International Labor And Employment Laws

by Keller, William L.; Darby, Timothy J.; Bevernage, Carl

• ISBN13: 9781570184512
• ISBN10: 1570184518
• Edition: 2nd
• Format: Hardcover
• Copyright: 2005-02-28
• Publisher: Bna Books

Table of Contents

Foreword	ix
Preface	xi
Outline of Topics	xiii
Summary Contents	xix
Part 1. The European Union and Selected Member and Applicant Countries
The European Union
Belgium
France
Germany
Italy
Spain
United Kingdom
Bulgaria	1	(1)
Introduction	1	(1)
Constitutional Reform	2	(1)
Form of Government	3	(1)
The Courts	3	(1)
Sources of Labor Law	4	(1)
National Sources	4	(1)
Traditional Bulgarian Labor Law	5	(1)
Recent Labor Law Reforms	5	(2)
The Labor Code	7	(1)
1990 revision	7	(1)
1992 revision	7	(1)
1996 revision	8	(1)
2001 revision	8	(1)
2002 revision	8	(1)
2003 revision	9	(1)
Employment Laws	9	(1)
1997 Employment Law	9	(1)
2002 Employment Law	10	(1)
2003 Revision of the 2002 Employment Law	10	(1)
Ordinances and Regulations	11	(2)
International Sources	13	(1)
European Union Membership	14	(1)
International Labor Organization	14	(1)
Bilateral Treaties	15	(1)
Administration of the Labor Laws	15	(1)
Resolution of Labor Disputes	15	(1)
Jurisdiction	16	(1)
Trial Courts	16	(1)
Appeals	17	(1)
Foreign Nationals and Bulgarian Employees Working Abroad	17	(1)
Procedures	18	(1)
Statute of Limitations	18	(1)
Individual Employment	18	(27)
Formation of the Employment Relationship	19	(1)
Capacity of the Worker	19	(1)
Capacity of the Employer	20	(1)
Form of the Employment Contract	20	(1)
Content of the Employment Contract	21	(1)
Job Applications	22	(1)
Time of Conclusion and Execution of the Employment Contract	23	(1)
Employment by Election	24	(1)
Types of Employment Contracts	24	(1)
Indefinite-Duration Contracts	24	(1)
Fixed-Term Contracts	24	(2)
Transformation of Fixed-Term Contract to Indefinite-Duration Contract	26	(1)
Probationary Contracts	26	(1)
Mutual Rights and Obligations	27	(1)
Rights and Obligations of Workers	27	(2)
Rights and Obligations of Employers	29	(1)
Discipline	29	(1)
Internal Rules of the Enterprise	29	(1)
Breaches of Labor Discipline	30	(1)
Disciplinary Penalties	31	(1)
Disciplinary Procedures	32	(1)
Statute of Limitations	33	(1)
Deletion of Disciplinary Penalties	33	(1)
Appeals	33	(1)
Financial Liability	33	(2)
Procedure for Recoupment of Damages	35	(1)
Termination	36	(1)
Automatic Termination	36	(1)
Termination by Employee With Notice	36	(1)
Termination by Employee Without Notice	37	(1)
Termination by Employer With Notice	38	(1)
Termination by Employer Without Notice	39	(1)
Special Protections Against Nondisciplinary Termination	40	(1)
Termination of the Employment Relationship Established by an Election	41	(1)
Protection Against Unlawful Dismissal	41	(2)
Privacy	43	(1)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	44	(1)
Employee Duty of Loyalty	44	(1)
Trade Secrets	44	(1)
Covenants Not to Compete	44	(1)
Collective Bargaining	45	(10)
Unions	45	(1)
The Collective Labor Contract	46	(1)
Subjects of Bargaining	46	(1)
Superiority of the Labor Code	47	(1)
Relationship to Individual Contracts	47	(1)
Parties and Representation	48	(1)
Conclusion and Registration	49	(1)
Duration	49	(1)
Coverage	50	(1)
Effect of Employer Noncompliance	51	(1)
Dispute Settlement	51	(1)
Negotiation	52	(1)
Arbitration	52	(1)
Strikes	53	(2)
Lockouts	55	(1)
Representation by Entities Other Than Unions	55	(1)
Redundancy and Transfers of Undertakings	56	(3)
Redundancy	56	(1)
Transfers of Undertakings	57	(2)
Wages, Hours, and Leave	59	(18)
Wages	59	(1)
Mandatory Compensation	59	(1)
Role of Trade Unions	60	(1)
Minimum Wages	60	(1)
Additional Work Remuneration	61	(1)
Pay Reductions	62	(1)
Methods of Computing Wages	63	(1)
Form of Payment	63	(1)
Place and Time of Payment	63	(1)
Withholding of Compensation	64	(1)
Tax Exemptions on Income	64	(1)
Hours	65	(1)
Normal Working Time	65	(1)
Overtime Hours	65	(4)
Reduced Work Hours	69	(1)
Part-Time Work	69	(1)
Stand-By Duty	70	(1)
Night Work	70	(1)
Rest Periods	71	(1)
Legal Holidays	72	(1)
Leave	73	(1)
Paid Annual Leave	73	(1)
Leave Accrual	73	(1)
Extended Annual Leave	73	(1)
Additional Paid Annual Leave	73	(1)
Use of Annual Leave	74	(1)
Rate of Compensation	75	(1)
Other Types of Paid Leave	75	(1)
Unpaid Leave	76	(1)
Antidiscrimination	77	(5)
Protection of Minors	78	(2)
Protection of Women	80	(1)
Protection of Persons With Reduced Work Capacity	81	(1)
Occupational Safety and Health and Workers' Compensation	82	(5)
Safety and Health Protections	82	(1)
Constitutional Protections	82	(1)
Labor Code Rules	82	(1)
Provision and Use of Protective Clothing and Equipment	83	(1)
Production of Hazardous Materials	84	(1)
Physical Examinations	84	(1)
Recordkeeping and Reporting Requirements	85	(1)
Reassignment and Compensation of Workers Following Illness or Injury	85	(2)
Pensions and Benefits	87	(4)
Social Security Contributions	87	(1)
Health Security Contributions	88	(1)
Pensions	88	(1)
Unemployment Benefits	89	(1)
Welfare Benefits	90	(1)
Immigration	91
The Czech Republic	1	(1)
Introduction	1	(1)
Historical Development of Labor and Employment Law	2	(1)
Sources of Czech Labor Law	3	(1)
National Sources of Law	3	(1)
Applicability of the Labor Code	4	(1)
Public Office	4	(1)
Conflicts of Laws	5	(1)
International Sources of Law	5	(1)
International Labor Organization	5	(1)
European Union	5	(1)
Unemployment and Labor Market Policy	6	(1)
Labor Matters and the Justice System	6	(1)
Individual Employment	7	(25)
Creation of the Labor Relationship	7	(1)
Creation of a Labor Relationship Based on Contract	7	(1)
Required Terms	8	(1)
Other Terms	9	(1)
Restrictive Covenants	10	(1)
Creation of a Labor Relationship by Election or Appointment	10	(1)
Election or Appointment to Management Positions	11	(1)
Severance Payments	11	(1)
Secondary Labor Relationship	11	(1)
Duration of the Labor Relationship	12	(1)
Trial Period (Probation)	13	(1)
Withdrawal From the Employment Contract	13	(1)
Obligations Ensuing From the Labor Relationship	14	(1)
Changes in Negotiated Working Conditions	15	(1)
Amendments to the Employment Contract	15	(1)
Reassignment to a Different Type of Work	15	(3)
Changes in Location of Work	18	(1)
Substitutions	18	(1)
Changes at the Employee's Request	19	(1)
Termination of a Labor Relationship	19	(1)
Termination by Agreement	20	(1)
Termination by Notice	20	(1)
Delivery of Notice	20	(1)
Notice Period	21	(1)
Notice Given by the Employee	22	(1)
Notice Served by the Employer	22	(1)
Reasons for serving notice	22	(1)
Offering a modified employment contract	23	(1)
Deadlines for serving notice	24	(1)
Securing alternative employment	25	(1)
Protective periods	26	(1)
Notice to disabled employees	27	(1)
Immediate Termination	28	(1)
Immediate Termination by the Employee	28	(1)
Immediate Termination by the Employer	29	(1)
Termination During the Trial Period	30	(1)
Privacy	30	(1)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	31	(1)
Employee Duty of Loyalty	31	(1)
Trade Secrets	32	(1)
Covenants Not to Compete	32	(1)
Collective Bargaining	32	(9)
Union Structure and Status	33	(1)
Historical Background	33	(1)
Union Organization	34	(1)
Employee Representation	35	(1)
The Bargaining Process	36	(1)
Collective Agreements	37	(1)
Bargaining Disputes	38	(1)
Mediation and Arbitration	38	(1)
Strikes	39	(1)
Lockouts	40	(1)
Representation by Entities Other Than Unions	41	(1)
Council of Employees and Councils for Safety and Protection of Health at Work	41	(1)
Employee Representatives on the Supervisory Board	41	(1)
Redundancy and Transfers of Undertakings	42	(3)
