Docentes 2017 - Unidad 11
Docentes 2017 - Unidad 11
Docentes 2017 - Unidad 11
LECTOCOMPRENSIÓN
– INGLÉS
MATERIAL DIDÁCTICO
DOCENTES
UNIDAD 11
DEPARTAMENTO DE IDIOMAS
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UNIDAD 11:
DERECHO LABORAL
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ÍNDICE DE CONTENIDOS
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TEXTO 1: Disability Discrimination
Fuente: https://www.eeoc.gov/laws/types/disability.cfm
Disability Discrimination
Disability discrimination occurs when an employer or other entity covered by the
Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended,
treats a qualified individual with a disability who is an employee or applicant
unfavorably because she has a disability.
Disability discrimination also occurs when a covered employer or other entity treats an
applicant or employee less favorably because she has a history of a disability (such as
cancer that is controlled or in remission) or because she is believed to have a physical
or mental impairment that is not transitory (lasting or expected to last six months or
less) and minor (even if she does not have such an impairment).
The law also protects people from discrimination based on their relationship with a
person with a disability (even if they do not themselves have a disability). For example,
it is illegal to discriminate against an employee because her husband has a disability.
Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of
the Americans with Disabilities Act. The protections are mostly the same.
Harassment can include, for example, offensive remarks about a person's disability.
Although the law doesn't prohibit simple teasing, offhand comments, or isolated
incidents that aren't very serious, harassment is illegal when it is so frequent or severe
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that it creates a hostile or offensive work environment or when it results in an adverse
employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker,
or someone who is not an employee of the employer, such as a client or customer.
A reasonable accommodation is any change in the work environment (or in the way
things are usually done) to help a person with a disability apply for a job, perform the
duties of a job, or enjoy the benefits and privileges of employment.
Undue hardship means that the accommodation would be too difficult or too
expensive to provide, in light of the employer's size, financial resources, and the needs
of the business. An employer may not refuse to provide an accommodation just
because it involves some cost. An employer does not have to provide the exact
accommodation the employee or job applicant wants. If more than one accommodation
works, the employer may choose which one to provide.
Definition of Disability
Not everyone with a medical condition is protected by the law. In order to be
protected, a person must be qualified for the job and have a disability as defined by the
law.
A person can show that he or she has a disability in one of three ways:
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A person may be disabled if he or she has a physical or mental condition that
substantially limits a major life activity (such as walking, talking, seeing, hearing, or
learning).
A person may be disabled if he or she has a history of a disability (such as cancer that is
in remission).
For example, an employer may not ask a job applicant to answer medical questions or
take a medical exam before extending a job offer. An employer also may not ask job
applicants if they have a disability (or about the nature of an obvious disability). An
employer may ask job applicants whether they can perform the job and how they
would perform the job, with or without a reasonable accommodation.
Disability & Medical Exams for Persons Who Have Started Working as
Employees
Once a person is hired and has started work, an employer generally can only ask
medical questions or require a medical exam if the employer needs medical
documentation to support an employee's request for an accommodation or if the
employer believes that an employee is not able to perform a job successfully or safely
because of a medical condition.
The law also requires that employers keep all medical records and information
confidential and in separate medical files.
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Actividades:
1) Descubra puntos de similitud y diferencia respecto de nuestra
legislación laboral. Represéntelo a modo de cuadro sinóptico o mapa
conceptual.
4) Afijos
Fuente: http://employment.findlaw.com/losing-a-job/wrongful-termination-
claims.html
If you have been laid off or fired recently, and believe that you may have lost your job
for an unlawful reason, you may have a right to bring a claim for wrongful termination
against your former employer. Legal remedies that may be available to you include
money damages and, if you haven't been officially released yet, negotiation for an
appropriate severance package that includes adequate
compensation.
Firing in retaliation for the employee's having filed a complaint or claim against the
employer.
Some of these violations carry statutory penalties, while others will result in the
employer's payment of damages based on the terminated employee's lost wages and
other expenses. Certain wrongful termination cases may raise the possibility that the
employer pay punitive damages to the terminated employee, while other cases may
carry the prospect of holding more than one wrongdoer responsible for damages.
