Home Job Interview Tips Questions For Job Appliers

The most effective ends of the interview tips for jobs of employment are often less surprisingly: to make your research, must the examples of ready speech realization relate to it, a handshake fixes for is arranged to equip and give. Fine could be that of assistance must the following scenario reflect. With a certain intention, an employee for will have sat its or in competition with of other candidates his own employment which it or it currently carries out, interviewed in order to which concerning the opening in a publicity of newspaper since you spoken of a trailing voice is not could suppose that a play on their premises. The current employee would precisely know what conditions of the employment could be, which successes evaluated the company, and concerning each one of these elements of a certain way could speak which it most with the interview tips for jobs would resound.

Each candidate has a question of the conversation of employment which it fears like them especially others. For certain candidates, the interview tips and questions can which to be which would explanation; inexperience aims: you this manner ace preceding modeling financial one day finished? For others, this question dreaded is that unpleasantly like very flattering the experiment does not sound: why you could tell your preceding employment? Left but what the reason which does not want a candidate there also specific question, he or her answer a thing with interview tips for jobs safety has to know: this question will be put. It is almost like if the interviewers’ one or another type have of sixth direction that them, like mite with a flame, with the right to this question, of practice with right the features since the beginning of conversation is quite effective.

The interview tips and questions of the employment have that in the current of the decades the qualified candidates of the employer’s research had. While the conversations without a structure or the theory behind the questions were led, the interview training today of can a manuscript or a process functions that specifically by the profession of technique of interview, it was considered. These interview techniques and tips are addressed reveal the truth of the made preparations of the candidate for the position, and to identify the potential employee came this most suitable to the centre and the beginning in the position of goal is actively.

Currently, one of the interview techniques and tips popular what the companies above mentioned behavior uses the technique interview training. One of largest the gaps which our education system has is the lack of the conversation of simple formation employment in the syllabus between small kind school and the graduate school. Much graduate goes from their secondary schools and the universities with the abundance interview tips for jobs specific of knowledge in their craniums, but without the lightest indication concerning how with to obtain the employment which them in a situation of interview tips for jobs wanted. Firstly, research. Secondly, prepare of the answer.

Thirdly, practice. To put the formation in the action this conversation of employment, takes a glance at the time of the list of the conditions. For example you that have possible it was discovered; the direction of a team in lower part of deadlines tightened; a duty is regularly the employment goal to carry out. The attempt of a time in your past you require at this time that the aptitude think showed as the being evaluated the result obtained with interview tips and questions.

Job Interview Tips Questions For Job Appliers

The most effective ends of the interview tips for jobs of employment are often less surprisingly: to make your research, must the examples of ready speech realization relate to it, a handshake fixes for is arranged to equip and give. Fine could be that of assistance must the following scenario reflect. With a certain intention, an employee for will have sat its or in competition with of other candidates his own employment which it or it currently carries out, interviewed in order to which concerning the opening in a publicity of newspaper since you spoken of a trailing voice is not could suppose that a play on their premises. The current employee would precisely know what conditions of the employment could be, which successes evaluated the company, and concerning each one of these elements of a certain way could speak which it most with the interview tips for jobs would resound.

Each candidate has a question of the conversation of employment which it fears like them especially others. For certain candidates, the interview tips and questions can which to be which would explanation; inexperience aims: you this manner ace preceding modeling financial one day finished? For others, this question dreaded is that unpleasantly like very flattering the experiment does not sound: why you could tell your preceding employment? Left but what the reason which does not want a candidate there also specific question, he or her answer a thing with interview tips for jobs safety has to know: this question will be put. It is almost like if the interviewers’ one or another type have of sixth direction that them, like mite with a flame, with the right to this question, of practice with right the features since the beginning of conversation is quite effective.

The interview tips and questions of the employment have that in the current of the decades the qualified candidates of the employer’s research had. While the conversations without a structure or the theory behind the questions were led, the interview training today of can a manuscript or a process functions that specifically by the profession of technique of interview, it was considered. These interview techniques and tips are addressed reveal the truth of the made preparations of the candidate for the position, and to identify the potential employee came this most suitable to the centre and the beginning in the position of goal is actively.

Currently, one of the interview techniques and tips popular what the companies above mentioned behavior uses the technique interview training. One of largest the gaps which our education system has is the lack of the conversation of simple formation employment in the syllabus between small kind school and the graduate school. Much graduate goes from their secondary schools and the universities with the abundance interview tips for jobs specific of knowledge in their craniums, but without the lightest indication concerning how with to obtain the employment which them in a situation of interview tips for jobs wanted. Firstly, research. Secondly, prepare of the answer.

Thirdly, practice. To put the formation in the action this conversation of employment, takes a glance at the time of the list of the conditions. For example you that have possible it was discovered; the direction of a team in lower part of deadlines tightened; a duty is regularly the employment goal to carry out. The attempt of a time in your past you require at this time that the aptitude think showed as the being evaluated the result obtained with interview tips and questions.