Redundancy	42	(1)
Notice Requirements	42	(1)
Mass Layoffs	43	(1)
Transfers of Undertakings	44	(1)
Wages, Hours, and Leave	45	(10)
Wages	45	(1)
Minimum Wage	45	(1)
Remuneration for Employment Contract Work	46	(1)
Overtime Work	46	(1)
Holiday Compensation	46	(1)
Taxes	46	(1)
Protection Against Employer's Insolvency	47	(1)
Hours	47	(1)
Statutory Workweek	47	(1)
Shortened Workweek	47	(1)
Workweek Distribution	48	(1)
Shift Work	49	(1)
Overtime	50	(1)
Night Work	50	(1)
Rest and Standby Periods	50	(1)
Leave	50	(1)
Vacation	50	(2)
Sick Leave	52	(1)
Maternity Leave and Parental Leave	53	(1)
Military Service	54	(1)
Election to Public Office	55	(1)
Antidiscrimination	55	(3)
Women	55	(1)
Juveniles	56	(1)
Employees With Modified Work Capacity	56	(2)
Occupational Safety and Health and Workers' Compensation	58	(1)
Occupational Safety and Health	58	(1)
Workers' Compensation	58	(1)
Pensions and Benefits	59	(1)
Pensions	59	(1)
Immigration	60
Hungary	1	(1)
Introduction	1	(1)
Sources of Labor Law	2	(1)
Domestic Sources	2	(1)
Constitution	2	(1)
National Legislation	3	(1)
Labor Code	3	(1)
Act on Public Employees	4	(1)
Act on the Legal Status of Public Officers	5	(4)
Civil Code	9	(1)
International Sources	9	(1)
Conflicts of Laws	10	(1)
Employment Rights and Obligations	11	(1)
Employer Obligations	11	(1)
Employee Obligations	12	(1)
Employees' Obligation to Obey Instructions	13	(1)
Obligation to Cooperate	13	(1)
Proper Exercise of Rights	13	(1)
Protection of Employee Data	14	(1)
Protection of the Employer's Business Interests	14	(1)
Grant of Mandatory Priority	14	(1)
Administration of the Labor Laws	14	(1)
Major Administrative Bodies	14	(1)
Ministry of Labor or Ministry of Social and Family Affairs	14	(2)
Agencies Responsible for the Execution of State Duties	16	(1)
National Labor Council	17	(1)
Dispute Resolution	18	(1)
Legal Disputes	18	(1)
Labor Disputes	18	(1)
Individual Employment	19	(28)
The Employment Relationship	19	(1)
Leased Employees	20	(1)
Relationship Between the Placement Agency and the User Enterprise	21	(2)
Relationship Between the Placement Agency and the Employee	23	(1)
Assignment Agreements	24	(1)
The Employment Contract	24	(1)
Legal Capacity	25	(1)
Contract Requirements	25	(3)
Contract Term	28	(1)
Trial Period	29	(1)
Modification	29	(3)
Cessation and Termination of Employment	32	(1)
Cessation of Employment	33	(4)
Termination of Employment	37	(1)
Employment for an Indefinite Term	37	(1)
Ordinary notice	37	(2)
Extraordinary notice	39	(2)
Severance pay	41	(1)
Employment for a Definite Term	42	(1)
Employment Certificate	42	(1)
Unlawful Termination and Its Legal Consequences	43	(1)
Termination by the employer	43	(1)
Termination by the employee	44	(1)
Liability for Damages Caused in Connection With Employment	44	(1)
Employee Liability	44	(1)
Employer Liability	45	(1)
Confidentiality of Information	46	(1)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	46	(1)
Employee Duty of Loyalty	46	(1)
Trade Secrets	47	(1)
Covenants Not to Compete	47	(1)
Collective Bargaining	47	(10)
Trade Unions	47	(1)
The Right of Association	47	(1)
Establishment of a Trade Union	47	(1)
Trade Union Membership	48	(1)
Trade Union Rights	48	(1)
Benefits of Union Officers and Members	49	(1)
The Collective Bargaining Contract	50	(1)
Parties	51	(1)
Scope	51	(1)
Negotiations	52	(1)
Registration and Publication	52	(1)
Term	53	(1)
Settlement of Collective Labor Disputes	53	(1)
Labor Disputes	53	(1)
Mediation	54	(1)
Arbitration	54	(1)
Strikes	55	(1)
Lawful Strikes	55	(1)
Unlawful Strikes	56	(1)
The Rights of Strikers	57	(1)
Representation by Entities Other Than Unions	57	(5)
Election of the Factory Council	57	(2)
Operation of the Factory Council	59	(2)
Cessation of the Council and Its Members	61	(1)
Cessation	61	(1)
Removal	62	(1)
European Works Council	62	(1)
Redundancy and Transfers of Undertakings	62	(4)
Redundancy	62	(1)
Competent Labor Centers	63	(1)
Procedures for Large-Scale Dismissals	64	(2)
Transfers of Undertakings	66	(1)
Wages, Hours, and Leave	66	(17)
Remuneration for Work	66	(1)
Types of Remuneration	67	(1)
Personal Basic Salary	67	(1)
Minimum Wage	68	(1)
In-Kind Wage	68	(1)
Average Wage	68	(1)
Salary Supplements	69	(1)
Absentee Salary	70	(1)
Other Employer Support	71	(1)
Employee Expenses	71	(1)
Salary Payment and Deductions	71	(1)
Working Hours and Time-Off	72	(1)
Working Hours	72	(1)
Night Work	73	(1)
Extraordinary Work	74	(1)
Overtime	75	(1)
Work on Rest Days or Public Holidays	76	(1)
Readiness Duty	76	(1)
Time-Off	77	(1)
Breaks	77	(1)
Daily Leisure Time	77	(1)
Weekly Rest Time	77	(2)
Public Holidays	79	(1)
Leave	79	(1)
Basic Annual Leave	80	(1)
Supplementary Leave	81	(1)
Sick Leave	81	(1)
Conditional Leaves	82	(1)
Antidiscrimination	83	(7)
Prohibition of Discrimination	83	(1)
Domestic Law	83	(1)
The New York Treaty	84	(1)
Regulations on the Employment of Women, Minors, Persons of Changed Working Abilities, and Men	85	(1)
Women	85	(1)
Conditions of Employment	85	(1)
Transfer	85	(1)
Night Work	86	(1)
Overtime	86	(1)
Maternity, Nursing, and Child-Care Leave	86	(1)
Minors	87	(1)
Conditions of Employment	87	(1)
Night Work and Overtime	87	(1)
Compensation	87	(1)
Supplementary Leave	88	(1)
Time-Off	88	(1)
Persons With Changed Working Abilities	88	(1)
Supervision	88	(1)
Men	89	(1)
Disabled Employees	89	(1)
Occupational Safety and Health and Workers' Compensation	90	(5)
Occupational Safety and Health	90	(1)
Labor Conditions	90	(1)
Employer Obligations	91	(1)
Employee Rights and Obligations	92	(1)
Labor Safety Supervision and Enforcement	92	(1)
Labor Safety Regulations	92	(1)
Safety Representatives	93	(1)
Reconciliation of Interests	94	(1)
Labor Safety Enforcement	94	(1)
Workers' Compensation	95	(1)
Pensions and Benefits	95	(10)
Social Security Benefits	95	(1)
Retirement Pensions	95	(1)
Social Security Pension	95	(1)
Old-age pension	95	(2)
Disability pension	97	(1)
Accident-related disability pension	97	(1)
Retirement Benefits for Dependents	97	(1)
Health Insurance Benefits	97	(1)
In-Kind Services Provided by the Health Insurance Fund	97	(1)
Health Insurance Benefits Paid in Cash	98	(1)
Accident-Related Benefits	98	(1)
Social Security Contributions	99	(1)
Employer Recordkeeping	100	(1)
Requirements	100	(1)
Employees Working in Other Countries	101	(1)
Leased Employees	102	(1)
Electronic Filing	102	(1)
Private Pensions and Private Pension Funds	103	(1)
Unemployment Benefits	104	(1)
Benefits	104	(1)
Contributions	104	(1)
Rehabilitation Contribution	105	(1)
Immigration	105
Governing Law	105	(1)
Work Permits	105	(1)
Individual Permit	106	(5)
General Group Permit	111	(1)
Visas	111
Ireland	1	(1)
Introduction	1	(1)
Political System	1	(1)
General Sources of Labor and Employment Law	2	(1)
Constitutional Rights	2	(1)
Common Law Principles and Statutes	3	(1)
International Sources	3	(2)
Administration of the Labor and Employment Laws	5	(1)
Dispute Resolution System	5	(1)
Courts	5	(1)
Tribunals and Industrial Relations Bodies	6	(1)
Labor Relations Commission	7	(1)
Rights Commissioner Service	7	(1)
Labor Court	7	(2)
Employment Appeals Tribunal	9	(1)
Personal Injuries Assessment Board	9	(3)
Appeals	12	(1)
Individual Employment	12	(37)
Employment Status	12	(1)
Individual Employment Contracts	13	(1)
Terms and Conditions	13	(1)
Formalities	13	(3)
Implied Terms	16	(1)
Contract Changes	16	(1)
Incorporation of Terms in a Collective Agreement	16	(2)
Employee Dismissal	18	(1)
Notice Periods	18	(1)
Employer Notice	19	(1)
Employee Notice	20	(1)
Exceptions to Notice Requirement	20	(1)
