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Labour Law and Employment in Poland - Guide | Accace - Outsourcing and advisory services

Based on his observations over the year, the camp director chooses the volunteers he knows best and who can most easily perform the heaviest tasks around the camp, such as lifting canoes. This informal process tends to exclude racialized women and volunteers with disabilities. In the end, eight out of the 10 volunteers who are offered paid employment are young White men without disabilities.

Even if none of the volunteers was ever guaranteed a job, this process would likely infringe the Code. Employers must provide probationary employees with the same human rights protections as other employees, including accommodation, a healthy work environment and non-discriminatory discipline, up to and including termination. On starting the job, the employee requests, but is not provided with, accommodation for her disability.

Before the three-month period expires, the employee is fired because she did not perform as well as expected. Members of vocational associations, including unions, are protected from discrimination. An employer has a duty to prevent discrimination and harassment against clients, vendors, service-users, friends and family members of employees and other non-employees who may be visiting the workplace or affiliated with the workplace.

But it is the user-undertaking who instructs the temporary employee and subsequently supervises his performance. It shall be noted that unless regulated otherwise, the provisions of labour law concerning the employer and the employee apply accordingly to temporary work agency, temporary employee and user-undertakings. The only exception is the regulation related to group redundancies. The temporary work agency should agree with the user-undertaking in writing, at least on the following:.

The user-undertaking shall also inform the temporary work agency about the remuneration and its structure bonuses, fees, additional payments and also health and safety conditions. The temporary work agency may not assign the temporary employee with temporary work for a single user-undertaking for a total period of work exceeding 18 months within a period of 36 successive months. The user-undertaking can use the temporary employee for not more than 18 months within a period of 36 successive months.

There is an exception only in a situation when the temporary employee performs temporary work for the benefit of a given user-undertaking in a continuous manner, and the work includes performing the tasks of an absent worker of the user-undertaking.

In such a case the temporary work can be performed for maximum of 36 months. The break between the employment for the same user-undertaking shall last at least 36 months. The activity of temporary work agency is regulated by Polish state. In order to conduct such activity each entity should register in the employment Agencies Register kept by the marshal of the voivodship. In order to be registered as a temporary work agency the following conditions shall be fulfilled:.

The employment agency has an obligation to provide the marshal of the voivodship with a report on the activities of employment agencies — within January 31 st of each year for the preceding year — containing in particular the number of persons assigned to perform temporary work. Employee Capital Plans PPK is a voluntary pension saving system for all persons paying the social security contributions, regardless of the form of employment.

CDD (fixed-term contract)

This is a universal social program which aim is to increase the financial security of Poles. Funds accumulated in PPK by a participant will be paid to him after reaching the age of 60 the legislator introduced the same age for women and men in accordance with the principles of equal treatment in relation to voluntary pension schemes for employee. This payment will be divided into one-off payment and the other parts paid for the period of 10 years in monthly installments.

The participation in PPK is voluntary. An employee will be automatically assigned to PPK, however they will be able to resign from paying the contributions based on their written declaration. In accordance with the adopted Act, the obligation to create a PPK will be spread over time and will depend on the number of people employed in the entity:. Locations in other countries globally are covered via a community of our trusted partners, Accace Circle, that provides unified, expert services and streamlined processes under one account management and shared online platform.

Accace Circle has international reach yet provides local expertise, while keeping a consistent level of service quality and business standards across borders. Please visit: www. Notice: JavaScript is required for this content. Skip to content Skip to primary sidebar Skip to footer Email: accace accace. Employment contract types There are three types of employment agreements in Poland: employment agreement for the trial period employment agreement for definite period employment agreement for indefinite period The agreement for the trial period can be concluded for a maximum of 3 months.

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Non-EU residents Foreigners to perform work in Poland have to obtain a work permit. Notice period The employment agreements can be terminated by notice given by each party. In case of agreements for trial period, the periods of termination notice are: 3 business days if the trial period does not exceed 2 weeks 1 week if the trial period is longer than 2 weeks 2 weeks if the trial period is 3 months.

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General requirements Working time in Poland should not exceed 8 hours per day and an average of 40 hours per an average five-day working week. Paid leave An employee is entitled to an annual, paid vacation leave amounting to 20 days — if an employee has been employed for less than 10 years, or to 26 days if an employee has been employed for at least 10 years. Graduating from the following schools means the following periods are counted into the employment of period on which the length of leave is based: basic or other equivalent vocational school — the duration of the education provided for by the syllabus, but not more than 3 years secondary vocational school — the duration of the education provided for by the syllabus, but not more than 5 years secondary vocational school for graduates of basic equivalent vocational schools — 5 years middle comprehensive school — 4 years post-comprehensive school — 6 years school of higher education — 8 years The periods of education cannot be aggregated.

In the event of changing the employer during the year, the employee is entitled to paid leave as follows: with current employer — in an amount proportional to the period worked at this employer in the calendar year in which employment relationship ends, unless the employee has already used up or exceeded the leave he is entitled to with new employer — in the amount: proportional to the time remaining until the end of the calendar year — if the employee is employed for a period not shorter than up to the end of the calendar year, or proportional to the employment period in the calendar year — if the employee is employed for a period shorter than up to the end of the calendar year An employee who has exceeded the leave he is entitled to during employment with the prior employer , is entitled to leave with the new employer in an appropriately reduced amount.

Unpaid leave At the written request of an employee, the employer in Poland can grant unpaid leave to the employee. General aspects According to Polish law, temporary work shall be understood as: seasonal, periodic, or casual work; or work that the employees of the user-undertaking would not be able to perform on time; or work that falls within the scope of duties of an employee of the user-undertaking who is absent.