How Do I Show My Employer That I Am Authorized To Work In The United States?

You need to prove that you are eligible to work in the United States because an employer has to verify your eligibility to be able to legally hire you. You need to prove your eligibility by providing documents that support your case. The employer has to verify these documents and complete form I-9 Employment Verification Document, to record his verification of your documents establishing your right to work in the United States.

Refugee:

Refugees have the advantage of their status. If you happen to have entered the United States as a refugee, then your refugee status allows you to seek and get employment. The I-94 Arrival-Departure Record that you would have received at the Port of Entry would have been stamped, ”Employment Authorized”. This means that the USCIS will issue you an Employment Authorization Document either at the Port of Entry or at the earliest instant after you enter the United States.

Using the I-94 and an official photo-identity document like a driver’s license or a valid passport, the refugee can apply for a Social Security Card. The Social Security card or the EAD can be used as a document to establish your eligibility to work.

If you are going to get a job before you receive the EAD or the Social Security card, you can use your I-94 as evidence of your eligibility. However, this document allows you eligibility to work only for 90 days. You are required to provide the other documentation within these 90 days to continue with your job.

How can a refugee get an Employment Authorization Document (EAD)?

As a refugee, you need not apply for an Employment Authorization Document. The EAD will be issued to you once you enter the United States because an application for an EAD for you is already available with all the other documents that are a part of the refugee travel packet. The immigration officer at the Port of Entry takes this application and sends it for expeditious processing so that you get the EAD at the earliest. The agency that was responsible tor your re-settlement in the United States will deliver your EAD to you.

Asylee:

In case you entered the United States as an asylee or were granted asylee status in the United States, then your status will grant you eligibility to secure employment. Once the asylum office, an immigration judge or the Board of Immigration Appeals grants you asylum status, you will be issued an Employment Authorization Document.

Using the I-94 and an official photo-identity document like a driver’s license or a valid passport, the asylee can apply for a Social Security Card. The Social Security card or the EAD can be used as a document to establish your eligibility to work.

How can an asylee get an Employment Authorization Document (EAD)?

You may not need to have an EAD to prove your eligibility to work in the United States. You also need not apply for an EAD if your asylum status was granted by the USCIS, as the Asylum Office will automatically process an application for you.

However, things change slightly if you were granted asylum by an immigration judge or the Board of Immigration Appeals (BIA). In this case, you will receive instructions guiding you on how you can make an application for an EAD, which you may receive separately or as a part of your BIA decision.

Per the instructions, you will have to go to the USCIS website and make an appointment through the Infopass system. You will then have to go to the local USCIS office for your EAD to be processed for you. The EAD will be mailed to you promptly.

If you do not wish to go to the local USCIS office in person, you can send in an application for the EAD by mail. You will also have to send the BIA decision or the Immigration Court order along with your application or take it with you to your appointment.

If you already received your EAD and you want to renew it, you need to file Form I-765, Application for Employment Authorization.

Answers To Legal Assistant Employment Application Questions

Businesses and law groups which provide legal services to their consumers hire paralegal associates and trainees who support them in their legal activity. Every company requirements a very good and knowledgeable worker for itself and it’s the exact same in case of legal groups, they require intelligent paralegals that have thorough knowledge about legal proceedings. Just before the official hiring and recruitment in the paralegals, the corporations or groups take a screening test and an interview to scan the candidates. This technique helps to identify the correct person from the group who has being selected. A general legal questionnaire is prepared by staff which includes questions from the respective field. Sometimes paralegal job interview questions are really tricky and simple fact oriented where a person has to give correct references for his answers. Paralegal interview isn’t as simple as the favorite task interviews are as it requires the base of details and their appropriate legal points in their support.

Generally, most on the legal corporations look for a great legal assistant so they don’t ask about legal procedures and related laws like “what is your knowledge about formal legal proceedings? This a weird type of question if asked from a legal assistant inside a paralegal interview. The main focus is for the candidate’s easy skill and search abilities, whether a candidate can probe out detailed analysis about a legal scenario. Some legal corporations ask for strengths and weaknesses of an individual who is searching for an employment in your paralegal assistant. These sorts of questions are irrelevant for the job but they supply an initiating factor for a formal session or sometime it may possibly start with asking a person’s name. Generally, candidates who have completed their paralegal training make it through simply because they have rich knowledge about a number of legal aspects. And after the paralegal job interview questions arrive to civil matters, they commonly ask queries related to intellectual home rights and real estate laws.

Paralegal interview questions like “why must we take you like a paralegal? This kind of questions are very confusing and put a candidate inside a quandary case because a single wrong word can make the case worse. In this respect a correct resolution based answer is required which can justify the question. Sometimes the paralegal job interview questions may be from employer employee relation; just the basic rules nothing in depth is required. If somebody has already got some experience like a paralegal then question could be asked about his work like his branch of working, documentation program is incredibly important. If any question is related to past jobs experience then the answer need to be said inside a professional way simply because this will help somebody in elevating his profile. There are lots of open shut questions which have been asked like “Describe 1 of your worst experiences”. Somebody has to react professionally and ought to respond having a precise answer rather than indulging in details. Inside a paralegal interview, they may possibly ask about a person’s confidence level or his motivation techniques. Mainly the questions asked are from professional background of a person for instance his past experiences.