Wrongful and Unfair Dismissal	21	(2)
Wrongful Dismissal	23	(1)
Interlocutory Injunctions	24	(2)
Unfair Dismissal	26	(2)
Atypical Workers	28	(1)
Young Persons	28	(1)
Children	29	(1)
Young Persons	29	(1)
Part-Time Workers	30	(2)
Agency Workers	32	(1)
Employment Agencies	32	(1)
Unfair Dismissal	33	(1)
Payment of Wages	33	(1)
Maternity Protection	34	(1)
Additional Employer Obligations	35	(1)
Agency Obligations	35	(1)
Fixed-Term Workers	35	(2)
Privacy	37	(1)
Sources	37	(1)
Fundamental Rights	37	(1)
The Constitution	38	(1)
Data Protection	39	(3)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	42	(1)
Employee Duty of Loyalty	42	(1)
Trade Secrets	43	(3)
Covenants Not to Compete	46	(1)
Common Law	46	(1)
Competition Act 2002	47	(2)
Collective Bargaining	49	(30)
Introduction	49	(3)
Union Recognition	52	(2)
Inter-Union Disputes and Recognition	54	(1)
Union Membership	55	(1)
Waiver	55	(1)
Public Sector Employees	56	(1)
Employer Knowledge of Union Membership	56	(1)
Protection Against Discrimination Based on Trade Union Membership and Activities	57	(1)
Level of Bargaining	57	(1)
Collective Agreements	58	(1)
Legal Effect	58	(3)
Registered Agreements	61	(1)
Duration of a Collective Agreement	62	(1)
Strikes and Other Industrial Action	63	(1)
Strikes	63	(1)
Lockouts	64	(1)
Picketing	64	(3)
Handbilling	67	(1)
Slowdowns and Sit-ins	67	(1)
Secondary Action	68	(2)
Third Party Resolution of Disputes	70	(5)
Union Security	75	(1)
Employees' Right Not to Belong to a Union	75	(2)
Union Membership Fees	77	(1)
Obligation to Represent Non-Members	77	(1)
Union Rights in the Workplace	78	(1)
Representation by Entities Other Than Unions	79	(2)
Redundancy and Transfers of Undertakings	81	(16)
Redundancy	81	(1)
Termination by Reason of Redundancy	81	(1)
Fair Selection	82	(2)
Redundancy Procedure	84	(1)
Collective Redundancies	84	(1)
Notice to employee representatives	85	(1)
Notice to Minister for Enterprise, Trade, and Employment	86	(1)
Union Agreement	87	(1)
Consultation With European Works Council	87	(1)
Redundancy Payments	88	(1)
Statutory Redundancy Payments	88	(2)
Ex Gratia Termination Payments	90	(2)
Transfers of Undertakings	92	(1)
Application	92	(2)
Information and Consultation Obligations	94	(1)
Collective Agreements and Employee Representation	95	(1)
Agreement to Limit or Waive Application of the Regulations	95	(1)
Liability	96	(1)
Wages, Hours, and Leave	97	(30)
Wages	97	(1)
Minimum Wage	97	(2)
Payment of Wages	99	(1)
Definition of Wages	99	(1)
Modes or Methods of Payment	100	(1)
Right to a Written Statement	100	(1)
Deductions From Wages	101	(1)
Allowable deductions	101	(1)
Deductions and payments outside the application of the PWA	102	(1)
Redress and complaints procedure	102	(1)
Taxes (Including Social Insurance)	102	(1)
Residence and Domicile	102	(1)
Residence	102	(1)
Domicile	103	(1)
Ordinarily Resident	103	(1)
Foreign Contract of Employment	104	(1)
Remittance Basis of Assessment	104	(1)
Income	104	(2)
Capital Gains	106	(1)
Remittances of Capital	106	(1)
Income Tax and Social Insurance Deductions	107	(1)
Pay-as-You-Earn System	107	(1)
Employer registration	107	(1)
Notice of determination of tax credits and standard rate cut-off point	108	(1)
Employees on temporary assignment	108	(1)
Taxable pay	109	(1)
Emergency card procedure	109	(1)
Pay-Related Social Insurance	109	(2)
P35 End-of-Year Return	111	(1)
Tax Payment	111	(1)
Payment Schedule	111	(1)
Filing of Returns	111	(1)
Hours	112	(1)
Rest Periods	113	(1)
Sunday Work	113	(1)
Weekly Working Hours	114	(1)
Night Time Working Hours	114	(1)
Prohibition on Double Employment	115	(1)
Children and Young Persons	115	(1)
Exemptions	116	(1)
Notice of Working Hours	117	(1)
Recordkeeping	117	(1)
Employee Complaints	118	(1)
Leave	119	(1)
Annual Leave	119	(1)
Public Holidays	120	(1)
Maternity and Adoptive Leave	121	(1)
Maternity Leave	121	(1)
Adoptive Leave	122	(1)
Parental Leave	123	(2)
Force Majeure Leave	125	(1)
Health and Safety Leave	126	(1)
Carer's Leave	126	(1)
Antidiscrimination	127	(16)
Background	127	(1)
Early EU Framework	127	(1)
1977 Employment Equality Act	128	(1)
1998 Employment Equality Act	129	(1)
Recent EU Directives	130	(1)
Non-Gender Discrimination	131	(1)
Family Status	131	(1)
Sexual Orientation	132	(1)
Age	132	(1)
Disability	133	(2)
Race	135	(1)
Status	135	(2)
Direct and Indirect Discrimination	137	(1)
Direct Discrimination	137	(1)
Indirect Discrimination	138	(1)
Affirmative Action	139	(1)
Harassment	140	(1)
Enforcement and Remedies	141	(2)
Occupational Safety and Health and Workers' Compensation	143	(7)
Occupational Safety and Health	143	(1)
Introduction	143	(1)
Common Law Principles	144	(2)
Safety Act	146	(1)
General Employer Duties	146	(1)
Employee Duties	146	(1)
Safety Statement	147	(1)
Consultation and Safety Representatives	147	(1)
National Authority for Occupational Safety and Health and Enforcement	148	(1)
Safety Regulations	148	(1)
Workers' Compensation	149	(1)
Pensions and Benefits	150	(12)
Pensions	150	(1)
Governing Legislation	150	(1)
Taxes Consolidation Act	150	(1)
Pensions Act	151	(1)
Establishment of the Pensions Board	151	(1)
Preservation of benefits	151	(1)
Funding	152	(1)
Disclosure of information	152	(1)
Trustees	152	(1)
Equal treatment	152	(1)
Whistleblowing	152	(1)
Personal retirement savings accounts	153	(1)
Pension ombudsman	153	(1)
Remittance of contributions	154	(1)
Revision of funding standard	154	(1)
Types of Plans	155	(1)
State-Sponsored Pension	156	(1)
Occupational Pension Plans	156	(1)
Personal Pension Plans	156	(1)
Personal Retirement Savings Accounts	157	(1)
Health and Disability Funds	157	(1)
Private Health Insurance	157	(1)
Sick Pay and Disability Benefits	157	(1)
Death Benefits	158	(1)
Other Employee Benefit Arrangements	158	(1)
Share Option Plans	158	(2)
Employee Share Ownership Trust	160	(1)
Approved Profit-Sharing Plans	160	(1)
Save-As-You-Earn Plans	161	(1)
Immigration	162
Work Permits, Work Authorizations, and Visas	162	(1)
Work Permits	163	(1)
Requirement	163	(1)
Application	163	(1)
Permit Exceptions	164	(1)
List of Exceptions	164	(1)
Intra-Company Transfer Scheme	165	(1)
Non-EEA Trainee Scheme	165	(1)
Work Authorization and Visas	166	(1)
Registration	167	(1)
Workers Posted Abroad	167
The Netherlands	1	(1)
Introduction	1	(1)
History of the Netherlands	1	(1)
Separation of the Legislative, Executive, and Judicial Powers	2	(1)
Legislative Powers	2	(1)
Executive Powers	3	(1)
Judicial Powers	4	(1)
General Sources of Labor and Employment Law	4	(1)
Statutes	4	(1)
Book 7, Title 10 of the Civil Code	4	(1)
Book 6 of the Civil Code	4	(1)
The Minimum Wage and Minimum Holiday Allowance Act	5	(1)
The Working Time Act	5	(1)
The Occupational Safety and Health Act	5	(1)
The Works Councils Act	5	(1)
The Collective Labor Agreement Act (Wet op de collectieve arbeidsovereenkomst or WCAO) and the Act on Administrative Extension and Non-Extension of Collective Labour Agreements (Wet op het algmeen verbindend en het onverbindend verklaren van bepalingen van collectieve arbeidsovereenkomsten or Wet AVV/OVV)	5	(1)
Case Law	6	(1)
Treaties	6	(1)
European Convention for the Protection of Human Rights and Fundamental Freedoms (EVRM)	6	(1)
Treaty of Rome of 1957	7	(1)
The European Social Charter	7	(1)
The Maastricht Treaty of 1993	7	(1)
International Labor Organization Conventions	8	(1)
Case Law of the European Court of Justice	8	(1)
Division of Responsibility for Labor and Employment Law	9	(1)
Labor Law	9	(1)
Unions	9	(1)
Employers' Associations	9	(1)
Employment Law	10	(1)
Advisory Organizations Consisting of Employees and Employers	10	(1)