If you have an employment contract, become familiar with the provisions of the
agreement.
Review promises made by your employer and gather evidence of those promises.
Return all company property and follow any other common post-employment
procedures.
Severance Packages
An employer is not required to give severance pay to an employee unless an
employment contract requires it, or the employee handbook or manual indicates that
the employer has a policy of doing so. However, an employee may be able to negotiate
a severance package in exchange for a promise to waive any legal claims against the
employer. An attorney can explain your options and advise you as to whether a
severance package or a wrongful termination claim will make more sense in your
situation. If you and your attorney determine that negotiating a severance package will
be the best course, you will want to have a strategy for negotiations. Here are a few
tips:
If possible, refuse an employer's offer that you resign instead of being terminated.
Negotiate with the employer to continue providing medical and dental coverage while
you are receiving severance pay.
Make sure that the severance package is in no way contingent on new employment.
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Legal Help with Wrongful Termination Claims
If you have been fired, you may have rights to severance pay, damages, or
unemployment compensation. In certain circumstances, you may also have a valid
claim for wrongful termination against your former employer. Speaking with an
experience attorney can help you understand your rights and make an informed
decision about how to proceed.
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Actividades:
For example, suppose that a city fires Cheng Mai, a Chinese American, who has
worked in the city’s planning department for two years. Mai claims that he was fired
because of his national origin and presents evidence that the city’s “residents only”
policy has a discriminatory effect on Chinese Americans. The policy requires all city
employees to become residents of the city within a reasonable time after being hired.
Cheng Mai has not moved to the city but instead has continued to live with his wife
and children in a nearby town that has a small population of Chinese Americans.
Although residency requirements sometimes violate antidiscrimination laws, if the city
can show that its residency requirement has a substantial, demonstrable relationship to
realistic qualifications for the job in question, then normally it will not be illegal.
Reverse Discrimination Note that discrimination based on race can also take the form
of reverse discrimination or discrimination against “majority” individuals, such as white
males. For example, in one
Pennsylvania case, an African American woman fired four white men from their
management positions at a school district. The men filed a lawsuit for racial
discrimination alleging that the woman was trying to eliminate white males from the
department. The woman claimed that the terminations were part of a reorganization
plan to cut costs in the department. The jury sided with the men and awarded them
nearly $3 million in damages. The verdict was upheld on appeal (though the damages
award was reduced slightly).
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Actividades:
1) Investigación: ¿De dónde (e.d. qué fuente normativa) surge el “Title VII”
y qué se establece allí?
Fuente: http://www.wrongfulterminationlaws.com/resources/wrongful-termination-
law/state-job-termination-laws/texas.htm
But there are some exceptions to the at-will rule. For example, if your Texas employer
fires you for discriminatory reasons, in violation of an employment contract, or in
retaliation for exercising your rights, you may have a legal claim against your employer
for wrongful termination.
Every state’s laws on wrongful termination are different. This article covers some of the
common legal grounds you might have for suing your Texas employer for wrongful
termination. But it’s not a comprehensive list of Texas employment rights, which can
change as courts issue new rulings and legislators pass or modify laws. To find out the
full extent of your legal claims, speak to an experienced Texas employment lawyer. To
learn more about Texas employment law, contact the office of the Texas Workforce
Commission.
Discriminatory Firing
Under federal law, it is illegal for an employer to fire an employee based on a protected
characteristic. Federal law prohibits employers from firing employees based on race,
color, national origin, sex, pregnancy, religion, age (if the employee is at least 40),
disability, citizenship status, or genetic information. However, only employers with a
minimum number of employees must comply with these laws. Most types of
discrimination are prohibited once an employer has at least 15 employees. However,
for age discrimination the minimum is 20 employees, and for citizenship status
discrimination the minimum is four employees.
