1. Unit 19 Employment Law Snježana Husinec, PhD shusinec@pravo.hr

2. Employment law What do you think employment law regulates?
What is its main aim?
What kind of dangers could employees be exposed to in an employment relationship?
What is the difference between Employment law and Labor law?

3. Employment law
EMPLOYMENT LAW regulates the rights and obligations between employers and employees:
During the recruitment (eg. drawing up employment contracts)
During employment (eg. resolving disputes)
At the end of employment (eg. dismissing employees)
LABOR LAW deals with relations between employers and trade unions.
What employee rights do you think should be guaranteed by law?

4. Forms of employment What forms of employment can you think of?
Full-time employment
Part-time employment
Casual employment
Fixed term employment
Temporary employment
Agency employment
Apprenticeship
Seasonal employment

5. Legal Regulation of Employment
Read the introductory paragraph to the text and find the sources of employment law in Britain mentioned in it.
___________________________________
What statutory rights are guaranteed to British workers?
a) ______________________________ b) _____________________________
c) ______________________________ d) ______________________________
e) ______________________________

6. AGENCY WORK Who is an agency worker?
An AGENCY WORKER holds a contract with an agency, but works temporarily for an employer (may also be called a temp). His work is controlled by the employer.
The agency is responsible for
paying the workers they send to a company (they charge the company a set amount per hour from which they take a percentage)
collecting taxes from the temporary worker’s pay

7. Employment contract Discuss the following questions with a partner:
What should an employment contract regulate?
Why is the statutory protection of employees necessary? What should it include?
Who/What are the contents of an employment contract determined by?
Which conditions of employment should it include?
Check your answers in the part of the text entitled ¨Employment contract¨.

8. Employment particulars
An employer must give employees a ‘written statement of employment particulars’ if their employment contract lasts at least a month or more. This isn’t an employment contract, but will include the main conditions of employment.
The document usually called 'principal statement' must contain the following information:
employee’s name and the employer's name; - job title or a brief job description
commencement of employment; remuneration details (pay rate and working
holiday entitlement / annual leave hours; when pay will be received)
sick leave and sich pay arrangements; notice periods
pensions and pension schemes place of work
information about disciplinary and grievance procedures
any collective agreements that affect your employment terms or conditions
for a temporary employee how long the employment is expected to continue, or for a fixed term worker the date when employment will end

9. End of employment
What different causes of termination of employment can you think of? Check your answers in the section of the text entitled ¨End of employment¨.
___________________________

10. End of employment What do you understand by the following terms:
Reduncancy
Summary dismissal
Unfair / wrongful dismissal
Constructive dismissal
Resignation
Do ex. V on p Consult the text on p.189.
Match the English terms with their Croatian equivalents:
otkaz; napuštanje radnog mjesta zbog prisile; izvanredni otkaz; protupravno otpuštanje; otpuštanje zbog viška radne snage

11. Employment disputes I Discuss the following questions with a partner?
What might cause an employment dispute?
How can it be resolved?
II Read the section of the text entitled ¨Employment disputes¨ and put the steps in the employment dispute resolution in the right order:
1. An alternative dispute resolution procedure (ADR)
2. An appeal heard by the Court of Appeal
3. An informal discussion in good faith
4. A lawsuit before a county court or an employment tribunal
5. An appeal heard by the Enployment Appeals Tribunal (EAT)
6. A formal procedure for handling grievances and disciplinary procedure

12. Employment disputes III Find the answers to the following questions.
What is the difference between internal and external methods of employment dispute resolution?
What are the judicial instances for the resolution of employment disputes?
What legal remedies are available?
Do ex. IV and VI.

13. Vocalubary practice – Find the Croatian equivalents for the following English terms and expressions.
Comprehensive labour codes
The right to equal pay for like work
The right to sick and parental leave
To provide minimum statutory protection
Employment contract termination
Negotiations between the employer and the trade union
particulars of employment
Remuneration
Holiday entitlement
Pension schemes
Termination of employment
Expiration of a fixed-term contract
To make a redundancy payment
To dismiss summarily
Alternative dispute resolution (ADR)
To bring a claim before an employment tribunal

14. Vocabulary practice - Key
1. opširni zakoni o radu 2. pravo na jednaku plaću za jednaki posao 3. pravo na bolovanje i porodiljni dopust 4. osigurati minimalnu zakonsku zaštitu 5. raskid ugovora o radu 6. pregovori između poslodavca i sindikata 7. podaci o zaposlenju 8. naknada za rad 9. pravo na godišnji odmor 10. mirovinski fond 11. raskid / prestanak radnog odnosa 12. istek ugovora na određeno vrijeme 13. dati otpremninu u slučaju otpuštanja zbog viška radne snage 14. dati izvanredni otkaz ugovora o radu 16. alternativno rješavanje spora 15. podići tužbu pred sudom za radne sporove

15. Discrimination in the Workplace
How would you define discirmination?
Can you give some examples of discriminatory behaviour in your environment?
Is it important for a country to have anti-discrimination laws?
DISCRIMINATION = the unjust or prejudicial treatment of different
categories of people, especially on the grounds of
race, age, sex, or disability.

16. Discrimination in the Workplace
Do you think that unequal treatment of employees can sometimes be justified?
Which special conditions can lead to such treatment?
Read the text and do ex. II.
What is a protected characteristic?
What do the following types of prohibited conduct stand for?
direct discrimination
indirect discrimination
perceptive discrimination
associative discrimination
harrasment
victimisation
Do ex. III.