The Labor Inspectorate	11	(1)
Structure of the Judicial System for Labor and Employment Law	11	(1)
Jurisdiction	11	(1)
Exclusive Jurisdiction	11	(1)
Venue	12	(1)
The Government Financial Legal Aid System	12	(1)
Structure of the Third Party Dispute Resolution System for Labor and Employment Law	13	(1)
Arbitration	13	(1)
Enforceable Mediation	13	(1)
Individual Employment	14	(20)
Individual Employment Agreements	14	(1)
Historical Background	14	(2)
Substance of the Individual Employment Agreement	16	(1)
Statutory Regulation of Individual Employment Agreements	16	(1)
Definition	17	(1)
Formation	17	(1)
Duration	17	(2)
Collective Bargaining Agreements	19	(1)
Contingent Employment Arrangements	19	(1)
Temporary Workers	20	(1)
On-Call Workers	20	(1)
Independent Contractors	21	(1)
Termination of Employment	22	(1)
Mutual Agreement	22	(1)
Death of the Employee	22	(1)
Unilateral Termination/Resignation	22	(1)
1945 Special Decree on Labor Relations	23	(1)
Book 7, Title 10 of the Civil Code	24	(1)
Prohibitions against termination	24	(2)
Notice periods for termination	26	(1)
Irregularity of termination	27	(1)
Termination for urgent cause	27	(1)
Manifestly unreasonable termination	28	(1)
Dissolution	29	(1)
Serious Cause: Urgent Cause or Change of Circumstances (Article 7:685)	29	(1)
Breach of Contract (Article 7:686)	30	(1)
Privacy	30	(2)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	32	(1)
Employee Duty of Loyalty	32	(1)
Trade Secrets/Whistleblowing	33	(1)
Covenants Not to Compete	33	(1)
Collective Bargaining	34	(9)
Historical Background	34	(1)
Union Recognition Process	35	(1)
Collective Bargaining Agreement Process	35	(1)
Scope and Effect of Agreements	36	(1)
Effect	36	(1)
Scope	37	(1)
Situations When a Collective Bargaining Agreement Applies to an Individual Employment Agreement	37	(1)
Mutual agreement	37	(1)
Employer and employee are both members of parties to the collective bargaining agreement	37	(1)
Employer is a member of a contracting party to the agreement but the employee is not	37	(1)
The collective bargaining agreement is declared generally binding	38	(1)
Collective Bargaining Agreement Terms	38	(1)
Compulsory provisions	38	(1)
Diagonal provisions	39	(1)
Normative provisions	39	(1)
Conflicts Between Terms in Collective Bargaining Agreements and Individual Employment Agreements	39	(1)
Duration of Collective Bargaining Agreements	39	(1)
Strikes and Other Industrial Actions	40	(1)
Strikes	40	(1)
The Right to Strike	40	(1)
Types of Strikes	41	(1)
Work-to-Rule or Slow-Down Actions	42	(1)
Employer Lockouts	42	(1)
Disciplinary Sanctions	42	(1)
Governmental and Third-Party Resolution of Disputes	42	(1)
Union Security	43	(1)
Representation by Entities Other Than Unions	43	(9)
Historical Background	43	(1)
Establishment of a Works Council	44	(1)
Companies With 50 Employees or More	44	(1)
Companies With 10 to 49 Employees	45	(1)
Companies With Fewer Than 10 Employees	45	(1)
Works Council Powers	46	(1)
Companies With 50 Employees or More	46	(1)
Deliberation and Initiative Rights	46	(1)
Consultation Rights	46	(1)
Co-Determination Rights	47	(1)
Information Rights	48	(1)
Companies With 10 to 49 Employees	48	(1)
Meeting with employees (Personeelsvergadering)	48	(1)
An employee representative body (Personeelsvertegenwoordiging)	49	(1)
Companies With Fewer Than 10 Employees	49	(1)
Procedures for Resolving Disputes Between the Works Council and the Employer	50	(1)
Violations of the Works Councils Act (Wet op de ondernemingsraden or WOR)	50	(1)
Company Fails to Ask Works Council for Advice	50	(1)
Company Fails to Ask Works Council for Permission	51	(1)
Works Council Fails to Grant Permission to the Company	51	(1)
Relationship Between Unions and Works Councils	51	(1)
European Works Council	51	(1)
Redundancy and Transfers of Undertakings	52	(8)
Redundancy	52	(1)
Layoffs	52	(1)
Individual Terminations for Economic Reasons	52	(1)
CWI	52	(1)
District Court, Cantonal Section	53	(1)
Mass Layoffs also referred to as Collective Dismissals	54	(1)
Obligation to notify union	54	(1)
Obligation to report to CWI	54	(1)
Obligation to seek advice of works council	55	(1)
Severance Payments	55	(1)
Individual Termination	55	(1)
Compensation for job losses resulting from a change in economic circumstances	55	(1)
Compensation for unreasonable termination	56	(1)
Mass Layoffs (also referred to as Collective Dismissals)	57	(1)
Social plan	57	(1)
Compensation for job losses resulting from a change in economic circumstances	57	(1)
Compensation for manifestly unreasonable termination	57	(1)
Transfers of Undertakings	58	(1)
EC Directive on Transfers of Undertakings	58	(1)
National Laws Regarding Business Transfers	58	(1)
Book 7, Title 10 of Civil Code	58	(1)
The Works Councils Act	59	(1)
Merger Code of 2000 (SER-besluit Fusiegedragsregels 2000)	59	(1)
Wages, Hours, and Leave	60	(8)
Wages	60	(1)
Minimum Wages	60	(1)
Holiday Allowance	60	(1)
Enforcement Mechanism	61	(1)
Hours	61	(1)
Working Hours	62	(1)
Night Work	62	(1)
Overtime	63	(1)
Special Rules	63	(1)
Children and Youthful Employees	63	(1)
Pregnant Women and Recent Mothers	63	(1)
Enforcement Mechanism	64	(1)
Leave	64	(1)
Paid Leave	64	(1)
Vacation	64	(1)
Bank Holidays	65	(1)
Sick Leave	65	(1)
Pregnancy and Childbirth	66	(1)
Works Council Membership	66	(1)
Adoption and Fostering	67	(1)
Family Medical Leave	67	(1)
Unpaid Leave	67	(1)
Parental Leave	67	(1)
Political Leave	68	(1)
Antidiscrimination	68	(8)
Sources of Antidiscrimination Law	68	(1)
Constitution	68	(1)
Statutory Provisions	69	(1)
Act on Equal Treatment of Men and Women of 1980	69	(1)
Equal Treatment Act of 1994	70	(1)
Book 7, Title 10 of the Civil Code	70	(1)
Articles 646 and 647	70	(1)
Article 648	71	(1)
Article 649	71	(1)
Act on Equal Treatment Based on A Handicap or Chronic Illness of 2003	72	(1)
Collective Labor Agreement Act	72	(1)
Case Law	72	(1)
Protected Groups	72	(1)
Gender	72	(1)
Family Status	73	(1)
Religion	73	(1)
Race or National Origin	73	(1)
Sexual Orientation	73	(1)
Working Hours	74	(1)
Disability	74	(1)
Sexual Harassment	74	(1)
Age	74	(1)
Enforcement Mechanisms	75	(1)
Occupational Safety and Health and Workers' Compensation	76	(2)
Occupational Safety and Health	76	(1)
Historical Background	76	(1)
Summary of Main Legal Provisions	76	(1)
Enforcement Mechanisms	76	(1)
Workers' Compensation	77	(1)
Historical Background	77	(1)
Summary of Main Legal Provisions	77	(1)
Economic Damages	77	(1)
Tort Damages	77	(1)
Enforcement Mechanisms	78	(1)
Pensions and Benefits	78	(8)
Social Security	78	(1)
Employee Insurance Schemes	79	(1)
National Insurance Programs	80	(1)
Social Benefits Provisions	80	(1)
Pensions	81	(1)
State Old Age Pensions	81	(1)
Supplementary Pensions	82	(1)
Types of Supplemental Pensions	82	(1)
Mandatory pension fund participation or occupational pensions	82	(1)
Private pensions	82	(1)
Level of Supplemental Pensions	83	(1)
Benefits	83	(1)
Employees' Insurance Programs	83	(1)
Short-Term Sickness Benefits	83	(1)
Disability Benefits	84	(1)
Unemployment Benefits	84	(1)
Social Benefits	85	(1)
Social Minimum Benefits	85	(1)
Supplementary Allowances	86	(1)
Immigration	86
National Immigration Laws	86	(1)
Historical Background	86	(1)
Foreign Nationals Employment Act of 1995	86	(1)
International Law	87	(1)
Treaty of Rome of 1957	87	(1)
EU Regulation 1612/68	87	(1)
EU Posted Workers Directive	88
Poland	1	(1)
Introduction	1	(3)
Sources of Labor Law	4	(1)
National Sources	4	(1)
The Constitution	4	(1)
Legislation	4	(1)
The Labor Code	4	(2)
