Legal Aspects of Employment
Added on 2019-09-30
2 Pages978 Words199 Views
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Ans 2 – Employer is correct jerry will not get termination pay as termination pay is given tothose who are immediately terminated or removed from the employment without any priorinformation. Jerry was already informed about termination as store was not doing a lot ofbusiness it was not a surprise for jerry as employer told him about his termination process 5weeks before. Information given before the time period is more important rather than employeeworking for many years. According to employment laws in India Termination Act of 1954, anemployer cannot terminate an employee who has been with the corporation for more than 3months without giving the employee at least 30 days of notice or a salary in lieu of such notice.Ans 3- Abusiness may pay an independent contractor and an employee for the same or similarwork, but there are important legal differences between the two. For the employee,the companywithholds income tax,Social Security,and Medicare from wages paid. Forthe independentcontractor, the company does not withhold taxes.Employment and labor laws also do not applyto independent contractors.Cecil seems as a independent contractor because as independent contractor, he also openlymarket his services, and his also engaged for specific project and was specific time period. Anindependent contractor are also not eligible foe company benefit so it is advisable to hire cecil asindependent contractor. Independents may have also there own employees, sub contractors orpartners consultancy who help them to complete work task so they can easily build a market forprotein bars.(If independent do engaged extra resources, they alone are responsible for the taxresponsibilities and filling and reporting requirements for there workers. Hence hearing cecil asindependent contractor is win win situation.Ans 4- Gina need not to be concern about this as she is free to resign and terminate the contract.As according to Article 19(1)(g) of constitution which provides all the citizens to practice anyprofession to carry on any occupation, trade or business. And as per Indian Contract ACT, 1872section 27 agreement in restraint of trade is void and person is free to do any work but she is notallowed to use the name of the salon she was working. It is advisable to Gina not to tell herregular customers about her new business as in her contract with Great Look in one clause it isclearly mention that she is not allowed to solicit any of the great looks costumers on behalf ofany hair salon or hair styling business for one year.Ans 5- Article 25 of Indian constitution provides freedom of conscience and free profession ,practice and propagation of religion and Article 25(2) Explanation clearly provides wearing andcarrying of kirpan which includes wearing of turban shall be deemed to be included in theprofession of seek religion. In many workplaces, employers, to ensure employee health andsafety and compliance with applicable laws, require their employees to wear a cap. However,some employee may refuse to wear a cap because of their religious beliefs or for some otherreason. So Ed can deny to wear the sailors’ cap only on the ground that company wants allemployees to look professional and well groomed and be immediately identified as security. Asit will be an violation of his fundamental right.
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