Philosophy Of Pre-employment Document Verification – ‘trust, But Verify’

Document verification is the process of ensuring that documents presented by prospective employees are genuine and that the holder is the rightful owner. It is an integral part of the pre-employment screening process. Back Check’s philosophy for safe hiring is to ‘Trust, But Verify’. Unsavory candidates will often conceal their past criminal or employment histories, which can lead companies to make poor hiring decisions.

Why documents verification is so much important in a current scenario? Because hiring new employees is a costly as well as time consuming process in such fast pace business and corporate environment. As the recession in past five years have taken all the opportunities far away from the job seeking applicants, the inflation in document forgery and exaggeration has increased.

Every day we hear about companies employing staff who turn out NOT to be whom they say they are. A comprehensive research shows that around 1 in 5 job applicants falsify their resume or documents to some degree. Estimates show that the cost of a bad hire and replacement is around 150% of the salary. Percentage of forged academic documents has increased over the years creating a huge gap of trust between employers and the candidates.

Document Verification Is Effective

Documentation serves as a basis for pinpointing areas where employees are performing well and those that need improvement, communicating specific feedback to employees, reaching more accurate decisions, and defending actions if litigation or other challenges arise. There is an expectation by employees, other management, hearing officers, investigators, judges, and juries that the employer will have documentation in place to support employment decisions.

Primary source documents verification of the educational documents is very necessary as it will let you know that the documents are forged or not. It inquires about the dates of degree started and completion, attendance during the educational period, performance and character etc.

Checking criminal records is also important as part of the process of document verification. You’ll need to protect your business from liability by doing criminal background checks on applicants who will be your prospective employees in future to avoid employee fraud/theft.

It is important that pre-employment document verification processes are integrated within every employer’s wider pre-employment screening strategy. The fastest, reliable and yet economical source for document verification is independent background check companies. As they are well conversant with all the procedures regarding background screening procedures and they have all the strong links to make sure the investigation is true, targeted and accurate.

Due to security concerns and the high cost of recruiting, many companies are using pre-employment screeners to background prospective hires which minimize the huge risks of business/customer loss. In addition to checking for previous criminal activity, these firms also verify your educational and employment information. The majority of these screening companies use your job application, not your resume, to check your credentials.

Guide to Employment Law in China

I. EMPLOYMENT LAW LEGISLATION

1. What legislation governs employment law in China?

Employment law in China is governed by a relatively comprehensive set of laws, more recently supplemented in late 2007 to strengthen workers’ rights.

Major laws include:

– Labour Law of the People’s Republic of China (1994) (“Labour Law”)

– Labour Contract Law of the People’s Republic of China (2007) (“Labour Contract Law”)

– Labour Arbitration and Dispute Resolution Law of the People’s Republic of China (2007) (“Labour Arbitration Law”) (effective May 1, 2008)

– Trade Union Law of the People’s Republic of China (1994)

These laws and then supplemented by a myriad of national and local laws, regulations, measures and circulars.

2. Are there different laws which govern foreign-invested employers and domestic Chinese employers?

The Regulations on Labour Management in Foreign Investment Enterprises (1994) governs employment by Sino-foreign equity and cooperative joint ventures, along with Sino-foreign joint stock companies. The Regulations very much mirror that of the Labour Law. Additionally, as any inconsistency with the Labour Law will be resolved according to the higher-level law, little reference is made to these Regulations.

II. LABOUR AGREEMENTS

1. What are the different types of employment contacts?

Employment in China, like most other jurisdictions, is divided into full-time and part-time. According to the Labour Contract Law, part-time employment is defined as a labour relationship in which the employee works, on average, no more than 4 hours per day and no more than the aggregate of 24 hours per week.

Employment relationships which exceed the hours in this definition are termed full-time employment, which is further divided into 3 types:

1) fixed term: expiry date agreed upon at outset;

2) open-ended / non-fixed term: no expiry date stipulated; or

3) project-based / completion of defined task: contract to expire on completion of pre-defined project or task.

2. What are the requirements of a labour contract?

According to the Labour Law and the Labour Contract Law, other than part-time employment, all labour contracts must be in writing and contain the following terms:

– name, address and legal representative of the employer;

– name, address and identification number of the employee;

– term of labour contract;

– job description and work site;

– working hours, rest and vacation;

– labour remuneration;

– social insurance;

– labour conditions, working conditions and occupational hazard prevention; and

– other matters stipulated by laws and regulations.

If the labour contract contains a probationary period only (sometimes called “a probationary period contract”), then the probation term set out therein is deemed to be the term of the labour contract and the probationary period is invalidated.

