6 ms·

What employment law in US says in case of forced unpaid holidays? In Europe worker must be given part of salary and an offer for termination (with bonus) within

by qwerta 13y ago

What employment law in US says in case of forced unpaid holidays? In Europe worker must be given part of salary and an offer for termination (with bonus) within two months.

tokenadult 13y ago
Is that true of all employees in Europe? Is that true in every country in Europe?
- qwerta 13y ago
  Should be in EU. European Commission dictates some minimum in most laws. I guess there are exceptions such as contractors.
- kome 13y ago
  I lived in 3 different countries (Italy, France, Germany) and yes, this rule is everywhere. The details may change, but the core is the same. But I'm not not sure about those yankies up north in Britain :)
  - kjjw 13y ago
    There is such a law in the UK and it is based on a minumum number of weeks pay plus a week for each year worked. Something along those lines, anyway.
- kjjw 13y ago
  Pretty sure there's an EU directive covering this but whether or not it is implemented into law in all member states, I don't know. That said I have a lot of friends across Europe and I can say that they all live in a country where effectively being made redundant invokes some minimum number of weeks of pay that must be given as a lump sum.
- golergka 13y ago
  Russia here. Not only this, but if you're terminated by the boss, you have to be paid triple your monthly salary as a compensation — remnant of the soviet social-oriented legislation. Of course, a lot of people (and almost everyone in IT) gets most of the salary off the books to save on taxes, and if the company wants to fire someone, it would offer him to resign and then find some violation that he committed if he won't (to fire him on this grounds), but the laws are still in place
- DanBC 13y ago
  I'd be interested to see what the English law is. I couldn't find anything immediately here, but I only looked for a short while. (https://www.gov.uk/browse/working https://www.gov.uk/browse/working) But the Citizen's Advice Bureau has some information here (http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm#Lay_offs_and_short_time_working http://www.adviceguide.org.uk/england/work_e/work_rights_at_...)
  - kjjw 13y ago
    Here's a useful link: https://www.gov.uk/redundant-your-rights/redundancy-pay https://www.gov.uk/redundant-your-rights/redundancy-pay So it seems that if you are temporarily unpaid or on reduced pay for 4 weeks in a row, or 6 weeks non-consecutively in a 13 week period, you can claim redundancy pay.
- furyg3 13y ago
  I am not sure what the EU-wide regulations are. In NL, employees are hired per term. Meaning you have a 6-12 month contract, and if the employer wants to lay you off or fire you, he has to pay out the rest of your contract. There are some exceptions of course (1 month period at the beginning where either party can terminate, gross negligence, stealing, absence, etc). After 3 years the employee and the employer have an 'indefinite' contract. This system means that if the employer needs to reorganize, it needs to do so with some government involvement (a sort of civil court which looks at the case). Usually the employee is compensated in some way... usually based on how long the employee has worked there and how bad the financial situation is at the company. "We have lots of cash on hand but our board of directors didn't approve the budget" wouldn't go over very well with the courts, I presume. The system has it's downsides (employers are cautious to hire), but it also means that you can't just fuck around with your finances and lay-off / furlough your employees because you don't feel like making important decisions. An employer can't just shift the financial burden of bad planning to the unemployment system.
  - dreamdu5t 13y ago
    That is... insane.
    - yxhuvud 13y ago
      Exactly how is enforcing agreements between employer and employee insane? Sure, there are some minimum numbers enforced by the governemnts, but the agreements tend to increase them.
      - dreamdu5t 13y ago
        What's insane to me is that people aren't free to negotiate their own agreements...
        dingaling 13y ago
        Negotiated agreements aren't really 'agreements' when one party holds all the cards ( in the case of an employer, money the employee needs to live ). Hence legislation, which is basically a bigger party with even more cards imposing its will.
hvs 13y ago
This is different because it isn't a forced unpaid holiday, this is the federal government unable to pay its employees until they have a budget. That said, employees will be paid retroactively once the gov't gets back to work.
- eli 13y ago
  There's no guarantee that employees will be paid retroactively, it's just what happened last time. It takes an act of congress.
  - danielweber 13y ago
    And there is a big difference between people who showed up to work during the shutdown and people who were told to stay home during the shutdown.
  - hvs 13y ago
    True, I should've made that clear. But I wouldn't want to be the representative who voted against paying federal employees at the next election.
    - eli 13y ago
      You would think that, but who knows. I'm surprised by the number of DC-area Congressman who voted to shut down the government even though it puts their own constituents out of work.
      - a3n 13y ago
        We vote for whoever is put in front of us, and most of us don't vote in primaries. It's money and primaries that members are afraid of right now. No surprise.
      - judk 13y ago
        I thought the DC area was dominated by Democrats?
    - 13y ago
workhere-io 13y ago
In Europe worker must be given part of salary As other people mentioned, employment laws vary a lot in Europe - and even within the EU there aren't uniform laws.