Texas law prohibits employment discrimination based on race, color, national origin,
sex, pregnancy, religion, disability, age (40 and older), and genetic information. Texas
employers must comply with these laws if they have at least fifteen employees.
These laws also make it illegal for an employer to retaliate against you for asserting
your rights. For example, if you complain to your company’s HR department that you
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believe you were passed over for promotion because of your age, your employer may
not discipline or fire you for your complaint. Likewise, your employer cannot fire you
for participating in an investigation of a discrimination complaint (no matter who
made the complaint), testifying in court, or making other efforts to stop discriminatory
practices.
Before filing a discrimination or retaliation lawsuit, you must file a complaint with the
appropriate government agency. The Texas Workforce Commission enforces the state’s
laws prohibiting discrimination; the Commission has offices in Austin. In many cases,
state fair employment practices agencies will record your complaint with the Equal
Employment Opportunity Commission (EEOC), the agency that enforces federal
antidiscrimination laws. However, you should check to make sure. If not, you may also
have to file a complaint with the EEOC; you can find contact information for the
nearest office at the EEOC’s Field Offices page.
Breach of Contract
If you have a written employment contract promising you job security, you are not an
at-will employee. Texas also recognizes implied employment contracts based on clear
statements made in an employee handbook. For example, if your employee handbook
states that employees will be fired only for good cause, you may have an implied
contract. If you have an employment contract, and your employer fires you without
good cause, you have a legal claim for breach of contract.
Texas has adopted the federal minimum wage, which is currently $7.25 per hour. While
Texas does not have an overtime law, federal law requires employers to pay employees
overtime when they work more than 40 hours in a workweek.
Although some states require employers to offer meal or rest breaks, Texas does not.
Under federal law, though, employers who choose to offer breaks of 20 minutes or less
must generally pay employees for that time. Employers also must pay their employees
for any time during which they must work, even if the employer characterizes that time
as a “break.” It is illegal for employers to fire employees in retaliation for exercising
their rights under federal wage and hour laws.
State and federal laws give employees the right to take time off work for certain civic
obligations and personal responsibilities. Employers may not discipline or fire workers
for exercising these rights. In Texas, these rights include:
Military leave. Under federal law, employees have the right to take up to five years of
leave to serve in the military, with the right to be reinstated when they return to work.
(This law also prohibits discrimination against employees based on their military
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service, protects employees from discharge without good cause for up to one year after
they return from military duty, and provides other protections.) Texas law gives
members of the Texas military forces or the military forces of any other state the right
to be reinstated following a call to active duty or training.
Jury duty. In Texas, employees are entitled to unpaid leave for jury service. Employers
who fire or penalize employees for jury service are subject to special damages in a
wrongful termination lawsuit.
Voting leave. Texas employers must allow employees to take paid time off to vote,
unless the employee has two consecutive hours off work while the polls are open.
Family and medical leave. Texas employees are protected by the federal Family
Medical Leave Act (FMLA). The FMLA requires employers with 50 or more employees
to provide eligible employees with up to 12 weeks off, unpaid, every year for a serious
health condition, to care for a family member with a serious health condition, to care
for a new child, or to handle certain practical matters arising out of a family member’s
military service. Employees can take up to 26 weeks off in a single year to care for a
family member who is seriously injured while serving in the military. Employees who
take FMLA leave must be reinstated to the same position once their leave is over.
Workplace safety. Employers are prohibited from firing employees who, in good faith,
report violations of occupational health and safety laws.
What to Do Next
If you think you were fired illegally, talk to a Texas employment lawyer. Whether you
want to get your job back, negotiate a settlement, or file a lawsuit, a lawyer can help
you assert your legal rights. A lawyer can also inform you of any other claims that you
might have under state or local law.
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Actividades:
The United Kingdom ("UK"), comprised of England, Northern Ireland, Wales and
Scotland, has a population of over 62 million people, is culturally diverse and remains
one of leading financial and service centers of the world. It is often considered the entry
way to the rest of Europe and is a major international trading power. For these reasons,
many companies decide to do business in the UK. This article will provide a brief
overview of some of the basic employment and labor laws in the UK and will also
introduce some of the most critical 2013 labor reforms.