3. What are the penalties associated with not signing a written employment agreement?

A labour relationship commences on the date on which the employee commences work for the employer, and by law, it is required that a written labour contract be concluded within one month of this time.

If a labour contract is not concluded within the one month of commencement, the employer will be liable to the employee for double labour remuneration, of up to 1 year. After 1 year with no written labour contract, fixed-term labour contracts are deemed to be open-ended.

4. What is the maximum probationary period allowable by law?

Maximum probation periods allowed by law are as follows:

– less than 3 months: no probation period;

– 3 months to 1 year: 1 month;

– 1 year to 3 years: 2 months; and

– 3 years or more or open-ended: 6 months.

5. If I am in the process of establishing a company in China, however, need to hire employees in the interim, what can I do?

Technically, as your China company cannot yet contract, it cannot hire employees until it meets all the formal registration requirements. However, as business requirements dictate that you will need staff immediately or soon after you get started in China, many foreign companies contract with a labour services provider such as CIIC or FESCO to hire the employees and then second them to their start-up operations. They then, either transfer their employment contracts when established or continue to maintain the labour services relationship.

III. WAGES, BENEFITS AND SOCIAL SECURITY

1. What are the components of wages or salaries?

According to the Provisional Regulations for the Payment of Wages (1994), wages or salary are composed of:

– wages based on time;

– wages based on piece-work;

– bonuses;

– subsidies;

– allowances;

– overtime payments; and

– wages paid under special circumstances.

According to the Minimum Wages Provisions (2004) and based on the minimum wage standards promulgated locally, employers may not pay their employees less than the current minimum wage standard.

2. What are the standard working hours and when am I required to pay overtime?

The standard working hours in China are 8 hours per day, 5 days per week, for a maximum working period of 40 hours, with 2 rest days (typically Saturday and Sunday). Any additional requirements by the employer must be compensated according to the standard set out below:

– Working days: 150% standard wages;

– Rest days: 200% standard wages; and

– Holidays: 300% standard wages.

3. What are the national public holidays?

National public holidays (as of 2008) are set out below:

– New Year’s Day (January 1): 1 day;

– Spring Festival (lunar new year, typically January or February): 3 days;

– Women’s Day (March 8): half day for women;

– Qingming Festival (April 5): 1 day;

– May Day (May 1): 1 day;

– Dragon Boat Festival (5th day of 5th lunar month): 1 day;

– Mid-autumn Festival (15th day of the 8th lunar month): 1 day; and

– National Day (October 1 – 3): 3 days.

4. What are the social security payments required by law?

Employers are obligated to provide the following benefits and social security payments to employees:

– Basic old age insurance;

– Unemployment insurance;

– Medical insurance;

– Maternity insurance; and

– Work-related injury insurance;

The employee and employer jointly contribute to the first 3 types of insurances, while the employer alone contributes to the latter 2, with rates varying based on location of employment.

IV. NON-COMPETE AND CONFIDENTIALITY

1. Can all employees be subjected to non-compete obligations?

Not all employees can nor should be bound by non-competition obligations. The Labour Contract Law limits employees who may be bound by non-compete obligations to:

– senior management;

– senior technical personnel; and

– those employees who have access to business secrets of the employer.

It is required that the employee and employer conclude a written agreement, either separately or in the labour contract, with regards to term, scope, territory, compensation during the non-compete period and liquidated damages for employee breach.

The maximum term for the non-compete is 2 years.

2. What are the typical compensation requirements for non-competes?

Although it is required that compensation be paid on a monthly basis to the employee during the non-compete period, the law does not state a standard amount. In practice, it is common to pay at least 50% of the employee’s wages.

3. Are liquidated damages permissible for breach of non-compete obligations?

Yes.

V. TERMINATION AND ‘LAYOFFS’

1. Under what circumstances can an employee be terminated without notice?

An employer may terminate an employee without requirement for notice in the following situations:

– during the probation period, if the employee is determined to be unfit for the position;

– employee materially breaches employer’s rules and regulations;

– employee engages in serious dereliction of duty, graft or corruption causing substantial damages to the employer’s interests;

– employee has established an employment relationship with another employer and that relationship affects the completion of his tasks and he refuses to appropriately remedy the situation after employer notification;

– employee used fraud in concluding the labour contract; or

– employee is subject to criminal investigation.

2. Under what circumstances must an employee be given notice of termination?

An employer must give 30 days’ prior written notice or payment in lieu thereof, if it terminates the labour contract under the following situations:

– the employee is unable to perform his original duties or re-assigned duties, after returning from medical leave or non-work-related injury;

– the employee is incompetent and remains incompetent after training or adjustment of position; or

– the occurrence of a major change of objective circumstances which were relied upon when signing the labour contract, and the employee and employer are unable to agreed on modified terms of the labour contract.

3. Under what circumstances may an employee terminate the labour contract without notice?

An employee may unilaterally terminate the employment contract without requirement for notice in the following instances:

– employer fails to provide labour protections and working conditions in accordance with the labour contract;

– employer fails to pay remuneration in full and on time;

– employer fails to pay social security payments in accordance with the law;

– employer’s rules and regulations violate laws and regulations, harming the employee’s rights and interests;

– employer uses fraud, coercion or the employee’s unfavorable position to conclude the contract; or

– other situations set out in laws and regulations.

