Legal and Justice Book

Archive for the ‘Employment Law’ Category

With great fanfare Labour Minister Rafael Pardo has come to tell the country the success of the First Employment Act. Before the day of the innocent, and that took care, announced it had “some 400 000 young people benefited from employment law first.” According to the Ministry of Labour, through September, nearly 400 000 young people have been hired by 44 035 companies have taken advantage of the incentives given by law.

It was definitely a tough response to the article by Stefano Farne who questioned the effectiveness of the new law Note especially, the Report of the Observatory which directs how these partial measures do not address the complexity really Colombian labor market, have allowed “a rise of legal concepts, such as corporations simplified temporary service companies and union contracts, which have the same purposes that cooperatives work that seeks to eliminate to reduce labor costs for employers.

According to the analysis of Fern, based on official figures, “after nine months of implementation of the 1429 Act in late August 2011, there were only 1584 new small businesses that had applied to pay with gradual fiscal contributions for its 11 599 workers. “Nothing to do with advertising MinPardo 400 000. Farne continues, “These disappointing results are confirmed by another source, as recorded by the latest available household surveys, national informality rate was 65.7 percent in 2010 and remained at 65.6 percent in 2011. “In other words, the Law no avail.

The Labour Market Observatory of the exterior of Colombia is a highly recognized and specialized in labor market analysis in Colombia. Recognizes that the conditions are to register progress in terms of employment and better pay, thanks to the good performance of the economy and slow recovery but anyway, in sectors such as rural, and especially the construction industry. But Brown can not be accelerated to attribute these benefits to a law without regard to the principle of Colombia, made the law has a loophole.

What did the entrepreneurs to obtain such results MoT? Subtly, Fern suggests. It calls for greater vigilance and control by the state to trap and not be ready, fracturing companies, doubling employment and other practices already used in other circumstances. Read the rest of this entry »

The year 2011 began with the entry into force of a law that seemed to put a slab more about the hotel. The so-called anti-smoking law banning smoking in enclosed public, among other places. Less-client-smokers, less consumption, less income, less work is done by the hoteliers association, focusing on a purely business.

However, according to Social Security data, members in the hospitality sector in the general scheme in November is 931,975, 7.22% less than in October, but 1.55% more (14,261 workers) in November 2010. For self-employed, 320,212 members, fell 1.22% over the last month and 0.11% (342 people) compared to the penultimate month of 2010.

Yet a year later, the Spanish Federation of Hospitality (FEHR) still rates as developed by Health and approved by the House of Representatives as “negative.” Said José Luis Guerra, Assistant to the President of the FEHR, who is not convinced that there was public health impact, as they have dropped the number of smokers. What does certification is the fall of the business.

The employment impact of the Sanitary Act against smoking (. Pdf), one of the obvious consequences for hoteliers, has been tempered, according to Jose Luis Guerra, for one year in the benign climate, which has allowed to extend until the arrival of winter life of the terraces, a link between the bar and the street, where smoking outdoors.
Small businesses do not want to lose your license

Guerra admitted that the economic crisis also blurs the direct translation of falling consumption in bars, restaurants and cafes and “the impact of the complete prohibition and radical” which involved the smoking ban. But he says that damage to the industry are even higher than they reflect the number of people who have lost their jobs because small businesses, which have suffered most claims remain open “tooth and nail.”

They are autonomous without unemployment coverage, you must continue to pay their premises and can not afford to lose your license. The profile is plotted in FEHR. “Until the bank does not take them, there will be because most debris is to take the blind,” said Guerra. Read the rest of this entry »

Federal and state laws help protect employees with pervasive and short-term disabilities. Short-term disability employment laws provide an employee with a percentage of his regular salary while on leave. In addition, certain laws secure job protection for employees needing disability leave.

Family and Medical Leave Law

Individuals receive short-term disability protection from the Family and Medical Leave Act. Passed in 1993, FMLA provides 12 weeks of unpaid leave for individuals with long-term or short-term disabilities.

According to the U.S. Department of Labor, FMLA ensures job and salary protection for individuals who work for companies with 50 or more employees.

Short-Term Disability and Title VII

Under Title VII, the Pregnancy Discrimination Act, employers must treat pregnancy and other related conditions in the same manner as other temporary or short-term disabilities. An employer must provide equal time for leave and reinstate an employee’s job upon return.

Americans With Disabilities Act

The Americans with Disability Act offers protection for disabled individuals by prohibiting disability discrimination and encouraging employment opportunities for people with short-term or long-term disabilities.

According to the U.S. Equal Employment Commission, a covered employee under ADA with a short-term or long-term medical condition can work part-time or receive reduced hours to accommodate her disability.

Considerations

Short-term disability leave laws vary according to the state. Usually, an employee will begin receiving benefits after a one-week absence. Some employees may require a worker to exhaust sick leave before receiving disability benefits.

States like California offer at least 52 weeks for short-term disability (i.e., salary) for eligible employees.