I. Employment Contracts
Employers within the UK can chose the legal system they wish to govern employment
agreements. However, if no choice of law designation has been made in the
employment agreement, the law of the country in which the employee is located will
typically apply. Additionally, pursuant to the Employment Rights Act of 1996, all
employees in the UK are entitled to receive, within two (2) months of hire, a written
statement from their employer setting forth the terms and conditions of the
employment. This statement is required for both fixed-term and indefinite contracts
and must include the following information:
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II. Wage and Hour
The National Minimum Wage Act of 1998 sets forth the minimum pay per hour almost
all workers within the UK are entitled to by law. The minimum wage rate varies per
age group up to the age of twenty-one (21), but for any employee over twenty-one (21)
years of age, the minimum wage rate is currently £6.19 an hour. The government is
also set to publish consolidated and simplified National Minimum Wage Regulations
in late April of 2013.
An employee's standard number of working hours are the hours set forth in the
employee's particular employment contract. Typically, adult employees may not be
required to work in excess of forty-eight (48) hours per week. Employers are not
required to pay workers for overtime for hours worked in excess of that set forth in the
employment contract but, the employees' average pay for the total hours worked may
not fall below the national minimum wage.
Pursuant to the Working Time Regulations of 1998, almost all employees in the UK are
legally entitled to 5.6 weeks paid holiday time per year (known as statutory leave
entitlement or annual leave). Part-time workers are entitled to a pro-rata amount of
holiday pay based upon the 5.6 weeks for full time employees.
age;
disability;
gender reassignment;
marriage and civil partnership;
pregnancy and maternity;
race, ethnicity, national origin or skin color;
religion or belief;
sex;
sexual orientation;
part-time work;
fixed-term work; and
trade union membership activities.
The laws prohibiting discrimination apply to hiring, the terms and conditions of
employment, training, promotions, terminations, and employee compensation. The
law also prohibits both direct and indirect discrimination. Direct discrimination occurs
if the reason for a person being treated less favorably than another employee is based
upon the employee's protected characteristic as defined by the law. Indirect
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discrimination refers to the situation when a particular employment policy adversely
affects or disadvantages a group of employees who are of a particular protected
characteristic as set out in the Act.
Other anti-discrimination legislation in the UK includes the Equal Pay Act of 1970, the
Race Relations Act 1976, the Disability Discrimination Act of 1995 and the Employment
Equality Regulations relevant to sexual orientation and age.
Employees are entitled to twenty-six (26) weeks of maternity leave which is referred to
as "Ordinary Maternity Leave" and can receive either maternity allowance or statutory
maternity pay. Some employees are entitled to a longer period of leave, referred to as
"Additional Maternity Leave" for another twenty-six (26) weeks for a total of fifty-two
(52) weeks per year, if they satisfy certain qualifying conditions. It is unlawful to
dismiss an employee for any reason related to her pregnancy. At the expiration of
maternity leave, the employee is entitled to resume her normal job pursuant to the
same terms and conditions which existed prior to the leave. However, in a redundancy
situation or if there is some other genuine reason why the employee's original position
is no longer available at the expiration of the leave, the employee must be offered
another suitable available position within the company.
Pursuant to the Revised Leave Directive, effective March 8, 2013, each parent is now
also entitled to eighteen (18) weeks, instead of thirteen (13) weeks, of unpaid leave per
child but limited to a maximum of four (4) weeks per year. Some employers offer
longer or more flexible leaves but they must offer at least the minimum amount of
leave under the law.
VI. Terminations
VII. Redundancies
In the UK redundancies are implemented when employers determine that the company
cannot afford to keep an employee and must terminate the employment. Long-term
employees are entitled to compensation from their employers in the event they are
made redundant and the law requires employers to act fairly when making
redundancy decisions. Specifically, the employer is required to send the employee a
written statement explaining why the employer wants to implement the redundancy
and hold a consultation meeting. If the employer plans on dismissing more than
twenty (20) employees, it must have a group consultation; otherwise the employer may
consult employees individually. The employer must always consult with the
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employees at least 30 days before the dismissal and give them or their representatives
written information about the proposed number of dismissals, the effect dismissals will
have on the company and alternatives to dismissal.