4. In what instances is compensation required and how much?

Severance compensation is due in a number of situations, which are summarized below:

– termination by employee under situations which result in his right to terminate the contract immediately (Item 3, discussed previously);

– termination by employer under situations which require 30 days’ prior written notice (Item 2, discussed previously);

– the employee is terminated due to restructuring or difficulties in business operations;

– the labour contract is terminated after being proposed by employer and there is mutual agreement on termination;

– a fixed-term labour contract expires (except where employee refuses to renew the contract on terms equal to or better than previously concluded);

– termination of labour contract due to revocation of employer’s business license; and

– termination of labour contract due to bankruptcy.

Employers must pay severance in the amount of one month’s salary for each year of service, with half a month’s salary for each partial year.

If the employee earns more than 3 times the average monthly wage of the locality, then the compensation will be capped at 3 times the average monthly wage, up to a maximum of 12 months.

5. Can employees be ‘laid off’?

Under the following circumstances, labour contracts may be terminated due to business difficulties:

– restructuring due to the Enterprise Bankruptcy Law;

– serious difficulties in production or operations;

– a staff reduction is necessary due to changes in production, technical innovation or adjustment of management operation style; or

– other major changes in economic circumstances relied upon at the time of conclusion of the labour contract, rendering them non-performable.

For large-scale layoffs (20 or more employees, or in smaller organizations where employee layoffs are less than 20 employees but this accounts for 10% or more of the total employees), the employer must first explain the circumstances to the trade union or all employees (where there is no trade union) 30 days in advance, and may reduce the workforce only after consideration of the opinions of the trade union or employees and reporting the restructuring plan to the labour administration.

VI. LABOUR ARBITRATION AND DISPUTE RESOLUTION

1. How are labour disputes resolved in China?

Like most jurisdictions, mediation is the preferred method of dispute resolution, however, this is a voluntary process. The Labour Arbitration Law provides that mediated settlement agreements for salaries, medical fees for job-related injuries, severance and penalties may be entered into court for enforcement.

Labour dispute claims, according to the Labour Law and the Labour Arbitration Law, must first be submitted to the local labour arbitration committee located in the jurisdiction of the employer. The labour arbitration committee must then render its award within 45 days after the dispute has been accepted.

Arbitration decisions are final for employers in the following instances: salaries, medical fees for job-related injuries, severance, and penalties, where the disputed amount does not exceed an amount equal to 12 months’ local minimum wage.

Employees and employers (with the exception of those instances set out previously) may within 15 days of the arbitration award submit the dispute to the people’s court for hearing.

2. What is the statute of limitations for bringing a labour dispute claim?

The limitation period is 1 year after the employee knew or should have known that their rights have been infringed, however, if the dispute occurs under an existing labour contract, the limitation period does not start until the labour contract has expired or has been terminated.

For further information, please contact:

Gregory Sy

Vice-chair, International Practice Group

Tel: 86-10-6517-1188

Email: [email protected]

Gregory M. Sy is Foreign Counsel with Grandall Legal Group. His practice includes general corporate/commercial work in China, particularly in the areas of international corporate structuring and transactions. Representative clients include the Consulate of the United States of America in China (Shenyang), Embassy of Brazil, various publicly listed companies (NYSE, AIM, DAX, BSE), along with numerous other SME’s operating in a wide range of industries. Mr. Sy obtained an LL.B. from the University of Victoria (Canada), and is admitted to the New York bar. Gregory publishes extensively on a variety of China legal issues for international and local publications, and has recently acted as chief editor for Martindale’s China Law Digest and regularly contributed to Lexis-Nexis.

Article Source: http://EzineArticles.com/expert/Gregory_Sy/233410

Article Source: http://EzineArticles.com/1297125

Termination of Employment in Cyprus

The Employment Law (100(1)/2000) in Cyprus includes both statute and case law. Specifically, Cyprus statute law contains issues related to the termination of employment, paid leave, annual social insurance, maternity leave, equal treatment at work e.t.c. The Labour Disputes Courts deals with issues related to the rights of employees and employers.

The Employment Law applies to every employee who has a contract or employment relationship in the private, public and semi-governmental sector.

The Employment Law does NOT apply to:

· employees whose total period of employment is less than one month;

· employees whose total hours of employment is less than eight hours in a given week;

· employees whose employment is of a casual nature and/or particular nature under the condition that in these cases the non-application of the Law is justified by objective reasons;

In this article, our employment lawyers will present the primary aspects of termination of employment in Cyprus, i.e. notice period, unlawful termination of employment and redundancy.