The distribution or share of non-standard employment by industry in descending order for is:.

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We now turn to consider in detail some specific aspects of non-standard employment and their characteristics in Ontario. It has long been the case that the standard five-day work week and permanent 35 to 40 hour job is not as common as it once was. For many years, businesses have been expected to be open longer and sometimes around the clock as they have to meet the demand for goods and services. Employers need part-time workers to staff business that have peaks and valleys of demand for goods and services. Part-time work is often sought by those who need to balance work with family responsibilities, or students going to school or older workers who want to remain active labour force participants or may not have enough money to live comfortably in retirement.

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Part-time work is highly concentrated in the retail trades and accommodation and food services industries. There are now many more women in the workplace and work-life balance issues are of great importance especially to those with child and family responsibilities.


While this affects many men as well, women comprise two-thirds of the part-time workforce and are therefore disproportionately affected by any negative impacts that arise from part-time work and scheduling issues. This wage difference does not take into account that health and other benefits which are mostly non-taxable compensation , that are often not available to part-time employees where they are available to full-time employees in the same establishment.

The dramatic inequality in rates of pay between full-time and part-time employees, especially when they do similar work in the same establishment, together with the lack of benefits available to part-timers have also created policy issues that we have considered in Chapter 7. There is tension between the employer need for flexibility and the employee need for predictability, including those having to work on-call or who are subject to last minute changes in work schedules. We have also considered these issues and the need of employees to be able to move more easily from one status to another in Chapter 7.

The share of temporary employment in Ontario in was Additional calculations were made by the Ontario Ministry of Finance based on data from the General Social Survey of Temporary employment, including limited-term contracts, has been the fastest growing component of non-standard employment, expanding at an annual rate of 3. Issues have been raised around the insecurity of limited-term contracts.

Sometimes there is no issue regarding renewal because the contracts are genuinely for short duration, as in the case of a single project. Often, they are renewed sometimes automatically or consistently over many years so that they appear to be almost permanent. Nevertheless, in many situations there is uncertainty and anxiety about whether there will be renewal, and in some professions and disciplines, permanent employment with the salaries, benefits, and security that come with it seems remote and impossible to attain.

We discuss this in Chapter 7. Over the last twenty or more years in Ontario, temporary help agencies which provide staffing services and assignment workers to clients have become ubiquitous, giving rise to a host of concerns, among them the phenomenon of perma-temps, and sometimes even situations where the entire workforce of a particular business is composed of temporary assignment workers. There have been concerns identified over the economic incentives for clients to use temporary workers for more dangerous work, and the lack of meaningful requirements to reintegrate those injured workers into the workplace.

Indeed, this category of workers is part of an inherently insecure triangular relationship between agencies, clients and the assignment workers where they generally receive lower pay than others performing the same work, face immediate removal from the workplace, and constant uncertainty. Although Ontario made legislative changes in to regulate temporary help agencies, important issues and problems remain and we have addressed this in Chapter 7.

There has always been a segment of the work force that has provided their services on a casual basis, and issues of pay and scheduling are raised for this group as they are for part-timers. Also, there has always been a part of the workforce that works on a seasonal basis in certain industries such as construction and agriculture where precarious work and vulnerable workers are often found.

Finally, there are also workers holding multiple jobs, often because their main job does not pay sufficient wages. The number of multiple job holders accounts for about 5.

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Women are more likely than men to be in multiple jobs There are two categories of self-employment, one category of workers who have their own paid help and the other category where the person has no paid help. The entire category grew from Self-employment with paid help has been fairly constant over the full period, increasing slightly from 4. The self-employed without paid help category includes unpaid family workers.

Solo self-employment is classified as non-standard employment; self-employment with paid help is categorized as standard employment. Some of this growth is genuinely a result of entrepreneurial efforts by persons who start small business and employ others, while many are genuine entrepreneurial efforts by solo consultants and freelancers. Some of the growth in self-employment is tied to the growth in project work, or to a growth in technological expertise by individuals who can provide their specialized services to many businesses.

Some of the growth is the result of the fact that many employers do not want to make permanent commitments to employees. Some of the growth is the result of cyclical tough economic times and represents for many of the self-employed a poor second choice reflecting the absence of good employment opportunities. Some of the growth also represents a natural change in practices in some industries where people can now work online at home, and freelance. Many think this type of independent work will continue to grow substantially through the gig economy and new and expanding peer-to-peer platforms.

In contrast, some of the growth in self-employment is the result of deliberate misclassification by businesses that do not wish to incur liability for employees and wish to shed liability for mandatory deductions and contributions to public pensions, employment insurance, and workers compensation schemes, together with shedding responsibility for employment standards such as maternity and parental leaves. Also, some of the growth is from a genuine desire by the providers of the service to get tax advantages that might not be available if they operated as employees, despite the fact that the dependency inherent in the relationship makes the providers of the service much closer to being employees than to being really in business for themselves.

Some of this growth is highly controversial with changes in industry practice such as the change from employed taxi drivers to allegedly independent providers who provide services to Uber. Expected long tenure with one employer may be high for incumbent older workers, but many new entrants to the workforce cannot expect to have lifetime long-tenured jobs and a semblance of job stability with the same, often unionized, employer as did earlier generations. Younger workers can expect to start off in limited-term contracts or in internships sometimes unpaid , or self-employment, and can expect to change careers often working for different employers.

The Ministry of Labour advances safe, fair and harmonious workplace practices that are essential to the social and economic well-being of the people of Ontario.

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