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Actividades:
DERECHO LABORAL
MATERIAL ADICIONAL
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Apéndice 1: ACTIVIDADES AUDIOVISUALES DE INTRODUCCIÓN
https://www.youtube.com/watch?v=Yn6MK_blDck
https://www.youtube.com/watch?v=m6m1DPVJC7s
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Apéndice 2: Modelo de contrato de trabajo
Employment Agreement (Sample)
THIS AGREEMENT made as of the ______day of__________________, 20__ ,
between [name of employer] a corporation incorporated under the laws of the
Province of Ontario, and having its principal place of business at
_______________________(the "Employer"); and [name of employee], of the City
of ____________________in the Province of Ontario (the "Employee").
WHEREAS the Employer desires to obtain the benefit of the services of the Employee,
and the Employee desires to render such services on the terms and conditions set
forth.
1. Employment
The Employee agrees that he will at all times faithfully, industriously, and to the best of
his skill, ability, experience and talents, perform all of the duties required of his
position. In carrying out these duties and responsibilities, the Employee shall comply
with all Employer policies, procedures, rules and regulations, both written and oral, as
are announced by the Employer from time to time. It is also understood and agreed to
by the Employee that his assignment, duties and responsibilities and reporting
arrangements may be changed by the Employer in its sole discretion without causing
termination of this agreement.
2. Position Title
(c) -
(d) -
(e) Other duties as may arise from time to time and as may be assigned to the
employee.
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Compensation
As full compensation for all services provided the employee shall be paid at the
rate of ____. Such payments shall be subject to such normal statutory deductions
by the Employer.
4. Vacation
The Employee shall be entitled to vacations in the amount of ____ weeks per annum.
5. Benefits
The Employer shall at its expense provide the Employee with the Health Plan that is
currently in place or as may be in place from time to time.
6. Probation Period
It is understood and agreed that the first ninety days of employment shall constitute a
probationary period during which period the Employer may, in its absolute
discretion, terminate the Employee's employment, for any reason without notice or
cause.
7. Performance Reviews
The Employee will be provided with a written performance appraisal at least once per
year and said appraisal will be reviewed at which time all aspects of the assessment
can be fully discussed.
8. Termination
(a) The Employee may at any time terminate this agreement and his employment by
giving not less than two weeks written notice to the Employer.
(b) The Employer may terminate this Agreement and the Employee’s employment at any
time, without notice or payment in lieu of notice, for sufficient cause.
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(c) The Employer may terminate the employment of the Employee at any time without
the requirement to show sufficient cause pursuant to (b) above, provided the
Employer pays to the Employee an amount as required by the Employment
Standards Act 2000 or other such legislation as may be in effect at the time of
termination. This payment shall constitute the employees entire entitlement arising
from said termination.
9. Non- Competition
10. Laws
The Employee acknowledges that the Employer has provided the Employee with a
reasonable opportunity to obtain independent legal advice with respect to this
agreement, and that either:
(a) The Employee has had such independent legal advice prior to
executing this agreement, or;
(b) The Employee has willingly chosen not to obtain such advice
and to execute this agreement without having obtained such advice.
This agreement contains the entire agreement between the parties, superseding in all
respects any and all prior oral or written agreements or understandings pertaining to
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the employment of the Employee by the Employer and shall be amended or modified
only by written instrument signed by both of the parties hereto.
13. Severability
The parties hereto agree that in the event any article or part thereof of this agreement is
held to be unenforceable or invalid then said article or part shall be struck and all
remaining provision shall remain in full force and effect.
________________________________________
[Name of employee]
________________________________________
[Signature of Employee]
________________________________________
[Name of Employer Rep]
________________________________________
[Signature of Employer Rep]
[Title]
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