Under the Termination of Employment Law (24/1967), an employer intending to dismiss an employee, who has completed at least 26 weeks of continuous employment, is obliged to give the employee a minimum period of notice based on the length of his/her service, as illustrated below:

26 -51 weeks work (6 months- 1 year)

One week notice

52 – 103 weeks work (1-2 years)

Two weeks notice

104 – 155 weeks work (2-3 years)

Four weeks notice

156- 207 weeks work (3-4 years)

Five weeks notice

208 – 259 weeks work (4-5 years)

Six weeks notice

260 – 311 weeks work (5-6 years)

Seven weeks notice

More than 312 weeks work (more than 6 years)

Eight weeks notice

Unlawful termination of employment:

Following the Termination of Employment Law, an employee whose employment has been terminated unlawfully after completing 26 weeks of continuous employment with an employer is entitled to receive compensation. In addition, an employee who quit his/her job due to his/her employer’s conduct is also eligible to receive compensation. Second of all, it should be clarified that the amount of compensation is determined by the Labour Disputes Court following an application by the employee.

When assessing the amount of compensation, the Court takes into account the following criteria:

· The remuneration of the employee;

· The duration of employee’s service;

· The restriction of employee’s career prospects;

· The age of the employee;

· The circumstances of employee’s dismissal;

An employee cannot claim compensation if he/she terminated his/her employment for one of the following reasons:

· In case the termination of employment held as an outcome of redundancy, Act of God, war, riots, extreme weather conditions, etc.;

· In case of dismissal due to redundancy;

· In case the employment is terminated at the end of fixed-term contract;

· In case the dismissal is due to employee’s fault;

How to receive compensation for unlawful dismissal:

Submitting an application for unlawful dismissal compensation requires a professional legal support. An employment lawyer will assist you with all the necessary legal and administrative procedures so that to help you to get the compensation you deserve. Therefore, if you wish to receive a customised legal support contact one of our lawyers.

Redundancy:

The amount of redundancy payment is calculated as illustrated below:

Period of continuous employment

Amount of redundancy payment

Up to 4 years

2 Weeks wages for each year of continuous employment

More than 4 and up to 10 years

2.5 Weeks wages for each period of continuous employment

More than 10 and up to 15 years

3 Weeks wages for each year of continuous employment

More than 15 and up to 20 years

3.5 Weeks wages for each year of continuous employment

More than 20 and up to 25 years

4 Weeks wages for each year of continuous employment

How to claim redundancy payment:

In order to get payment from the Redundancy Fund, the employee must make a claim on the prescribed form, that can be found on Social Insurance Offices, Citizen’s Service Centre and the official website of the Ministry of Labour and Social Insurances.

The claim must be submitted to the closest Social Insurance Office, within three months at latest from the date of termination of employment. Nevertheless, in cases where the employee proves that he/she had a good reason for the delay, payment may be approved given that the claim is made within 12 months from the date of termination of his/her employment.

Article Source: http://EzineArticles.com/expert/Michael_Chambers/2206157

Article Source: http://EzineArticles.com/9386303

How to Get Finance With Unusual Employment

An increasing number of people are choosing flexible working opportunities with their employers, as it enables them to successfully combine both their lifestyle arrangements and their family commitments.

However, many have found that when it comes to visiting their local bank branches while looking for a home loan, car and truck loan or even equipment finance, their local bank is still apprehensive towards them. And, it is because of their irregular working hours:

1. They don’t seem to fit into the strict lending guidelines set out by banks; and

2. They are not seen by banks as holding down a stable job with a regular income.

What the Common Unusual Employment Types?

Here are some of the common unusual employment types:

1. PAYG (pay-as- you- go) contractors

2. Casual workers

3. Part-time workers

4. Self-employed individuals

5. Sub-contractors

6. People with other forms of income

Type 1 – PAYG Contractors

PAYG contractors are normally employed via an agency or directly via their employer. This form of employment is now common in a variety of fields such as:

>> Medical;

>> Engineering;

>> IT (Information Technology);

>> Mining;

>> Project Management;

>> Construction; and

>> Government.

So, if you are a PAYG contractor and you are looking for finance, here is a list of things that lenders/credit providers will require you to provide:

1. You will be required to provide a copy of your most recent “Employment Contract”, with income details listed;

2. You will need to provide evidence that you have a minimum of 12 months employment in the same industry and that you have a good track record in your chosen industry; and

3. You will need to provide evidence that your employer or employment agency takes care of your income tax and superannuation contributions for you.

Note: If you are not on the direct payroll of an employer or employment agency, you may be treated as being self-employed.

Type 2 – Casual Workers

This type of employment applies to people working on a casual basis in the following industries:

1. Restaurants;

2. Retail;

3. Teaching and Tutoring;

4. Nursing;

5. Childcare;

6. Trades;

7. Drivers; and

8. Cleaning.

If you are a casual employee, you will need to provide evidence that you have been employed at the same place for at least 6 months.

Lenders/credit providers will calculate your average earnings over a set period, and count this as your income. However, if you want to work out your own average earnings, then you can use an income annualisation calculator to calculate your own average earnings.

