Sentences with phrase «contract out of the employee»

Not exact matches

If you hire someone under a freelance contract, but end up providing necessary materials, asking her to work out of your office or giving constant direction over the work, the government might consider the worker to be an employee.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

In no event shall Non-GMO Project, its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and / or assigns be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Website, including without limitation, Your participation in any interactive aspect of the Website and Your use of any information provided on or in connection with or obtained from the Website, even if Non-GMO Project has been advised of the possibility of such damages.

There were also concerns that the contracting out of work would spread, which currently only affects a small number of employees.

The gross mismanagement of Arsenal during June - Aug of this year is currently my feature case as a prototype of the worst possible bungling of personnel resources and mis - assignment of employee resources to roles (as just a few of many possible examples, sitting Kola & Laca last match, starting Welbeck who couldn't hit the broad side of a barn, playing Bellerin at LWB, third straight laughable team assignments in a row, seriously considering loaning out our 2nd best center back, letting multiple key players enter the final year of contract, etc etc etc) imaginable.

The court might let government employees completely opt out of paying union fees, even if the union works on their behalf in areas like contract negotiations.

Contract agreements for City University of New York employees has been reached, avoiding a threatened faculty and staff walk out in the fall.

That's the message the Public Employees Federation is putting out regarding a minor snag they've spotted with the mailed ballots that members have received as part of a second try at a labor contract.

The union's contract expired at the end of 2013, and as the local mayoral election heated up in Albany, blue - collar workers came out in force protesting Sheehan's pay increases for nonunion employees and demanded wage hikes.

ALBANY, NY (05/03/2012)(readMedia)-- The New York State Public Employees Federation (PEF) today released its annual report on the high cost of contracting out work that could be done by state employees for Employees Federation (PEF) today released its annual report on the high cost of contracting out work that could be done by state employees for employees for far less.

And it is still unclear whether the savings plan's board would select investment managers who choose the offerings for employees savings plans, or contract out to a third party firm which would be in charge of selecting investment managers.

While their tentative contract with the state includes assurances against paying a higher share of health insurance costs, Public Employees Federation members will have to wait a bit longer to find out how much the coming year's health insurance premiums will be.

These includes a proposal for legislation preventing the use of public money in settling sexual harassment claims, removal of forced arbitration provisions from employee contracts and a requirement that companies doing business with the state disclose the number of sexual harassment adjudications and nondisclosure agreements they've carried out.

In no event shall DC Bilingual Public Charter School, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.

If you are a teacher, or other employee of a public service organization, under contract for at least eight out of twelve months, you meet the full - time standard if you work an average of at least 30 hours per week during the contractual period and receive credit by your employer for a full year's worth of employment.

After a full contract year, an employee can request to transfer amounts out of the Personal Income Benefit, causing an early withdrawal which will significantly reduce or eliminate the value of the Personal Income Benefit.

Determine if the company and its own employees are those who will actually provide service through the life of the program, or if they contract out to others once they have enrolled a client.

There are an array of different reasons why someone may need to seek out a retirement savings plan on their own: they may work as a part - time employee or on a contract basis, at a small business that does not offer any retirement benefits, or they own their own business and are self - employed.

In no event shall German Shepherd Rescue of Orange County, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.

The simple answer to that is that he is their employee, as he explained in 1993 in the Independent on Sunday, when he hoped to be appointed for a second seven year term as Tate Director:» Tate trustees fall in and out of love with their director and I'll only discover whether they have fallen out of love with me in 1995 when they discuss my contract... The jury's out».

No employer or agent of an employer and no employee or agent of an employee shall contract out of or waive an employment standard and any such contracting out or waiver is void.

The Employment Rights Act 1996 sets out the minimum amount of notice that must be given while an employee's contract could also stipulate that a greater amount of notice must be provided.

They train their employees to figure out ways that they can deny coverage to people, and this often stretches the terms of the contract.

If the employment contract states that an employee is entitled to be paid for the «8 bank holidays» per year then employers will not need to pay employees if these choose to take off the 30th March 2018 as this is in excess of the holiday entitlement set out in their contract.