Other labor acts and regulations	6	(1)
Collective arrangements applying to the employment relationship	7	(1)
EU and International Sources	7	(1)
Jurisdiction	8	(1)
Administration	9	(1)
PIP	9	(1)
Voluntary Labor Inspection	9	(1)
Public Employment Services	10	(1)
Dispute Resolution	10	(1)
Conciliation Committees	10	(1)
Labor Courts	11	(3)
Individual Employment	14	(14)
Employment Relationship	14	(1)
Employment Contract	15	(1)
Employment Contract for an Indefinite Period	16	(1)
Employment Contract for a Definite Period	16	(1)
Replacement Contracts	17	(1)
Employment Contract for the Time of Performance of a Specified Task	18	(1)
Employment Contract for a Trial Period	18	(1)
Termination of Employment Contracts	19	(1)
Termination by Mutual Agreement	19	(1)
Termination by Notice	19	(1)
Contracts for an Indefinite Period	19	(2)
Fixed-Term Contracts	21	(1)
Termination Without Notice	22	(1)
Protection Against Termination of the Employment Contract	23	(1)
Prohibitions	23	(1)
Employee Rights in Case of Unjustified Termination	23	(1)
Privacy	24	(2)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	26	(1)
Employee Duty of Loyalty	26	(1)
Trade Secrets	27	(1)
Covenants Not to Compete	27	(1)
Collective Bargaining	28	(5)
Union Rights	28	(2)
Collective Bargaining	30	(1)
Claim Submission and Negotiation	30	(1)
Mediation	31	(1)
Arbitration	31	(1)
Strikes	32	(1)
Representation by Entities Other Than Unions	33	(2)
The Staff Delegate (Przedstawiciel Zalogi)	33	(1)
Work Safety and Hygiene Service (Sluzba Bezpieczenstwa i Higieny Pracy)	34	(1)
Work Safety and Hygiene Committee (Komisja Bezpieczenstwa i Higieny Pracy)	34	(1)
Employees Council (Rada Pracownicza)	34	(1)
European Works Council	34	(1)
Redundancy and Transfers of Undertakings	35	(5)
Redundancy	35	(1)
Collective Dismissals	35	(2)
Procedure for Collective Dismissals	37	(1)
Severance Pay	38	(1)
Transfers of Undertakings	38	(1)
Effects on Individual Contract Relationships	38	(2)
Effects on Collective Agreements	40	(1)
Wages, Hours, and Leave	40	(10)
Wages	40	(1)
General Rules for Remuneration	40	(1)
Protection of Remuneration	41	(1)
Hours	42	(1)
Working Time	42	(1)
Overtime	43	(1)
Work on Sundays and Official Holidays	44	(1)
Night Work	45	(1)
Leave	46	(1)
Vacation Leave	46	(2)
Maternity Leave	48	(1)
Childcare Leave	48	(1)
Other Leaves of Absence	49	(1)
Unpaid Leave	50	(1)
Antidiscrimination	50	(7)
Introduction	50	(1)
Equal Treatment	51	(1)
Mobbing	52	(1)
Age	53	(1)
Minors	53	(1)
Retired Workers	54	(1)
Gender and Pregnancy	54	(2)
Disability	56	(1)
Occupational Safety and Health	57	(6)
Employer's Duties	58	(1)
Employee's Duties	59	(1)
Accidents at Work and Occupational Diseases	59	(1)
Covered Accidents and Diseases	59	(1)
Employer Liability	60	(1)
Indemnity	61	(1)
Supervision and Enforcement	61	(1)
State Labor Inspection (Panstwowa Inspekcja Pracy or PIP)	61	(1)
Voluntary Labor Inspection	61	(1)
Work Safety and Hygiene Service and Commission	62	(1)
Pensions and Benefits	63	(9)
Pension System	63	(1)
First Pillar	63	(2)
Second Pillar	65	(1)
Third Pillar	65	(1)
Social Insurance Benefits and Allowances	66	(1)
General	66	(1)
Benefits and Allowances	66	(1)
Sickness and Maternity Benefits	67	(1)
Pension Benefits	68	(1)
Benefits in Case of Accidents at Work and Occupational Diseases	69	(2)
Other Allowances	71	(1)
Company's Social Assistance Fund	72	(1)
Immigration	72
Work Permits	73	(1)
EU Citizens	73	(1)
Non-EU Citizens	74	(1)
Visas and residence permits	75	(1)
Non-EU Citizens	75	(1)
EU Citizens	76
Sweden	1	(1)
Introduction	1	(1)
Characteristics of Swedish Labor and Employment Law	2	(2)
Employer Prerogatives	4	(1)
Role of Legislation	5	(1)
Coverage of Swedish Labor and Employment Law	6	(1)
Sources of Swedish Labor and Employment Law	7	(1)
Hierarchy of Domestic Labor Law	7	(1)
Statutes	7	(3)
International Sources	10	(1)
The ``Social Dimension'' of EU Law and Swedish Labor Law	10	(1)
International Labor Organization	11	(1)
Employment Exchange and Hiring Out of Employees	11	(2)
Promotion of Employment Act	13	(1)
Grievance Handling and Litigation	13	(1)
The Grievance Structure	14	(1)
The Labor Court	14	(1)
Arbitration	15	(1)
Sanctions and Remedies	16	(1)
Individual Employment	17	(22)
Contract Formation	19	(1)
Duration	20	(1)
Atypical Employment	20	(1)
Part-Time Employment	21	(1)
Fixed-Term Employment	21	(1)
Distance Work	22	(1)
Non-Discrimination of Part-Time and Fixed-Term Employees	22	(1)
Principal Obligations of Employers and Employees	23	(1)
Employer Obligations	23	(1)
Employee Obligations	24	(1)
Performing Assigned Tasks	24	(1)
Individual employment contracts	24	(1)
Collective agreements	24	(1)
Altering the Employee's Job Duties	25	(2)
When and Where: Transfers	27	(1)
Duty of Loyalty	27	(1)
Duty of Confidentiality/Whistleblowing	27	(1)
Duty Not to Compete	27	(1)
Off-the-Job Conduct	28	(1)
Ownership of Work Product	28	(1)
Privacy and Personal Data	28	(1)
Trade Secrets	29	(2)
Just Cause Termination---1982 Employment Protection Act	31	(1)
Just Cause for Dismissal	31	(2)
Dismissal for Personal Reasons	33	(2)
Termination of Employment Contracts	35	(1)
Sanctions and Remedies	36	(1)
Employee Discipline Short of Dismissal	37	(2)
Collective Bargaining	39	(35)
Statutes	40	(1)
Overview of Industrial Relations in Sweden	41	(1)
Unions	41	(1)
Employers	42	(1)
Centralized System	43	(1)
Mutual Acceptance	44	(1)
Continuity: The Evolution of Labor Agreements	45	(1)
Collectivization	46	(1)
Freedom of Association	47	(1)
Organizational Structure	48	(1)
Union Dues	48	(1)
Interunion Disputes	49	(1)
Union Recognition	49	(1)
Union Rights	49	(2)
Union Security	51	(1)
The General Right of Negotiation	52	(1)
The Collective Agreement	53	(1)
Collective Agreement Defined	53	(1)
Binding Effect of Collective Agreements	54	(1)
Extension of Agreement	55	(1)
Duration	55	(1)
Breach of the Agreement	56	(1)
Industrial Actions	56	(1)
The Right to Engage in Industrial Actions	57	(1)
Mutual Rights and Obligations of the Parties	58	(1)
Public and Private Sector Distinctions	58	(1)
No Strikes During Life of Collective Agreement	59	(1)
Who Can Strike	59	(1)
Employee Rights During a Strike	60	(1)
Types of Industrial Actions	61	(1)
Partial Actions	61	(1)
Boycotts and Blockades	62	(1)
Secondary Actions	62	(1)
Picketing and Handbilling	63	(1)
Work-to-Rule Actions	63	(1)
Actions to Prevent Social Dumping	63	(1)
Other Concerted Actions	64	(1)
Lockouts and Blockades	64	(1)
Choice of Partial or Total Lockouts	65	(1)
Employer Blockades	66	(1)
Suspension of Employer Obligations	66	(1)
Government Intervention	66	(1)
Liability for Damages	67	(1)
Arbitration and Mediation	68	(1)
Individual Employee Grievances	69	(1)
Direction and Distribution of Work	69	(1)
``Primary'' Negotiations (Decision Bargaining)	69	(2)
Union Access to Information	71	(1)
Union Priority of Interpretation (Rights Disputes)	71	(1)
Union Veto Rights	72	(1)
Collective Agreements on Co-Determination	73	(1)
Board Representation for Employees	73	(1)
Representation by Entities Other Than Unions	74	(1)
Works Councils	74	(1)
European Works Council	75	(1)
Safety Committees	75	(1)
Redundancy and Transfers of Undertakings	75	(3)
Redundancy	75	(1)
Notice	76	(1)
Severance	76	(1)
Ranking	76	(1)
Recall	77	(1)
Blue-Collar Employees	78	(1)
Transfers of Undertakings	78	(1)
Wages, Hours, and Leave	78	(3)
Wages	78	(1)
Hours	79	(1)
Leave	80	(1)
Parental Leave	80	(1)
Vacation Leave	81	(1)
Other Leave	81	(1)
Antidiscrimination	81	(9)
Overview and Framework Legislation on Discrimination	81	(3)
Gender Discrimination	84	(1)
Constitutional Provision	84	(1)
