Saturday, November 24, 2012

Minimum Wage Within The Catering Industry

The recent economic slump within global community and the slow economic recovery locally has perpetuated a sharp rise in the cost of living across the board, which has hit groups within the middle to lower income earners particularly hard. The above has perpetuated the recent rise in Union action in relation to compensation and benefits attached there to.

For many years the catering industry has by and large escaped the reach of the law in terms of labour matters such as minimum wage. However disputes surrounding labour issues are on the increase within this industry. Such disputes pose a particular risk to restaurant and catering businesses, of which a huge number fail within the first year of business alone purely on the basis of lack of revenue, add to this the current economic climate and the increase in Union action, the risk of failure increases dramatically.

A prominent issue that must be canvassed in relation to labour disputes of this nature is the definition of an employee. The definition has been constructed so widely that essentially a person does not require an employment contract to qualify as an employee. This means that such people may be entitled to certain benefits even though they lack a formal employment contract.

A very difficult and uncertain position arises in relation to the payment of minimum wage of waiters. Waiters were initially described as "contract waiters" in terms of their employment description. Recently the description has changed to "commission work", note that the aforegoing should not be confused with the terms "independent contractor" or "causal worker". The law seems to be open to interpretation in relation to what constitutes minimum wage in this context. In essence there are two possible interpretations: the first being that a commissioned worker needs to be paid minimum wage exclusive of any commission, in other words the employee is paid a basic and gets to keep any commission; the second possible interpretation is that minimum wage is inclusive of any commission which essentially means that the party in question remuneration will be constituted by setting out a set amount as the wage and then any amount earned over and above that amount constitutes commission. The difference between the former and the latter simply that in the former situation the party will earn R x as a basic and will get to keep any commission/tips earned. Under the latter construction the party wage is R x and the commission will only be payable in the amount that is earned over Rx. Thus if the wage is R 1200, should the party only earn R 200 in commission they will only receive R 1200 however if they earn R 2000 they will get R 600 commission.

The ultimate consideration under the context of minimum wage for prospective restaurant owners is simply the sustainability of paying such over a long period of time, given the fact that restaurants generally have massive fluxuations in their revenue, it is advisable to hire an attorney to draft the employment agreements for all staff so that the contracts are tailored to best protect the businesses financial needs.

Know More About The Recent Changes In UAE Labour Laws

To assist accommodate the present shifts in the global market and to help in recovering Dubai's and the UAE's as a whole, economies, the Ministry of Labour has issued numerous Ministerial Decrees, changing the UAE Labour Laws. The goal to these modifications is to tackle the free movement of expatriates in the region and to make sure that their rights are a lot more severely upheld.

One of the new modifications relates to the Wage Protection System that was established over the course of 2009-2010. In the event of non payment of salary all personnel of private sector companies have the right to call either the Ministry of Labour's toll free number to anomalously lodge a complaint against their employer for unpaid salary or to report an online application with their labour card, direct to the Offices of Wage Protection. The Offices of Wage Protection will conduct an investigation into the establishment and why salaries have not been paid.

As from January 2011 all skilled and professional workers will be exempt from the requirement of getting a No Objection Certificate ("NOC") from their employer to allow them to transfer their sponsorship and work permit. All skilled workers will be from January 2011 exempt from the six month labour prohibition. All other non-skilled workers would be required to complete 2 years of employment before they to would be able to also change employer freely, without the requirement of a NOC. These changes must exponentially increase the movement of the skilled work force but will still prohibit those without the required education certificates. The changes come in conjunction to changes in fees for work permits and the reduction in length for which a work permit would be valid from three years to two years.

The above should not be confused however, with the twelve month employment prohibition which will still have effective, irrelevant of length of service or a NOC. This ban is placed on employees who violate their employment contract, such as leave a fixed term contract during its term.

These changes are necessary to make sure that the labour market has the chance to spread their skills as required and to not reprimand employees who hope to move from companies whereby their treatment is far from perfect.

These changes are necessary to make sure that the labour market has the chance to spread their skills as required and to not reprimand employees who hope to move from companies whereby their treatment is far from perfect.

Sample Paralegal Cover Letter - These Tips Can Make a Big Difference

If you are applying for a paralegal position, it is a good idea to search for a sample paralegal cover letter to get you started. There are thousands of sample paralegal cover letters out there, but the task falls on you to find the best one that will be the most suitable guide for your personal cover letter. The World Wide Web makes it that much easier to find what you are looking for. It is as simple as searching "How To Write a Paralegal Cover Letter" into a search engine and watching what happens. Google yielded 73,900 search results alone. Now that you have uncovered the treasure trove of sample paralegal cover letters, you must find the one that will most help you.

Keep in mind that there are sample paralegal cover letters for new paralegals and experienced paralegals alike. Both are your initial contact with your potential employer and therefore should be clear, concise, and professional. In addition, chances are that your potential employer, or whoever is in charge of hiring new personnel, are extraordinarily busy. Therefore, you should refrain from using a sample paralegal cover letter full of filler content that will contribute to quantity as opposed to quality.

A sample should never be simply copied and pasted and used as your own work. Chances are that employers have seen several of those on a daily basis. Also, you shouldn't always trust websites, as there is always the chance that the sample paralegal cover letter contains grammatical errors and typos. Employers want to see your own work and get to know your writing style and the work, which you are capable of performing. Therefore, a sample paralegal cover letter should be used as a guide to highlight your own personal qualities. You should find a sample paralegal cover letter that has a format, which includes your name, address, date, the name of the person that you are contacting as well as their title, the company to which you are applying and a professional salutation.

