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In French Labour Law a Dismissal is the breach of the employment contract by the employer. French Labour Law stipulates that an employment contract can be terminated by either of the parties. [1] The 2008 reform of Labour Law introduced the possibility of a negotiated termination (voluntary termination of employment).
In France the following types of dismissal are possible: Dismissal for economic reasons (redundancy) - the dismissed person may not be replaced. This type of dismissal can occur for the following reasons:
Dismissal linked to the employee - an employee dismissed will be replaced by another employee. This covers the following areas:
Statutory compensation is the legally binding minimum and may be replaced by a higher amount agreed between the employer and the employee representatives under a collective agreement. Employees who have held a position for more than 12 months are entitled to compensation for redundancy & dismissal (except if they have been dismissed for Gross Misconduct). [2]
The amount of compensation is one-fifth of the monthly salary (4.5 days), excluding one-time bonuses, per year of employment up to 10 years, 2⁄15 per year thereafter. For example, a worker with a monthly salary of €1000 in his fifth year of employment would receive €1000 compensation.
This replaces the statutory minimum if it exists. It is tax-free and no payroll tax applies.
An employment tribunal can overturn a dismissal or redundancy. If you win your case, the tribunal can order the employer to do any of the following:
The amount of compensation can depend on the number of employees in the company and their length of service and salary.
The following employees are afforded special protection immediately prior to, during and after (up to 12 months) their mandate.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum set of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £10.42 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal.
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part (resignation), or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually thought to be the employee's fault, whereas a layoff is generally done for business reasons outside the employee's performance.
In United Kingdom law, the concept of wrongful dismissal refers exclusively to dismissal contrary to the contract of employment, which effectively means premature termination, either due to insufficient notice or lack of grounds. Although wrongful dismissal is usually associated with lack of notice sometimes it can also be caused by arbitrary dismissal where no notice was required but certain grounds were specified in the contract as being the only ones available but none existed.
Unfair dismissal in the United Kingdom is the part of UK labour law that requires fair, just and reasonable treatment by employers in cases where a person's job could be terminated. The Employment Rights Act 1996 regulates this by saying that employees are entitled to a fair reason before being dismissed, based on their capability to do the job, their conduct, whether their position is economically redundant, on grounds of a statute, or some other substantial reason. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for becoming pregnant, or for having previously asserted certain specified employment rights. Otherwise, an employee must have worked for two years. This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason.
This article gives detailed information on the employment situation in Hong Kong.
The Transfer of Undertakings Regulations 2006 known colloquially as TUPE and pronounced TU-pee, are the United Kingdom's implementation of the European Union Transfer of Undertakings Directive. It is an important part of UK labour law, protecting employees whose business is being transferred to another business. The 2006 regulations replace the old 1981 regulations which implemented the original Directive. The law has been amended in 2014 and 2018, and various provisions within the 2006 Regulations have altered.
A severance package is pay and benefits that employees may be entitled to receive when they leave employment at a company unwillfully. In addition to their remaining regular pay, it may include some of the following:
In United Kingdom labour law, payment in lieu of notice, or PILON, is a payment made to employees by an employer for a notice period that they have been told by the employer that they do not have to work. Even employees dismissed for gross misconduct are entitled to be paid their notice period and any statutory leave they have accumulated.
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
The New Zealand Employment Relations Act 2000 is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations Amendment Act 2001 and by the ERAA 2004.
Johnson v Unisys Limited [2001] UKHL 13 is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment.
Williams v Compair Maxam Ltd [1982] ICR 156 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
Buchan and Ivey v Secretary of State for Trade and Industry [1997] IRLR 80 is a UK insolvency law and labour law case, concerning the protection of employees' salaries on their employer's insolvency.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction.
Edwards v Chesterfield Royal Hospital NHS Foundation Trust and Botham v Ministry of Defence[2011] UKSC 58 is a UK labour law case, concerning wrongful dismissal.
Labour law regulates the legal relationship in Bulgaria between individual workers and employees as well as between coalitions and representative bodies.
