called 'perks', abbreviation for 'perquisites'.

hire Employ or take on personnel in a company.

interview Oral examination of a candidate for employment.

make redundant Dismiss for economic reasons.

maternity leave Period of absence for a female employee when having a baby.

notice Advance warning of intention to leave one's job -

to give or hand in one's resignation.

personnel People who work for a firm or company (employees).

personnel officer Manager responsible for recruitment, training and welfare of personnel (employees).

promotion Advancement in rank or position in a company.

prospects Opportunities for success or promotion in a career.

recruit Look for and hire personnel.

resign Leave a job voluntarily.

retire Leave employment because of age.

sick leave Absence because of illness - to be on sick leave.

staff People who work for a firm or department; employees.

strength Strong characteristic or particular ability.

strike To go on strike : to stop working in protest against something.

take on Employ or hire.

trainee Person being trained for a job e.g. a trainee salesman.

training course A course of study to prepare for a job e.g. a computer course.

unemployment benefits Payments made by the state to an unemployed person.

vacancy A position to be filled.

weakness A lack of ability or a shortcoming in character.

(http://www.learn-english-today.com/business-english/employment-vocabulary.html)


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