Переведите на русский язык слова и словосочетания из текста.

to mediate many aspects

to be entitled to

disciplinary procedure

statutory rights

administration of labour law

usual practice

social security

body of laws

legal rights

regulations

a set of rulings

to negotiate an agreement

to describe terms

 

Найдите в тексте английские эквиваленты русским словам и словосочетаниям.

страхование на случай нетрудоспособности

зарплата и вознаграждение

условия труда

трудовые отношения

безопасность и благосостояние

профсоюзы

предусмотренный законом

договор о найме (трудовой договор)

занятость

место работы

увольнение

больничный лист

часы работы

положение

 

Согласитесь или опровергните утверждения, используя речевые модели, выражающие согласие или несогласие, изученные ранее.

1. Labour law does not deal with employment of labour.

2. Labour law also deals with family relations.

3. The contract of employment is the agreement between the employer and trade unions.

4. Labour law regulates the relationship between employers and employees.

5. There are no special rules about employment of children and young people.

6. The statutory rights are legal rights based on laws passed by Parliament.

7. A trade union cannot negotiate a contract of employment with an employer.

5. Прочитайте определения и соотнесите их с данными словами и словосочетаниями.

1. fixed or controlled by law

2. money paid by an employer to a worker who cannot work because of illness

3. a condition in an agreement or law

4. work that you do to earn money

5. an act of removing someone from their job

6. physical problems that make someone unable to use a part of their body properly

7. the ability to control your behaviour or way of working

8. something that you complain about because you feel you have been treated unfairly

 

A disability

B discipline

C dismissal

D employment

E statutory rights

F provision

G sick pay

H grievance

 

EMPLOYMENT LAW

Part I.

Read the text, match each of these headings with the paragraph to which it best corresponds:

a. Filing an appeal               e. Termination of employment

b. Protecting the disabled    f. Sources of employment law

c. Courts and Tribunals       g. Employment legislation

d. Labour Law

 

1 Employment Law entails contracts between employers and employees which are normally controlled by specific legislation. In the UK, certain laws have been enacted regulating the areas of sex discrimination, race relations, disability, health and safety, and employee rights in general. Also, certain aspects of employment contracts are covered by Trade Union and Labour Relations Acts 1992.

2 The law protects disabled persons by making it unlawful to discriminate against such persons in the interviewing and hiring process and regarding the terms of the offer of employment. Employers are required to make reasonable adjustments in the place of work to accommodate disabled persons. However, cost may be taken into account when determining what is reasonable.

3 Matters related to termination (прекращение) of employment, such as unfair dismissal, discriminatory dismissal or redundancy dismissal (увольнение по сокращению штата), are governed by the Employment Rights Act 1996. Also, certain aspects of termination of employment are governed by the Trade Union and Labour Relations Act 1992 when the decision to terminate employment is in some way related to the activities of a trade union.

4 Employment law relates to the areas covered above, while labour law refers to the negotiation, collective bargaining and arbitration processes. Labour laws primarily deal with the relationship between employers and trade unions. These laws grant employees the right to unionise and allow employers and employees to engage in certain activities (e.g. strikes, picketing, seeking injunctions, lockouts) so as to have their demands fulfilled.

5 Employment law can be found in a number of different sources. The main sources are the common law, legislation and European law. Other sources include codes of practice and regulations, journal articles, the Internet and employment encyclopedias can also be an invaluable source of information.

6 Employment law disputes are initially heard either in the County Court, High Court or in the Employment Tribunal (суд по трудовым спорам). Whether the aggrieved party brings his claim in a court or tribunal will depend on the nature of the dispute. Claims concerning breach of contract, wrongful dismissal and applications for injunctions are brought in the courts. Claims involving unfair dismissal, discrimination, equal pay, redundancy pay, deductions of wages (удержание), and maternity rights are heard in the Employment Tribunal. In other words, claims involving breach of the common law or contract are brought in the courts and claims involving a breach of a statute are brought in the Employment Tribunal.

The exception to this is that there are some claims for breach of contract that can be brought either in the courts or a tribunal.

7 Any appeal against the County Court's decision would be heard in the Court of Appeal and then the House of Lords. Any appeal from the Employment Tribunal would be heard in the Employment Appeal Tribunal, from there in the Court of Appeal and then the House of Lords. If the case involved a question of European law, it might be referred to the European Court of Justice. Decisions of the ECJ are binding on other courts/tribunals and form 'precedents' for future cases, but the ECJ is not bound by its own previous decisions.

The European Court of Human Rights hears cases made by either an individual or a contracting (договаривающееся) state. Either applies stating that they believe themselves to have suffered due to a violation of the European Convention for the Protection of Human Rights and Fundamental Freedom.