Statutory Requirements	84	(2)
Hiring, Promotion, and Affirmative Action	86	(1)
Equal Pay	87	(1)
Sanctions	87	(1)
Marriage and Maternity Leave Issues	88	(1)
National or Ethnic Origin, Race, Skin Color, Religion, or Other Belief	88	(1)
Disability Discrimination	89	(1)
Sexual Orientation	90	(1)
Occupational Safety and Health and Workers' Compensation	90	(3)
The Four Cornerstones of the Act	91	(1)
Safety Committees; Safety Delegates	92	(1)
Work Environment Agency	92	(1)
Workers' Compensation	93	(1)
Pensions and Benefits	93	(2)
Statutory Plans	94	(1)
Private Pension Plans	95	(1)
Immigration	95
Turkey	1	(1)
Introduction	1	(1)
Sources of Turkish Labor Law	2	(1)
The Constitution	2	(1)
National Labor Legislation	3	(1)
Individual Relations	3	(1)
Collective Relations	4	(1)
Social Security	4	(1)
International Sources	4	(1)
Government Agencies	5	(1)
The Ministry of Labor and Social Security	5	(1)
Supervision and Inspection	5	(1)
Exemption From Fees and Taxes	5	(1)
Turkish Employment Agency	6	(1)
Social Security Institution	6	(1)
Labor Courts	7	(1)
Individual Employment	8	(28)
Individual Contract of Employment	8	(1)
Historical Background	8	(1)
Legislation Concerning Individual Employment	8	(1)
Basic Legislation	8	(1)
Turkish Constitution No. 2709 (Turkiye Cumhuriyeti Anayasasi)	8	(1)
Labor Law No. 4857 (Is Kanunu)	8	(1)
Maritime Labor Law No. 854 (Deniz Is Kanunu)	9	(1)
Law Concerning the Relationship Between Workers and Employers at Press No. 5953 (Press Labor Law, or Basin Is Kanunu)	10	(1)
Code of Obligations No. 818 (Borclar Kanunu)	10	(1)
Specific Legislation	10	(1)
Law on Rest at Noon No. 6301 (Ogle Dinlenmesi Kanunu)	10	(1)
Law on Weekend Holiday No. 394 (Hafta Tatili Hakkinda Kanun)	10	(1)
Law on National Holiday and General Holidays No. 2429 (Ulusal Bayram ve Genel Tatiller Hakkinda Kanun)	10	(1)
Law on Combat Against Terrorism No. 3713 (Terorle Mucadele Kanunu)	11	(1)
Law on General Health No. 1593 (Umumi H1 rfz1 is1 ihha Kanunu)	11	(1)
Law Allowing Foreigners of Turkish Origin to Freely Perform Their Professions in Turkey and to Work at Public and Private Undertakings No. 2527 (Turk Soylu Yabancilarm Turkiye 'de Meslek ve Sanatlar in 1 Serbestce Yapabilmelerine, Kamu, Ozel Kurulus veya Isyerlerinde Calistirilabilmelerine Iliskin Kanun)	11	(1)
Other Related Legislation	12	(1)
Labor Courts Law No. 5521 (Is Mahkemeleri Kanunu)	12	(1)
Law on Associations No. 2908 (Dernekler Kanunu)	12	(1)
Apprenticeship and Occupational Training Law No. 3308 (Ciraklik ve Meslek Egitimi Kanunu)	12	(1)
Regulations	12	(4)
Employment Not Covered Under the Labor Law	16	(1)
Excluded Categories	16	(1)
Transitory Employment	17	(1)
Employer's Notice	17	(1)
Individual Employment Contracts	18	(1)
Requirement of a Written Contract	18	(1)
Contract Terms	18	(1)
Probationary Period	19	(1)
Gang Contracts	19	(1)
Contracts for a Definite Term	20	(1)
Temporary Employment	21	(1)
Part-Time and Full-Time Employment Contracts	21	(1)
Work on Call	22	(1)
Worker Dismissal	22	(1)
Termination of a Probationary Worker	22	(1)
Termination With Advance Notice	22	(1)
Termination Without Cause	23	(1)
Termination in Accordance With Articles 18--21	24	(1)
Termination Due to Cause Without Advance Notice	25	(1)
Termination by the Employer	25	(1)
Health reasons	26	(1)
Grounds of bad faith, immorality, or other misconduct	26	(1)
Force majeure	27	(1)
Other causes	28	(1)
Termination by the Worker	28	(1)
Health reasons	28	(1)
Grounds of bad faith, immorality, or other misconduct	28	(1)
Force majeure	29	(1)
Mass Termination	29	(1)
Additional Employer Obligations	30	(1)
Unjust Termination	31	(1)
By the Employer	31	(1)
By the Worker	31	(1)
Severance Pay (Kydem Tazminaty)	32	(2)
Replacement and Re-employment	34	(1)
Privacy	34	(1)
Covenants Not to Compete, Trade Secrets, Employee Duty of Loyalty	34	(1)
Covenants Not to Compete	34	(1)
Trade Secrets	35	(1)
Employee Duty of Loyalty	35	(1)
Collective Bargaining	36	(19)
Introduction	36	(1)
Union Organization	37	(1)
Union Recognition	38	(1)
Conditions for Recognition	38	(1)
Authorization (Yetki Belgesi)	38	(2)
Levels of Bargaining	40	(1)
Workplace Collective Agreement (Isyeri Toplu Is Sozlesmesi)	40	(1)
Undertaking Collective Agreement (Isletme Toplu (Is) Sozlesmesi)	41	(1)
Effect of the Agreement	41	(1)
Effect on the Parties	41	(1)
Effect on Employment Contracts	41	(1)
Subjects of Bargaining	42	(1)
Extension of Collective Labor Agreements	42	(1)
Duration of the Collective Labor Agreement	43	(1)
Duration and Expiration	43	(1)
Obligation of Peace	44	(1)
Application of a Single Collective Labor Agreement	44	(1)
Strikes and Other Industrial Action	44	(1)
Conditions for a Legal Strike	44	(1)
Rules Concerning the Conduct of Strikes and Lockouts	45	(1)
Safeguarding the Freedom to Work	45	(1)
Maintaining the Security of the Workplace	45	(1)
Suspension of Work	46	(1)
Protecting the Rights of Strikers	46	(1)
Picketing and Handbilling	46	(1)
Prohibited Strikes and Lockouts	47	(1)
Postponement of Strikes and Lockouts	47	(1)
Slowdowns and Sit-Ins	48	(1)
Ending a Legal Strike	48	(1)
Consequences of Legal Strikes	48	(1)
Consequences of Illegal Strikes and Collective Actions	49	(1)
Lockouts	50	(1)
Third-Party Resolution of Disputes	50	(1)
Rights Disputes	50	(1)
Voluntary Arbitration	50	(1)
Mediation	51	(1)
The High Arbitration Board (Yuksek Hakem Kurulu)	51	(1)
Union Security	52	(1)
Union Membership	52	(1)
Freedom to Organize and Join Unions	52	(1)
Membership Rights and Dues	53	(1)
Antidiscrimination	54	(1)
Representation of Workers	55	(1)
Redundancy and Transfers of Undertakings	56	(2)
Redundancy	56	(1)
Transfers of Undertakings	56	(1)
New Owner's Duty to Abide by the Terms of the Collective Agreement	56	(1)
Effect of a Change in Ownership on Workers' Status and Benefits	56	(1)
Transfer of the Employment Contracts	56	(1)
Severance Payments	57	(1)
Annual Leave	58	(1)
Wages, Hours, and Leave	58	(14)
Wages	58	(1)
Wage Payments	58	(1)
Minimum Wage	59	(1)
Overtime and Extra Hours Pay	59	(1)
Overtime Work	59	(1)
Extra Hours Work	60	(1)
Tip Income	60	(1)
Hours	61	(1)
Arranging of Work	61	(1)
Working Hours	61	(1)
Work for Compensation	61	(1)
Short-Time Work and Payment for Short-Time Work	62	(1)
Periods Considered as Working Time	62	(1)
Regulation of Time and Rest Periods	63	(1)
Restrictions on Night Work	63	(1)
Overtime Work	64	(1)
Ordinary Overtime	64	(1)
Overtime in Case of Emergency	65	(1)
Overtime During Mobilization	65	(1)
Leave	66	(1)
Paid Annual Leave	66	(1)
Determination of the Right to Paid Annual Leave	66	(1)
Implementation of Paid Annual Leave	67	(2)
Recordkeeping	69	(1)
Paid Time Off for Rest and Holidays	69	(1)
Weekly Rest Period	69	(1)
Public Holidays	69	(1)
Common Provisions	70	(1)
Other Leaves	71	(1)
Maternity and Family Leave	71	(1)
Time Off for Military Service or Statutory Labor Service	72	(1)
Antidiscrimination	72	(4)
The Principle of Equal Treatment	72	(1)
Specific Categories of Protection	73	(1)
Women	73	(1)
Children	74	(1)
Disabled Persons, Ex-Convicts, and Victims of Terrorism	74	(1)
Union Membership and Activity	75	(1)
Occupational Safety and Health and Workers' Compensation	76	(6)
Safety and Health in the Workplace	76	(1)
Health and Safety Conditions	76	(1)
General Obligations	76	(2)
Workplace Doctors	78	(1)
Engineers and Technical Staff	78	(1)
Rights of Employees	78	(1)
Heavy and Dangerous Work	79	(1)
Enforcement Mechanisms	79	(1)
Suspension of Work and Workplace Closing	79	(1)
Workers' Health and Work Safety Boards	80	(1)
Penalties Relating to Workers' Health and Safety	81	(1)