by qwerta 13y ago

What employment law in US says in case of forced unpaid holidays? In Europe worker must be given part of salary and an offer for termination (with bonus) within two months.

tokenadult 13y ago

Is that true of all employees in Europe? Is that true in every country in Europe?

qwerta 13y ago
Should be in EU. European Commission dictates some minimum in most laws. I guess there are exceptions such as contractors.
kome 13y ago
I lived in 3 different countries (Italy, France, Germany) and yes, this rule is everywhere. The details may change, but the core is the same. But I'm not not sure about those yankies up north in Britain :)
- kjjw 13y ago
  There is such a law in the UK and it is based on a minumum number of weeks pay plus a week for each year worked. Something along those lines, anyway.
kjjw 13y ago
Pretty sure there's an EU directive covering this but whether or not it is implemented into law in all member states, I don't know. That said I have a lot of friends across Europe and I can say that they all live in a country where effectively being made redundant invokes some minimum number of weeks of pay that must be given as a lump sum.
golergka 13y ago
Russia here. Not only this, but if you're terminated by the boss, you have to be paid triple your monthly salary as a compensation — remnant of the soviet social-oriented legislation. Of course, a lot of people (and almost everyone in IT) gets most of the salary off the books to save on taxes, and if the company wants to fire someone, it would offer him to resign and then find some violation that he committed if he won't (to fire him on this grounds), but the laws are still in place
DanBC 13y ago
I'd be interested to see what the English law is. I couldn't find anything immediately here, but I only looked for a short while. (https://www.gov.uk/browse/working https://www.gov.uk/browse/working) But the Citizen's Advice Bureau has some information here (http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm#Lay_offs_and_short_time_working http://www.adviceguide.org.uk/england/work_e/work_rights_at_...)
- kjjw 13y ago
  Here's a useful link: https://www.gov.uk/redundant-your-rights/redundancy-pay https://www.gov.uk/redundant-your-rights/redundancy-pay So it seems that if you are temporarily unpaid or on reduced pay for 4 weeks in a row, or 6 weeks non-consecutively in a 13 week period, you can claim redundancy pay.
furyg3 13y ago
I am not sure what the EU-wide regulations are. In NL, employees are hired per term. Meaning you have a 6-12 month contract, and if the employer wants to lay you off or fire you, he has to pay out the rest of your contract. There are some exceptions of course (1 month period at the beginning where either party can terminate, gross negligence, stealing, absence, etc). After 3 years the employee and the employer have an 'indefinite' contract. This system means that if the employer needs to reorganize, it needs to do so with some government involvement (a sort of civil court which looks at the case). Usually the employee is compensated in some way... usually based on how long the employee has worked there and how bad the financial situation is at the company. "We have lots of cash on hand but our board of directors didn't approve the budget" wouldn't go over very well with the courts, I presume. The system has it's downsides (employers are cautious to hire), but it also means that you can't just fuck around with your finances and lay-off / furlough your employees because you don't feel like making important decisions. An employer can't just shift the financial burden of bad planning to the unemployment system.
- dreamdu5t 13y ago
  That is... insane.
  - yxhuvud 13y ago
    Exactly how is enforcing agreements between employer and employee insane? Sure, there are some minimum numbers enforced by the governemnts, but the agreements tend to increase them.
    - dreamdu5t 13y ago
      What's insane to me is that people aren't free to negotiate their own agreements...
      - dingaling 13y ago
        Negotiated agreements aren't really 'agreements' when one party holds all the cards ( in the case of an employer, money the employee needs to live ). Hence legislation, which is basically a bigger party with even more cards imposing its will.

hvs 13y ago

This is different because it isn't a forced unpaid holiday, this is the federal government unable to pay its employees until they have a budget. That said, employees will be paid retroactively once the gov't gets back to work.

eli 13y ago
There's no guarantee that employees will be paid retroactively, it's just what happened last time. It takes an act of congress.
- danielweber 13y ago
  And there is a big difference between people who showed up to work during the shutdown and people who were told to stay home during the shutdown.
- hvs 13y ago
  True, I should've made that clear. But I wouldn't want to be the representative who voted against paying federal employees at the next election.
  - eli 13y ago
    You would think that, but who knows. I'm surprised by the number of DC-area Congressman who voted to shut down the government even though it puts their own constituents out of work.
    - a3n 13y ago
      We vote for whoever is put in front of us, and most of us don't vote in primaries. It's money and primaries that members are afraid of right now. No surprise.
    - judk 13y ago
      I thought the DC area was dominated by Democrats?
  - 13y ago

workhere-io 13y ago

In Europe worker must be given part of salary As other people mentioned, employment laws vary a lot in Europe - and even within the EU there aren't uniform laws.