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1880 results in Employment Law

Page 55 of 94

  • 2 - Education and Training

  • Susan Bisom-Rapp, Malcolm Sargeant, Middlesex University, London
  • Book:
    Lifetime Disadvantage, Discrimination and the Gendered Workforce
    Published online:
    13 October 2016
    Print publication:
    20 October 2016, pp 19-32

  • Summary

    Our model begins with a focus on the foundational experiences of girls and young women, which may decisively and negatively impact their career trajectories and earning potential. Whilst education and training is an area where there have been global advances, significant gender-based deficiencies remain. In the developing world, significant obstacles to educational access are experienced by many children, especially girls. In contrast, in developed countries, girls and young women are failing in large numbers to train for traditionally male-dominated and lucrative careers in the science, technology, engineering, and mathematical fields. By focusing on outcomes, and accounting for the causal aspects of educational gender disparities – the role of families, schools, and the societal norms – policymakers may begin to craft more effective solutions for the challenges that remain.

  • 5 - Glass Ceilings and Pay Inequality

  • Susan Bisom-Rapp, Malcolm Sargeant, Middlesex University, London
  • Book:
    Lifetime Disadvantage, Discrimination and the Gendered Workforce
    Published online:
    13 October 2016
    Print publication:
    20 October 2016, pp 102-130

  • Summary

    The concern in this chapter is, first, the limits placed upon women in their career development as a result of stereotyping, prejudice, and discrimination. We look at the ideas around the so-called glass ceiling for women and the possible means of overcoming this by looking at different country approaches to the issue of having a quota system. We also consider the linked issue of unequal pay and consider why the gender pay gap and the maternity pay gap continue in all countries. The gender pay gap exists in most countries and women tend to predominate in low-pay sectors or occupations. Amongst the reasons given are that women and men work in sex-segregated occupations, reward mechanisms affect female and male workers differently, women’s skills and work are undervalued, few women occupy leadership positions either in policymaking or in the labour force, gender roles and traditions shape educational choices and working patterns, women on average carry greater family responsibilities and so work fewer hours than men, and women are the victims of discrimination.

  • 4 - Caregiving and Career Outcomes

  • Susan Bisom-Rapp, Malcolm Sargeant, Middlesex University, London
  • Book:
    Lifetime Disadvantage, Discrimination and the Gendered Workforce
    Published online:
    13 October 2016
    Print publication:
    20 October 2016, pp 60-101

  • Summary

    There is a historical assumption that it is women who have the dominant role in caring for children, the disabled, and the infirm, and certainly this is supported by statistics. Women are much more likely to be in unpaid and economically unvalued work compared to men. This includes a greater likelihood of taking on caring responsibilities. Women are more likely than men to take on these caregiving roles, and this chapter is concerned with looking at the picture when caregiving is given to the young, the elderly, and the infirm. We consider who gives this care and what the effect on careers and income can be and then examine some of the piecemeal legal responses available in the contrasting jurisdictions of the United Kingdom and the United States.

  • 3 - Stereotyping and Multiple Discrimination

  • Susan Bisom-Rapp, Malcolm Sargeant, Middlesex University, London
  • Book:
    Lifetime Disadvantage, Discrimination and the Gendered Workforce
    Published online:
    13 October 2016
    Print publication:
    20 October 2016, pp 33-59

  • Summary

    Here we are concerned with gender and age discrimination and stereotyping. Gender stereotypes are the result of assumed male and female characteristics which influence not only people in choosing and developing their careers but also those that make decisions affecting male and female employees. Older age is also full of negative stereotyping, and there is some evidence that women suffer further disadvantages by being perceived to age earlier than men and being more likely to be affected by prejudice based on appearance rather than ability. We also consider what is meant by multiple discrimination and what the cumulative effect of being the subject of age and gender discrimination is.