Workers' Compensation	82	(1)
Pensions and Benefits	82	(3)
Summary of Main Legal Instruments Regulating Social Insurance System	82	(1)
Social Insurance Benefits	83	(1)
Coverage	83	(1)
Social Insurance Law	83	(1)
Other Social Security Coverage	84	(1)
Employer Contributions	84	(1)
Benefits	85	(1)
Immigration	85
Work Permits	85	(2)
The Status of Foreign Workers	87
Part 2. NAFTA/NAALC and Member Countries
NAFTA/NAALC
Member Countries
Canada
Mexico
United States
Northern Mariana Islands (part of United States)
Puerto Rico (part of United States)
Part 3. Miscellaneous Countries
Africa
South Africa
Asia
China
Hong Kong (part of China)
Japan
India	1	(1)
Introduction	1	(1)
Branches of Government	2	(1)
Executive Branch	2	(1)
Legislative Branch	3	(2)
The Judicial Branch	5	(1)
Subordinate Courts	6	(1)
High Courts	7	(1)
Supreme Courts	8	(1)
Original Jurisdiction	8	(1)
Appellate Jurisdiction	9	(1)
Advisory Jurisdiction	10	(1)
Public Interest Litigation	10	(1)
The Labor Law Regime	10	(1)
Constitution as the Basis for Labor Legislation	10	(1)
Fundamental Rights	10	(1)
Directive Principles of State Policy	11	(1)
``State to secure a social order for the promotion of welfare of the people''	11	(1)
``Certain principles of policy to be followed by the state''	11	(1)
``Right to work, to education, and to public assistance in certain cases''	12	(1)
``Conditions of work''	12	(1)
``Living wage for workers''	12	(1)
``Participation of workers in management of industries''	13	(1)
The Statutory System (Concurrent List)	13	(1)
Relevant Central Government Labor Agencies and Courts	14	(1)
Central Government Ministry of Labour	14	(1)
Functions of the Ministry of Labour	14	(1)
Structure of the Ministry of Labour	15	(5)
State Government Ministries of Labor	20	(1)
Labor Courts and Other Government Dispute Resolution Bodies	20	(1)
International Sources of Labor and Employment Law	21	(1)
Individual Employment	22	(7)
Contract Formation	22	(1)
Drafting of Service Contract	23	(1)
Obligations of the Parties	24	(1)
Employers' obligations	24	(1)
Employees' obligations	24	(1)
Termination	25	(1)
Cases Where the Employer May Legally Initiate Termination	25	(1)
Cases Where the Employee May Legally Initiate Termination	25	(1)
Notice and Termination Process	25	(1)
Dispute Resolution	26	(1)
Privacy	27	(1)
Workplace Surveillance	27	(1)
Data Protection	28	(1)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	28	(1)
Employee Duty of Loyalty and Trade Secrets	28	(1)
Covenants Not to Compete	28	(1)
Collective Bargaining	29	(12)
History of Trade Unionism	30	(1)
Regulation of Unions and Employer Associations	30	(1)
Registration	30	(3)
Recognition of Trade Unions	33	(1)
Employee/Member Rights and Restrictions	33	(1)
Collective Bargaining Agreements	34	(1)
Subjects for Collective Bargaining	34	(1)
Types of Collective Bargaining Agreements	34	(2)
Deadlocks and Disputes	36	(1)
Private Arbitration	36	(1)
Government Dispute Resolution Bodies	37	(1)
Strikes and Other Industrial Actions	38	(1)
Demonstrations and Meetings	38	(1)
Work Slowdowns	39	(1)
Picketing, Sit-Down Strikes, and Sit-Ins	39	(1)
Standard Strikes or Lockouts	39	(2)
Representation by Entities other than Unions	41	(4)
Government-Mandated Employee Monitoring and Dispute-Resolution Bodies	42	(2)
Organizations Not Established by the Government	44	(1)
Redundancy and Transfers of Undertakings	45	(6)
Redundancy	45	(1)
Layoffs	46	(1)
Layoffs Under Chapter V-A	46	(2)
Layoffs Under Chapter V-B	48	(1)
Retrenchment	48	(1)
Closure of an Undertaking or Place of Employment	49	(1)
Transfers of Undertakings	50	(1)
Effect of Transfer of Undertaking on Individual Contracts	50	(1)
Effect of Transfer of Undertaking on Collective Bargaining Contracts	50	(1)
Wages, Hours, and Leave	51	(6)
Wages	51	(1)
Constitutional Directives	51	(1)
Statutory Provisions	52	(1)
The Minimum Wages Act, 1948	52	(2)
Hours	54	(1)
Working Hours Under the Minimum Wages Act, 1948	54	(1)
Working Hours Under the Factories Act, 1948	54	(1)
Overtime	55	(1)
Overtime Pay Under the Factories Act, 1948	55	(1)
Overtime Pay Under the Minimum Wages Act	55	(1)
Leave	56	(1)
Annual Leave	56	(1)
Pregnancy, Childbirth, and Family Leave	56	(1)
Sick Leave	56	(1)
Military Service	57	(1)
Antidiscrimination	57	(3)
Discrimination on the Grounds of Religion, Race, Caste, Sex, or Place of Birth	57	(1)
Additional Prohibitions Against Sex Discrimination	58	(1)
Preferences for Women and Minorities	58	(1)
Preferences for Women	58	(1)
Preferences for Scheduled Castes and Tribes	59	(1)
Preferences for Disabled Individuals	59	(1)
Age Discrimination	60	(1)
Occupational Safety and Health and Workers' Compensation	60	(6)
Occupational Safety and Health	60	(1)
Safety	60	(3)
Health	63	(1)
Workers' Compensation	63	(3)
Pensions and Benefits	66	(11)
Introduction	66	(1)
Laws Implementing Social Security Schemes	67	(1)
The Workmen's Compensation Act, 1923	67	(1)
The Employees' State Insurance Act, 1948	68	(1)
Benefits	68	(1)
Coverage	68	(2)
Funding	70	(1)
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952	70	(1)
Benefits	70	(1)
Coverage	71	(1)
Funding	71	(1)
Employees' Deposit-Linked Insurance Scheme, 1976	71	(1)
Coverage	71	(1)
Benefits	71	(1)
Funding	71	(1)
The Employees' Pension Scheme, 1995	72	(1)
Benefits	72	(1)
Coverage	72	(1)
Funding	72	(1)
The Maternity Benefit Act, 1961	73	(1)
Benefits	74	(1)
Coverage	74	(1)
Funding	75	(1)
The Payment of Gratuity Act, 1972	75	(1)
Benefits	75	(1)
Coverage	76	(1)
Funding	76	(1)
Immigration	77
Work Sectors Prohibited to Foreigners	78	(1)
Permission Process for Indian Employers	78	(1)
Visa Process for Foreign Workers	79	(1)
Registration of Foreigners	79	(1)
Obtaining a Registration Certificate/Residential Permit	80	(1)
Approval of Remuneration of Foreign Nationals	80	(1)
Restrictions on Movement of Foreigners	81	(1)
Employment Termination Law Governing Foreigners	81	(1)
Departure from India	81	(2)
Appendix	83
Singapore	1	(1)
Introduction	1	(1)
Work Force of Singapore	1	(2)
Structure of Singapore's Government	3	(1)
President	3	(1)
Parliament	3	(1)
Judicial System	4	(1)
Singapore's Economy	5	(1)
Sources of Singapore's Labor and Employment Laws	6	(1)
Individual Employment	7	(11)
Contract Formation	7	(1)
Full-Time and Part-Time Workers	8	(1)
Termination	8	(1)
Termination for Cause	8	(1)
Termination Without Cause	9	(1)
Third-Party Resolution of Employment Disputes	10	(3)
Privacy	13	(1)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	14	(1)
Employee Duty of Loyalty	15	(1)
Trade Secrets	15	(2)
Covenants Not to Compete	17	(1)
Collective Bargaining	18	(22)
Unions Defined	19	(1)
Union Membership	19	(1)
Union Recognition Process	20	(1)
Registration	20	(1)
Recognition	21	(1)
Jurisdictional Disputes	21	(1)
Structure of Unions	22	(1)
Rights and Privileges of Unions	22	(1)
Funding	22	(2)
Establishment of Registered Union Office	24	(1)
Dissolution and De-Registration	24	(1)
Amalgamation	25	(1)
Collective Agreements	25	(1)
Negotiating Terms and Conditions of Employment	25	(1)
Effect of the Collective Agreement	26	(1)
Extension of a Collective Agreement	27	(1)
Duration of the Collective Agreement	28	(1)
Scope of the Collective Agreement	28	(1)
Strikes and Other Industrial Action	29	(1)
Strikes and Industrial Actions	29	(2)
Lockouts	31	(1)
Picketing	31	(1)
Penalties	32	(1)
Third-Party Resolution of Labor Disputes	32	(5)
Union Security	37	(1)
Protections for Union Members	37	(1)
Right to Join a Union	37	(1)
Remedies for Dismissal Due to Union Activities	38	(1)