 

Active Vocabulary

to entail -влечь за собой

to enact -устанавливать, предписывать, постановлять, принимать (закон)

disability -недееспособность; неправоспособность; ограничение право- и/или дееспособности

reasonable adjustments -разумные приспособления

to accommodate -приспосабливать

unfair dismissal -несправедливое [нечестное] увольнение

collective bargaining-переговоры о заключении коллективного договора

to unionise -объединять в профсоюзы; вступать в профсоюз

to seek injunction -добиваться судебного запрета

lockout -локаут

code of practice -зд. сборник практик

invaluable -бесценный, неоценимый

aggrieved party -потерпевшая, пострадавшая сторона

redundancy pay -выплата при сокращении

maternity rights -права матери и ребенка

freedom of conscience -свобода совести

wrongful dismissal -неправомерное увольнение

 

Vocabulary Focus

1. Match the words to form collocations as they appear in the text. Make your own sentences using these collocations:

1 specific                                                 a) rights

2 sex                                                        b) union

3 employment                                         c) legislation

4 disabled                                                d) process

5 trade                                                      e) discrimination

6 hiring                                                     f) adjustments

7 reasonable                                             g) contract

8 discriminatory                                       h) dismissal

9 collective                                               i) persons

10 seeking                                                 j) bargaining

11 invaluable                                            k) injunctions

12 aggrieved                                             l) pay

13 redundancy                                          m) source

14 maternity                                             n) party

2. Match the terms to their definitions:

1 enact                 a) the condition of being unable to perform a task or function

                                 because of a physical or mental impairment

2 disability          b) supply or provide

3 adjustment       c) having great value that is impossible to calculate; priceless

4 accommodate  d) an association of employees formed to improve their                  

                           incomes and working conditions by collective bargaining with       

                           the employer or employer organizations

5 trade union       e) feeling resentment at having been treated unjustly

6.collective

bargaining          f) the act of adjusting or state of being adjusted; a control for

                              regulating

7 invaluable    g) an enactment of a legislative body expressed in a formal

                      document; a permanent rule made by a body or institution for the

                         government of its internal affairs

8 aggrieved    h) negotiation between one or more trade unions and one or                     

                     more employers or an employers’ organization on the incomes and

                       working conditions of the employees

9 statute               i) to make into an act or statute; to establish by law

 

3. Fill in the gaps with prepositions:

1 Employment law entails contracts ………….employers and employees which are

normally controlled ……specific legislation.

2 Some aspects …………..employment contracts are covered …….Trade Union and Labour Relations Act.

3 Employers are required to make reasonable adjustments …………the place ……..work to accommodate disabled persons.

4 Cost may be taken ………….account when determining what is reasonable.

5 Matters related …………termination of employment are governed ………….the

Employment Rights Act 1996.

6 Claims concerning breach ………….contract, wrongful dismissal and applications ………injunctions are brought ………the courts.

7 The exception …………this is that there are some claims …………breach of contract that can be brought either ……….the courts or a tribunal.

8 Any appeal …………the County Court’s decision would be heard ……..the Court of Appeal and then the House ……..Lords.

 

4. Choose the correct answer:

1 What is wrongful dismissal?

a) Dismissal was because the employee did something wrong

b) Dismissal occurs when the employee had less than 1 years service

c) An employer is in breach of contract when they attempted to terminate the contract

d) Dismissal was because an employee was a Trade Union member

 

2 What is unfair dismissal?

a) Someone is sacked for being unable to continue with their job

b) An employee’s post has clearly become redundant

c) When an employee is sacked because of their links with the Trade Union

d) An employee is sacked for misconduct

 

3 When is it unlawful to discriminate against someone because of their race, gender,

sexual orientation or disability?

a) When recruiting them

b) When promoting and paying them

c) When dismissing them

d) All of the above

 

5. Answer the following questions:

1 What do you understand by the phrase reasonable adjustments in paragraph 2?

2 What factors do you think might be taken into account when deciding if an adjustment is reasonable?

3 What does the phrase nature of dispute in paragraph 6 mean?

4 In what circumstances can an employer lawfully discriminate against a disabled person at the recruitment stage?

5 What steps would you advise an employer to take before rejecting an application from a well-qualified, but seriously disabled job applicant?

 

Grammar focus.

6. Identify the Complex Object in the following sentences. Translate the sentences into Russian:

1 The Employment Rights Act 1996 requires the employer to provide the employee with a document containing the terms and conditions of employment.

2 Some laws allow employees to unionise and engage in certain activities.

3 The directives might allow people to bring claims against governments and other state employers, such as local councils.

4 European law-makers have provided for legislation to forbid any discrimination on the basis other than sex.

5 In the UK, the law provides for sex-discrimination cases to be brought before an

employment tribunal, which has the power to award compensation to the claimant.