Type 3 – Part-Time Employees

If you are employed on a part-time basis, you will find that lenders/credit providers will generally require you to:

1. Provide evidence that you have been employed at your current place of employment for at least 6 months: and

2. Provide copies of the following documents:

>> Current computerised pay-slip covering a minimum of two (2) pay cycles in order to confirm details of your base income; and

>> PAYG Summaries; or

>> A signed letter of employment from your employer listing details of your current base-remuneration.

Type 4 – Self-Employed Individuals

You are self-employed if you run your own business. You are categorised as self-employed individual even when you are conducting freelance work as a journalist, photographer, tour guide, etc. In such a situation, you will find that most lenders/credit providers will require you to provide evidence that you have a regular income to sustain a loan. This includes providing evidence that:

1. You are a business owner or partner;

2. You have been trading in your current business for at least 24 months;

3. Your business provides a steady income; and

4. You will be required to provide copies of:

>> Your most recent Personal and Business Income Tax Returns, and

>> One set of the business financial statements, reflecting two (2) years trading activity

Note: If you conduct freelance work with an employer, you may find that lenders/credit providers may require you to provide a copy of the written agreement between you and the employer that outlines your pay and conditions.

Type 5 – Sub-Contractors

Sub-contractors have specialized skills and they are generally employed by a primary contractor to provide specialized services in a variety of fields such as:

1. Building and Construction;

2. Mining;

3. Civil Engineering; and

4. IT (Information Technology).

Note: Many sub-contractors have little to no overheads and no staff and most are typically self-employed. In a sense they are similar to PAYG contractors.

Type 6 – Other Forms of Income

If you receive any other form of income and you are unsure if it is acceptable to lenders/credit providers, you should seek help from a qualified and licensed finance broker or a mortgage broker. You can even seek financial and legal advice from your accountant and solicitor. These other forms of income can include:

1. Centrelink payments;

2. Commissions and Bonuses income;

3. Trust Distributions income;

4. Car Allowances;

5. Annuity Income from Superannuation;

6. Director’s fees;

7. Second Job income;

8. Investment income (i.e. Dividends received from publicly listed companies); or

9. Court Ordered Maintenance payments.

Seek Expert and Professional Advice

If you still have doubts regarding your employment status and want to obtain finance, you can seek help of a finance broker. You should opt for a professional qualified finance broker because he/she will have experience of dealing with many lenders/credit providers on a regular daily basis. Also, he/she will be familiar with the lending guidelines and credit policy requirements of a number of lenders/credit providers.

Singh Finance is Australia’s best finance brokerage firm that employs a team of expert and professionally qualified finance brokers who are willing to help and guide you through the loan process requirements, and if you require finance they will also help you in obtaining car loans, pharmacy loans, business equipment finance and plethora of other finance packages. Call on 0424 190 or enquire online now.

Article Source: http://EzineArticles.com/expert/Frank_Zelasko/1780079

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What Is Co-Employment and How Can It Benefit Your Business? Part 1

Employers encounter a wide range of business jargon and terms throughout their day. Some are less common than the next. “Co-employment” is one such term. What exactly is co-employment, and how can it benefit your business?

The term co-employment loosely refers to any relationship in which an employee is employed by more than one employer. While this may sound strange or uncommon, it in fact happens more than one might expect. This relationship typically falls into one of three categories:

Joint-Employer
Employer-of-Record
Professional Employer Outsourcing (or Organization)

1) Joint-Employer

When an employee works for two employers simultaneously, and in the best of interest of both employers, these businesses are known as joint-employers.

An example of this type of relationship made the news recently when a manager for two small regional airlines sued one of his employers for FMLA violations. This employer only had 30 employees and therefor fell below the minimum FMLA threshold of 50 employees. The employer denied the claim on these grounds. However, the litigant simultaneously worked for another airline, which employed over 300 employees – well over the FMLA limit. The courts determined that the employee was co-employed equally by both businesses – both logos appeared on his business card, he represented both companies in negotiations, and his name appeared on both business directories. The court found the employee’s FMLA rights were indeed violated as the co-employer relationship between the businesses pushed their total over the 50 employee limit.

This type of relationship may in fact pose more of a risk to one employer or the other, as their combined employee size may expose them certain employment regulations that only apply to higher employee thresholds. Employers who co-employ workers should weigh the benefits of this type of relationship against some of the increased risks they may face.

2) Employer-of-Record

Another co-employment relationship can found with temporary staffing or contingent workforce relationships. This is also known as Employer-of-Record (EOR).

In these relationships, the staffing or contingent workforce firm acts as the EOR which legally employs their clients’ temporary or contingent workforce. The EOR hires and provides temporary staff to their clients, usually for short-term projects or seasonal work. In so doing, the EOR assumes all the core employment responsibilities typically shouldered by the business. This includes administering much of the IRS and HR regulatory compliance related to employees. The EOR issues their pay-checks, pays the associated payroll taxes, files the relevant quarterly and year-end taxes, covers the employees with workers’ compensation insurance, manages the employee benefits and administers unemployment claims and insurance.