Rights and Privileges of Union Officers	39	(1)
Representation by Entities Other Than Unions	40	(1)
Redundancy and Transfers of Undertakings	40	(2)
Redundancy	40	(1)
Transfers of Undertakings	41	(1)
Wages, Hours, and Leave	42	(10)
Wages	42	(1)
General	42	(2)
Salary Period	44	(1)
Overtime Pay	44	(1)
Deductions	45	(1)
Hours	46	(1)
Daily Working Hours and Breaks	46	(1)
Duration of Workweek and Overtime Limitations	46	(1)
Flexible Hours	47	(1)
Night Work	47	(1)
Rest Days	48	(1)
Leave	48	(1)
Annual Leave	48	(1)
Holidays	49	(1)
Maternity Leave	49	(2)
Military Service Leave	51	(1)
Sick Leave	51	(1)
Antidiscrimination	52	(4)
Age Discrimination	53	(1)
Employment of Children	54	(1)
Pregnant Women	55	(1)
Occupational Safety and Health and Workers' Compensation	56	(5)
Occupational Safety and Health	56	(1)
Safety and Health Provisions of the Factories Act	56	(2)
Accommodations and Medical Care in the Workplace	58	(1)
Inspections	58	(1)
Workers' Compensation	59	(2)
Pensions and Benefits	61	(6)
Central Provident Fund	61	(4)
Health and Disability Funds	65	(1)
Skills Development and Lifelong Learning Funds	66	(1)
Immigration	67
South Korea	1	(1)
Introduction	1	(1)
Government Structure	1	(1)
Legislative Branch	1	(1)
Executive Branch	2	(2)
Judicial Branch	4	(1)
Overview of South Korean Labor Law	4	(1)
Characteristics of South Korea's Labor Relations System	5	(1)
Structural Characteristics	5	(1)
Functional Characteristics	6	(1)
Sources of Labor Law	6	(1)
Constitution	6	(1)
Legislation	7	(3)
Court Decisions	10	(1)
Administrative Interpretation	10	(1)
Custom	11	(1)
International Sources of Labor Law	11	(1)
Labor Administration	11	(1)
Ministry of Labor	12	(1)
Labor Relations Commission	12	(1)
Labor Inspector	13	(1)
Individual Employment	14	(12)
Individual Employment Contracts	14	(1)
Individual Employment Law	15	(1)
Labor Standards Act: Defining Rights and Responsibilities	15	(2)
Applicability	17	(1)
Protection of Minors and Women	18	(1)
Regulation of the Employment Process	18	(1)
Employee Dismissal	18	(1)
Protection against dismissal	18	(1)
Dismissal for just cause	19	(1)
Notice for dismissal	19	(1)
Severance pay	20	(1)
Wrongful termination case	20	(1)
Rules of Employment (Work Rules)	21	(1)
Contents	22	(1)
Filing Requirements	22	(1)
Changes to the Rules	22	(1)
Employee Privacy	22	(1)
Legal Principles That Protect Employees	23	(1)
Korean Civil Code	23	(1)
Contract	23	(1)
Korean Criminal Code	24	(1)
Korean Labor Standards Act	24	(1)
Job Security Act	24	(1)
Data Protection Laws	24	(1)
Real Name Financial Transaction Law	24	(1)
Protection and Usage of Credit Information Law	25	(1)
Information and Telecommunication Network Use Promotion and Information Protection Law	25	(1)
Employee Duty of Loyalty, Trade Secrets, Covenants Not to Compete	25	(1)
Employee Duty of Loyalty	25	(1)
Trade Secrets	25	(1)
Covenants Not to Compete	26	(1)
Collective Bargaining	26	(20)
Trade Union and Labor Relations Adjustment Act	26	(1)
Structure and Organization of Trade Unions	27	(1)
Trade Union Organization	28	(1)
National Federations	28	(1)
Phase-In of Multiple Unions	29	(1)
Creation of a Union	29	(1)
Civil Servants	30	(1)
Dissolution	30	(1)
Collective Agreements	30	(1)
Form	30	(1)
Duration	31	(1)
Relation to Labor Laws and Individual Employment Contracts	32	(1)
Scope	32	(1)
Breach of Collective Bargaining Agreement	33	(1)
The Bargaining Process	33	(1)
Subjects of Collective Bargaining	34	(1)
Good Faith Bargaining	34	(1)
Mediation	35	(1)
Collective Action	36	(1)
Union Actions	36	(1)
Employer Actions	37	(1)
Lockout	37	(1)
Striker Replacement	38	(1)
Defense and Public Service Industries	38	(1)
Union Liability for Collective Actions	38	(1)
Third-Party Intervention	39	(1)
Third-Party Dispute Resolution	39	(1)
Unofficial Procedures	39	(1)
Mediation	40	(1)
Arbitration	40	(1)
General Procedures	40	(1)
Public Service Industries	40	(1)
Unfair Labor Practices	41	(1)
Union Security	42	(1)
Right to Join or Refrain From Joining a Union	42	(1)
Open Shop	43	(1)
Union Shop	43	(1)
Closed Shop	43	(1)
Eligibility for Union Membership	44	(1)
Dues Checkoff	44	(1)
Employer Compensation for Union Officials	45	(1)
Union Activities During Working Hours	45	(1)
Use of Office Facilities	46	(1)
Representation by Entities Other Than Unions	46	(7)
Introduction---Labor Management Councils	46	(1)
Provisions of the 1997 Act	47	(1)
Structure of Labor Management Councils	48	(1)
Employer Obligations	48	(1)
Composition of Labor Management Councils	48	(1)
Service as Officers and Members of Labor Management Councils	49	(1)
Operation of Labor Management Councils	50	(1)
Labor Management Council Bylaws	50	(1)
Duties and Powers of Labor Management Councils	51	(1)
Consultation Items	51	(1)
Report Items	52	(1)
Agreement Items	52	(1)
Management of Employee Grievances: Grievance Committee	53	(1)
Redundancies and Transfers of Undertakings	53	(3)
Redundancy	53	(1)
Layoffs	54	(1)
Separation Programs	55	(1)
Transfers of Undertakings	56	(1)
Wages, Hours, and Leave	56	(9)
Wages	56	(1)
Definition of Wage	56	(1)
Minimum Wage Act	57	(1)
Payment of Wages	58	(1)
Working Hours, Overtime, and Rest Periods	58	(1)
Working Hours and Overtime	58	(1)
Alternative Working Hours Systems	59	(1)
Flexible Working Hours Systems	59	(1)
Discretionary and Deemed Working Hour System	60	(1)
Rest Periods	60	(1)
Restrictions on Women and Minors	61	(1)
Paid Holidays and Leaves	61	(1)
Holidays	61	(1)
Weekly Day Off	61	(1)
Monthly Leave	62	(1)
Annual Leave	62	(1)
Maternity and Other Female Leave	63	(1)
Sick Leave	63	(1)
Military Leave and Training	64	(1)
Special Leave	64	(1)
Child-Care Leave	64	(1)
Exempt Employees	64	(1)
Antidiscrimination	65	(3)
Statutes Establishing a Variety of Protected Classifications	65	(1)
Labor Standards Act	65	(1)
Employment Security Act	65	(1)
Basic Employment Policy Act	65	(1)
Gender-Equality Employment Act	65	(2)
Sexual Harassment	67	(1)
Handicapped Persons Employment Act	67	(1)
Older Persons Employment Promotion Act	67	(1)
Act on the Honorable Treatment of Patriots and Veterans	68	(1)
Occupational Safety and Health and Workers' Compensation	68	(7)
Safety and Health	68	(1)
Labor Standards Act	69	(1)
Industrial Safety and Health Act	69	(1)
Employee Health Restrictions	69	(1)
Restrictions on Harmful or Dangerous Work	69	(1)
Employees' Health Check-up	70	(1)
Employer Obligations	70	(1)
Managing the System of Industrial Safety and Health	70	(1)
Preventative Measures	70	(1)
Protective Devices for Electrically Powered Machines and Tools	71	(1)
Restrictions on Manufacture of Harmful Materials	71	(1)
Safety and Health Education	71	(1)
Workplace Inspections	71	(1)
Protection From Retaliation	71	(1)
Workers' Compensation	72	(1)
Specific Components of the Program	72	(1)
Compensation for Medical Treatment	72	(1)
Compensation for Suspension of Work	73	(1)
Compensation for Permanent Disabilities	73	(1)
Compensation for Survivors	73	(1)
Funeral Expenses	73	(1)
Lump Sum Compensation	74	(1)
Exceptions to Employer Liability	74	(1)
Exempt Employers	74	(1)
Pensions and Benefits	75	(7)
Pension System	75	(1)
Contributions and Benefits	75	(1)
Basic Requirements	75	(1)
Types of Benefits	76	(1)
Expatriate Employees	76	(1)
Health and Disability Benefits	77	(1)
National Health Insurance	77	(1)
Employment Promotion Fund for the Handicapped	78	(1)
Employer Subsidies and Financial Aid	78	(1)
Vocational Training	78	(1)
Facilities and Transportation Financing	79	(1)
Unemployment Insurance System	79	(1)
Other Employment-Related Programs	80	(1)
Basic Employment Policy Act and Employment Security Act	80	(1)