  • 8 - Beyond Lifetime Disadvantage

  • Susan Bisom-Rapp, Malcolm Sargeant, Middlesex University, London
  • Book:
    Lifetime Disadvantage, Discrimination and the Gendered Workforce
    Published online:
    13 October 2016
    Print publication:
    20 October 2016, pp 190-209

  • Summary

    Women’s lifetime disadvantage is illustrated by the model set forth in this book. In the United Kingdom and the United States, legal and policy efforts to address the issues associated with the model’s ten factors have proven anaemic at best. We have argued that these shortfalls are the result of law and policymaking that is characterised by disjointed incrementalism, and that fails to be anchored to overarching goals. In this final chapter, we consider how our countries might transcend and vanquish lifetime disadvantage. To this end, we look at theory in two ways. First, theory may assist us in understanding the problems girls and women confront. Second, theory might serve to catalyse legal and policy reform. In thinking about why working women experience disadvantage, we briefly examine rationalist economics, sociological approaches, and comparative institutional approaches to understanding women’s pay gap with men. We then consider vulnerability theory in order to demonstrate how one might ground a holistic and life course approach to the problem of women’s poverty in retirement with a theory designed to enhance work life for all.

Lifetime Disadvantage, Discrimination and the Gendered Workforce
  • Susan Bisom-Rapp, Malcolm Sargeant
  • Published online:
    13 October 2016
    Print publication:
    20 October 2016
  • Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labour force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards eliminating women's discrimination and disadvantage is required before true gender equality can be achieved. Using the concept of resilience from vulnerability theory, the authors advocate a reconfigured workplace that acknowledges yet transcends gender.

  • Chapter 3 - Conditions of Validity

  • from II - CONCLUDING THE CONTRACT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 23-26

  • Summary

    SECTION 1. COMPETENCE

    MINORS

    A minor – i.e. anyone who has not reached the age of 18 – lacks the legal capacity to conclude a contract of employment on his/her own. He/she must obtain the explicit or tacit permission from his/her father, mother or guardian. Failing this permission or in the event of refusal, the juvenile court may grant authority at the request of the public prosecutor or a relative. A father, mother or guardian will be heard or summoned prior to this.

    MARRIED PERSONS

    Article 216 of the Civil Code gives each spouse the right to exert a profession without the approval of the other spouse.

    However, if a spouse is of the opinion that this causes serious damage to his/ her moral or material interests or to those of minor children he/she has the right to appeal to the Court of First Instance, and in urgent cases to the President of this court.

    The court may make the professional activity dependent on a preliminary change of the marriage settlement of the spouses, for instance, when the chosen activity is financially risky for a partner.

    GUARDIANSHIP

    An adult who, because of his/her health is incapable, either fully or partially, whether or not temporarily, of defending his/her interests without assistance or other protective measures, can be placed under protection, if and to the extent the protection of his/her interests requires this. This means that in certain cases after a decision by the Justice of the Peace a person can only conclude an employment contract after authorisation or assistance by a guardian and this under penalty of nullity.

    SECTION 2. VALID CONSENT

    Error, deceit and violence may affect the validity of the permission. In such cases the general principles of contract law are applied.

    ERROR

    Error may be invoked to ask for the annulment of the contract. In labour law matters error with regard to the cause of the agreement or the nature of the job hardly ever occurs except for errors concerning the capacities of the persons recruited.

    Nonetheless, the judge will not be inclined to accept error invoked by the employer since the latter has enough means at his disposal to test the capacities and qualifications of the persons before proceeding to recruitment.

  • Chapter 2 - The Right to Organise

  • from I - FREEDOM OF ASSOCIATION
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 179-180

  • Summary

    SECTION 1. ARTICLE 27 OF THE CONSTITUTION

    Article 27 of the Constitution provides that citizens have the right to enter into an association or partnership; this right cannot be subject to any preventative measures. In principle, it covers all social activities provided they do not breach public order and/or morality, and therefore also covers the right to set up a union or professional association.

    SECTION 2. THE FREEDOM OF ASSOCIATION ACT OF 24 MAY 1921

    The Freedom of Association Act of 24 May 1921 governs, firstly, the protection of the freedom of association, and secondly, the consequences of joining an association. Although general in scope and not confined to the right to set up a union, it is clear that the legislature of 1921 sought to recognise and regulate this freedom.

    The law guarantees both positive and negative freedom of association.

    Positive freedom of association grants persons the right to set up and join a professional association (Articles 1, 2 and 3). Negative freedom of association is a person's right not to join a professional association (Articles 1, 3 and 4).

    The principle that no one can be forced to join an association is a public order issue. The contracting parties cannot relinquish this right, either by individual or by collective consensus.

    Any individual or collective agreement containing a clause breaching this principle is regarded as void.

    In addition, the legislature imposed a penalty under criminal law for violating freedom of association, in this case the right to join a union.

