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What is the order of termination of the employment contract in the event that the employer of the employment contract?
1. The employment contract with the employee by the employer may be terminated if:
1) Elimination of the employer - legal person or termination of the employer - a natural person;
2) reducing the number of employees or staff;
3) non employee position or work due to lack of skills;
4) failure employee for the position or work due to health conditions, impeding the continuation of this work;
5) the negative result of the period of probation;
6) absence of the employee from work without good reason, for three or more hours per working day (shift);
7) to find an employee to work in a state of alcoholic, narcotic, psychotropic, for abuse of intoxication (their counterparts), including in cases of use during the working day of substances that cause of alcohol, drugs, drunkenness for abuse (their counterparts);
List the contents of the employment contract.
The content of the employment contract - a collection of his condition. What conditions can and must contain an employment contract is determined by Article. 57 Labour Code. First of all, the employment contract shall state the name, first name of the employee and the employer's name (last name, first name of the employer - natural person). Name of the employer should be complete, ie correspond to the name that is specified in its founding documents (in particular, in the charter of the organization).
Next, specify all the conditions that are essential (necessary):
* Place of work (with the structural unit);
* Date of commencement of work;
* Job title, profession, occupation, with the qualifications in accordance with the staffing of the organization or a concrete job function;
* Rights and obligations of the employee;
* Rights and obligations of the employer;
* Characteristics of working conditions, compensation and benefits to employees for work in difficult, dangerous and / or hazardous conditions;
* Work and rest (if in respect of the employee I differ from the general rules set out in the organization);
* Terms of remuneration (including base wage rate or salary employee, bonuses, allowances and bonuses);
Compare the features of the totalitarian and democratic political system.
Democratic regime - characterized by a high degree of political freedoms, the actual exercise of his rights, allowing it to influence the governance of society. The political elite is usually quite narrow, but it has broad social base.
The characteristic features of a democratic regime:
1) The sovereignty of the people: it is the people elect their government representatives and may occasionally change them. Elections must be fair, competitive, regular. Under the "Competition" means the presence of different groups or individuals, free to stand for election. Elections are not competitive, while some groups (or individuals) are able to participate, while others are deprived of it. Elections are considered fair, if not fraud and there is a special mechanism for fair play. Elections are unfair, if the bureaucratic machine belongs to one party, even if this party is tolerant of other parties in the election. Using a monopoly on the media, being in power, the party can influence public opinion to such an extent that elections can no longer be called honest.
2) The periodic election of the principal organs of the state. The government is born of the election and for a specific, limited period. For democracy is not enough to hold regular elections, it is necessary that it is backed by an elected government. In Latin America, for example, elections are common, but many Latin American countries are out of democracy, as the most common way to offset the president - a military coup, not a choice. Therefore, a necessary condition for a democratic state - persons exercising supreme authority, elected, and elected for a specific, limited period of time, the change of government should be the result of the election, and not at the request of a general.
3) Democracy protects the rights of individuals and minorities. The majority opinion expressed in a democratic way in the elections, it is only a necessary condition for democracy, however, is not insufficient. Only a combination of majority rule and protection of minority rights is one of the basic principles of a democratic state. If, in respect of minorities to discriminatory measures, the regime is undemocratic, regardless of the frequency and fair elections and the change of the elected government.
4) Equality of rights of citizens to participate in government: the freedom to form political parties and other associations for the expression of their will, freedom of expression, right to information and to participate in the competition for decision-making positions in the state.
Brief description of totalitarianism.
The concept of totalitarianism comes from the Latin word «TOTALITAS» - wholeness, completeness, and «TOTALIS» - full, full, full. Usually under totalitarianism understand political regime based on the desire to guide the country to subjugate the people of one way of life, completely dominating idea and organize a political system of government so that it helped to realize this idea.
Totalitarian regimes are when:
1) is a mass party (with a stiff, semi-military structure, which claims to their complete subordination of the Creed and its exponents - the leaders, the leadership in general), this party merges with the state and concentrates the real power in society;
2) the party is not organized in a democratic way - it is built around the leader. Power goes down - from the leader, not up - from the masses.
3) the dominant role of ideology. Totalitarian regime - is an ideological regime, which always has a "Bible." The ideology of the regime is also reflected in the fact that the political leader identifies ideology. It during the day can change your mind, as it happened in the summer of 1939, when the Soviet people suddenly learned that Nazi Germany is no longer the enemy of socialism. On the contrary, its system was declared better than the false democracy of the bourgeois West. This unexpected interpretation is supported for two years before the treacherous attack of Nazi Germany on the Soviet Union.
4) based on the totalitarian monopoly control of production and economy, as well as a similar control of all other spheres of life, including education, the media, etc.
5) if there is a totalitarian terrorist police control. The police there in different modes, however, under totalitarianism terrorist police control in the sense that no one will prove guilt to kill a person.
Describe the functions of the Constitutional rights?
Constitutional right to determine the structure, principles, organization, procedures, general competence of the state administration, the relationship with her man and citizen, and thus sets the initial position of administrative law. Constitution more frequently adjusted basis of economic relations, and thus defines the basis of the constitutional right of civil and commercial (trade) law. Similarly, the constitutional right to establish basic principles of financial, employment, criminal, procedural and other branches of the law of the country.
The centerpiece of constitutional law in the legal systems of not to be understood in the sense that it includes, integrates all areas of law. It establishes only their most important principles that are consistent and numerous standards that make up a particular branch of law. Constitutional law determines the procedure for adoption and amendment of sectoral laws.
The value of constitutional law is characterized by the fact that it expresses the institutions of democracy (equality, universal suffrage, multi-party, trade union rights, and so on). With constitutional democracy becomes the official law, the universal principle of society and the state. Of course, this refers to a truly constitutional law, but not always to state law.
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