For a new paralegal, look for an example with a format that will highlight more of your education, personal qualities, and work ethic, rather than experience, since your work experience is likely limited. For an experienced paralegal, try to find a format that highlights your work experience, skills, achievements, and how you would contribute positively to their company. Stay away from samples that tend to repeat the format of a resume and focus on selling yourself as an employee and as an individual.

If you are fortunate enough to have your letter read, you do not want to ruin it with a lack-luster conclusion or worse yet, leaving it out altogether. The closing paragraph is as important as the body of the letter, as it contains important information. It is your opportunity to thank your potential employer up front for their time and consideration. It is also the venue in which you leave your contact information should a face to face interview be warranted, as well as where you include that references are also available upon request before you close your letter.

It is important to find a sample paralegal cover letter that includes all of these key points for you to write a successful, meaningful and memorable letter.

Sex-Selective Abortion and Female Infanticide in Developing Countries

Women have been classified as members of household and should therefore remain there. This view on females has been widespread and is largely stereotypical. Gender discrimination transpires in most countries, developing countries in particular, and seems to be viral in effect making girls as the most victims.

One of the most demoralizing events in the lives of girls and women in developing countries is being discriminated. Millions of individual tragedies have become the result of such incident. As a fact, studies reveal that there is a direct connection or bond between a country's approach toward women and its social and economic development. Hence, the condition of women is fundamental to a society's situation.

In 2010, the United Nations Development Program has released a report stating that Asia leads the highest male-female sex ratio at birth in the world. Meanwhile, sex-selective abortion and infanticide leaves a track of 96 million missing women in some countries. This goes to show that even before birth, women are being discriminated.

Female infanticide is the deliberate killing of baby girls due to male baby preference of parents, as may have been dictated by the society where they belong. Low importance accompanied by the birth of females also has bearing in female infanticide. In intense cases, baby girls are being killed long enough even when they are still on the mother's womb because of the common notion that girls are servants of household.

With the advent of technologies, determining the gender of fetus has become a lot easier. Sex-selective abortion then happens to female fetuses because of male baby preference.

Cultural norms play important roles in gender discrimination. It is because people tend to follow the trends and practices in the community where they belong. There are few countries who give more importance to males as they refer to them as "assets" of the family because they can earn and support the family for a living. Females, on the other hand, are tagged as "liabilities" of the family because they will only marry and will not be able to contribute to the earnings of their family.

One of the unending repercussions of unsuccessful sex-selective abortion is abuse. Girls are more open to possibilities of abuse when parents failed to terminate or stop the conception of girl fetus. Physical harms follow the lives if girls throughout their lives which most of the time become the primary reason of psychological implications or trauma.

Think You're a Victim of Workplace Bullying?

If you think you are the victim of workplace bullying you can feel as though you are isolated and alone, having to sort out all the problems yourself. You may feel you've done something to deserve the actions, or that perhaps it is just their management style and you're with someone who is a strong leader, and all you need to do is pull your socks up and live with it.

However if you're feeling panicked, or worried before you go into work, or you feel a surge of adrenaline every time you need to talk to the person the behaviour is stemming from, then you are most likely being bullied and need to address it before it affects your work, your health, and the overall well being of not only you, but everyone you come into contact with. When your life is negatively impacted it begins a ripple effect. You may find that others in your company are also being treated a similar way by the same manager or boss, and it's endemic at work.

It's really important to collect and collate all the information of any incidents, from recollections of what has happened to copies of emails and any written notes. Most bullies are very good at hiding evidence and not making anything too overt, which often adds to the problem as you feel you can't pin down exactly what is going on. Writing down events helps build a case should you need to go to mediation, or even court.

It's a good idea to read up on why people do bully. Learning to read those behaviours and why people do it helps you to become more attuned to what is going on and how to best manage it. Some people are more likely to be targets than others. If you've got abuse or hurt in your background you can often be more of an easy target and also often less likely to report it. Education helps you start to stand your ground a little more confidently.

Most companies have policies on how to best deal with workplace bullying including who to contact and how to report it. It's a good idea to ask to see the cope of this policy, especially if the person you directly report to is the person causing the problem. Once you have a plan of action you'll be ready to face your bully and do something to solve the problem.

Child Labor Law Guidelines

There are laws in place to ensure that children have the opportunity to receive an education before joining the work force. Many high school students seek out jobs in an effort to become more financially independent and learn to support themselves, however their supervisors must adhere to the strict regulations in place to monitor the amount of time minors spend working. Any management found disregarding child labor laws may be facing serious penalties. If you or someone you love has been subjected to illegal working conditions, you may be able to take legal action against the responsible party.

Information about Child Labor Laws

Each state has its own laws in place to oversee the specifics regarding child labor laws, although there are federal regulations that are the same in every state. These generally pertain to children who are under a certain age, although this number may fluctuate depending on the location and type of work. The Fair Labor Standards Act, or FLSA, says that youth 14 and 15 years old:

May not work during regularly scheduled school hours May not work more than three hours on each school day May not work more than eight hours each weekend day May not exceed 18 hours of work during the school week or 40 hours during a non school week May only work between 7am and 7pm during the school year or 7am and 9pm during the non school months

Once a child has reached the age of 16, he or she is exempt from child labor laws. It is important to note that these restrictions apply only to non-agricultural work. Restrictions for agricultural employees may be slightly different.

Contact Us

For more information regarding child labor laws and your legal rights, contact the Houston employment attorneys of the Ross Law Group.


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