    Any person found guilty of forcing people to join, or preventing them from joining an association through acts of violence, threats or assault, or by threatening them with dismissal or damage to their family, person or assets (Article 3), is punishable by prison sentences of eight days to one month and a fine of € 50 to € 500. The same penalty is imposed on all those who maliciously and purposefully violate the freedom of association by subjecting the conclusion, execution or continued existence of an employment or service contract to affiliation or non affiliation of a professional association (Article 4).

  • Chapter 5 - Types of Employment Contracts

  • from II - CONCLUDING THE CONTRACT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 29-38

  • Summary

    Employment contracts can be subdivided on the basis of three criteria:

  • - the period for which the agreement is concluded;

  • - the specification of the work to be carried out;

  • - the nature of the work or the qualification of the person who has to carry it out.

    • Furthermore, there are also replacement contracts and employment contracts for part-time work.

    SECTION 1. PERIOD FOR WHICH THE EMPLOYMENT CONTRACT IS CONCLUDED

    GENERAL

    Depending on the period for which the employment contract was concluded a distinction can be made between contracts for a fixed period and employment contracts for an indefinite period.

    In the context of an open-ended employment contract no time limit is set. In principle both parties can terminate the agreement subject to the legal provisions.

    The essence of a fixed-term employment contract is that the parties lay down the length of the agreement beforehand. The contract automatically ends on the expiry date, i.e. the date or the day specified by the parties at the moment the contract was concluded. In principle, neither the employee nor the employer may unilaterally terminate a fixed-term employment contract before the term has expired.

    In implementation of Directive 1999/70/EC fixed-term contract workers may not be treated less favourably than comparable permanent workers.

    CONSECUTIVE FIXED-TERM EMPLOYMENT CONTRACTS

    Employment contract law provides more guarantees in terms of job security to open-ended contracts than to fixed-term contracts. For instance, the provisions with regard to suspension and termination of the contract are, as a rule, more favourable to employees with open-ended contracts. As a result, in the past employers sometimes resorted to a practice which consisted of concluding consecutive fixed-term contracts, instead of concluding one open-ended contract.

    The legislator has tried to remedy this shortcoming by adding a provision in this respect to the Employment Contract Act, more specifically, Article 10 Employment Contract Act.

    When parties have concluded several consecutive fixed-term employment contracts without there having been an interruption caused by the employee, they are considered to have concluded an open-ended contract; except when the employer proves that these contracts were justified because of the nature of the job or because of another legitimate reason.

  • Chapter 2 - Liability

  • from III - EMPLOYMENT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 57-60

  • Summary

    SECTION 1. THE (EXTRA-)CONTRACTUAL LIABILITY OF THE EMPLOYEE VIS-A-VIS THE EMPLOYER

    CONTRACTUAL LIABILITY

    Article 18 Employment Contract Act states in its first and second paragraphs that the employee is liable to the employer and a third party for gross errors, deceit and minor errors occurring frequently rather than occasionally. In the third paragraph of the same provision the principle is upheld that deviations from the legal liability rule are invalid except when these occur by means of a generally binding collective agreement. However, this kind of deviation may only relate to the employee-employer relationship.

    The last paragraph of Article 18 Employment Contract Act states that the compensations and damages to be paid by the employee to the employer as a result of an agreement with the employer or as a result of a judicial decision may only be deducted from the wages by the employer in accordance with the terms of the Wage Protection Act.

    The first requirement for the application of the liability restriction is that this concerns employees. So the rule only relates to the liability of the employee in respect of the employer, and not the other way round.

    The employee's liability is only limited when he/she commits an error in the implementation of the employment contract, i.e. insofar as he/she finds himself/ herself under the authority of the employer. Article 18 Employment Contract Act cannot be applied when the court holds that the facts show that the employee did not find himself/herself under the authority of an employer at the time the mistake was made. In the latter case the liability is judged on the basis of the principles of ordinary law.

    Gross error, deceit, frequently occurring minor error: the legislator has limited the employee's liability to gross error, deceit or intentional error and the frequently occurring minor error.

    Intentional error is usually defined as a fault committed to cause damage. According to a different view an intentional error is the conscious and intentional non-observance of a contractual obligation or a non-contractual generally applicable norm. Common to both views is the presence of an intentional element.

Page 55 of 94