Through this type employment relationship, the EOR protects its clients from a wide range of employment regulations and risks. The EOR manages workers’ compensation claims, hires, on-boards and terminates employees, performs background checks, and handles general employee relations activities for the contingent workforce.

For employers who need short-term staff but don’t want the hassle of recruiting, hiring and managing these employees, the Employer-of-Record route may be the perfect solution.

3) Professional Employer Outsourcing

The third and most beneficial co-employment relationship falls under the category of Professional Employer Organizations, or PEOs, which we will discuss in our next article.

Article Source: http://EzineArticles.com/expert/Ari_Rosenstein/77707

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New Penalties for Employing Illegal Overseas Workers in Australia

On 1 June 2013 the Migration Amendment (Reform of Employer Sanctions) Act 2013 and the Migration Amendment Regulation 2013 (No. 3) came into effect.

The Act introduces new civil penalties for Australian employers that employ workers from overseas who are not allowed to work, or employ overseas workers in breach of work-related visa conditions.

Under the new laws, employers are liable even if they do not know that a worker is not allowed to work or has work-related visa conditions.

Employers may also be liable even if the illegal worker was referred to them by an employment agency.

Executive officers of companies (directors, secretaries, CEOs and CFOs) may also be liable if they do not take all reasonable steps to prevent the company from employing illegal workers.

However, if employers can prove that they took “reasonable steps at reasonable times” to verify that their workers are allowed to work in Australia without breaching their visa conditions, they will not be liable.

Employing non-Australian workers – the basics

Australian citizens and New Zealand citizens who live in Australia are allowed to work in Australia.

People from other countries need to hold a visa to legally enter or remain in Australia.

Some visas do not allow the visa holder to work at all. Other visas have work-related conditions that restrict the type or amount of work the visa holder can do.

Offences

It is illegal to allow a non-citizen who does not hold a visa to work.

It is illegal to allow a non-citizen who holds a visa to work in breach of a work-related condition of their visa.

It is illegal to refer a non-citizen for work if they do not hold a visa or if it breaches a work-related condition of their visa.

Employers who are visa sponsors have additional obligations that are not dealt with in this article. It is an offence to breach those sponsorship obligations.

Penalties and fines for employers

The new civil penalties for employers range from $1,530 for individuals and $7,650 for companies for a first infringement notice to a maximum civil penalty of $15,300 for individuals and $76,500 for companies.

There are also criminal penalties including imprisonment and substantial fines for employers who knew, or were reckless as to whether the worker was not allowed to work or had work restrictions.

Required checks

The new laws require Australian employers to take “reasonable steps at reasonable times” to verify that their workers are allowed to work in Australia without breaching their visa conditions.

Australian citizens, permanent residents or New Zealand citizens

Before employing workers who claim to be Australian citizens, Australian permanent residents or New Zealand citizens, employers should inspect official documents that verify the worker’s citizenship status.

Workers from overseas

Before employing overseas workers, employers should check their visa details AND work-related visa conditions on the Department of Immigration and Citizenship’s Visa Entitlement and Verification Online (VEVO) computer system.

Temporary visas – employers should note the visa expiry date of workers who hold temporary visas and check VEVO again immediately after that date to ensure the workers have been granted a new visa and check for any work-related visa conditions.

Bridging visas are short-term visas with no fixed expiry date usually granted while the visa holder awaits the outcome of a visa application. Employers should check VEVO regularly to ensure that workers who hold bridging visas continue to hold a visa and check for any work-related visa conditions.

Workers referred by contractors or labour hire companies

On 1 June 2013 the Migration Amendment (Reform of Employer Sanctions) Act 2013 and the Migration Amendment Regulation 2013 (No. 3) came into effect.

The Act introduces new civil penalties for Australian employers that employ
workers from overseas who are not allowed to work, or employ overseas workers in breach of work-related visa conditions.

Before employing workers referred by a third party, employers should get written verification that they are allowed to work in Australia and whether they have any work-related visa conditions.

Recordkeeping

The onus is on employers to prove that they took reasonable steps to verify that their workers are allowed to work in Australia without breaching their visa conditions.

It is therefore vital that employers keep records of all checks that they do including the dates they do them and to keep copies of any related documents such as passports that they inspect.

Duties of executive officers

Executive officers of companies should take all reasonable steps to ensure the company complies with all laws relating to employing non-Australian workers.

All of the company’s employees, agents and contractors who are from overseas or who are involved in hiring, rostering or supervising employees from overseas should be given any necessary training to ensure that the company does not employ overseas workers in breach of work-related visa conditions.

Written by Registered Migration Agent Svenja Greer from Australia Direct Visas and Migration

The team at Australia Direct can give advice and assistance to Australian employers who wish to employ overseas workers, including:
•advice about sponsorship obligations
•assistance with preparing & lodging sponsorship & nomination applications

Guide to Employing Overseas Workers

Article Source: http://EzineArticles.com/expert/Svenja_Greer/1693759

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