MacIsaac & Company, its lawyers, assistants, contractors and employees shall have no liability or responsibility for any damages or losses of any kind whatsoever, whether arising out of contract, tort or otherwise, relating to or arising from the use or interpretation of any material or information provided on this website, or any material or information found in any links to this website.

An employer that wants to prohibit employees recording conversations in the workplace should expressly exercise their option to contract out of the one - party consent for recordings exception, especially if they want to be able to discipline or dismiss an employee for surreptitiously recording conversations with supervisors.

Where there is a valid employment contract, which provides for notice equal to or in excess of the ESA minimums, then an employee's entitlements are those set out in the employment contract.

The House saw «no reason in law or logic why, leaving aside... the extreme cases of outright dismissal or walk - out, a contract of employment should be on any different footing from any other contract as regards the principle that «an unaccepted repudiation is a thing writ in water...»» The argument that the employee impliedly accepted the repudiation by working on under protest was rejected.

According to a recent Superior Court decision, it is a business agreement.2 This case did not involve a LAWPRO claim, but it is a warning to practitioners that disability insurers are free to contract out of the LA 2002 where a company or an association is a policyholder, even though the policy is for the benefit of the company's or association's employees or members.

The Court indicated that specific language contracting out of common law notice requirements is not necessary where the «intention to displace an employee's common law notice rights can be readily gleaned from the language agreed to by the parties.»

Over the course of his nine - year tenure with the company, the employee entered into three separate «memorandums of understanding» (essentially contracts setting out the terms of his employment).

A non-compete agreement is a form of a restrictive covenant, which is a clause in an employment contract setting out the rights and obligations of an employee post departure.

Whether you need to staff up for a busy time, or you need to replace someone who's going on leave, a Temporary Employment Contract sets out the conditions of the temporary position, and defines the duties of the newly hired employee, how and when they'll be paid.

Claimant employers need to carry out a cost - benefit analysis when deciding whether to pursue former employees for soliciting their clients, because even if they can show breaches of contract, they must demonstrate that they suffered loss as a result of those breaches.

However, writing for the Court of Appeal, Justice Feldman noted that «the problem with that approach is that, to the extent that it effectively rewrites or reads down the offending provisions... employers will be incentivized to contract out of the ESA, but include a severability clause to save the offending provision in the event that an employee has the time and money to challenge the contract in court.»

What both employees and employers need to recognize is that simply because there is a contract, that does not always mean that the amount of severance set out in the contract is the amount of severance to which to the employee is entitled.

The employment contract contained an «early out» clause, which stated that «employment may be terminated at any time by the Employer and any amounts paid to the Employee shall be in accordance with the Employment Standards Act of Ontario.»

it would be an absurd result and contrary to public policy to enforce an arbitration agreement in an employment contract and thereby deny vulnerable non-unionized employees their rights and protections under the Employment Standards Act, 2000, which precludes employees contracting out of their rights under the Act.

Accordingly, as at the date of the transfer, the employee was not employed in the organised grouping which carried out the Borough's contract, for the purpose of Reg 4 (1), and so she did not transfer.

... no employer or agent of an employer and no employee or agent of an employee shall contract out of or waive an employment standard and any such contracting out or waiver is void, [unless the contract provides for a benefit greater than the minimum standards prescribed by the act].

If the employment contract contains a clause that sets out the amount of notice an employee gets upon being fired and the contract is valid, then the employee is entitled only to the reasonable notice set out therein.

It does not make sense to me how an employee can be expected to have contracted out of their inherent common law rights (and perhaps even agreed to something far less) without language that somehow suggests that is precisely what is taking place!

Pre-Oudin there was an accepted «rule book» about required language for employees to contract out of their entitlement to common law notice of termination of employment — and to restrict themselves to statutory minimums under the Employment Standards Act, 2000 — without offending the ESA.

For example, employer - clients should consider amending contracts to include an indemnity clause in case the employer - client is sued for unpaid wages arising out of the temp agency failing to pay the assignment employee's wages.

It is extremely likely that, in the absence of an express term setting out the legal rights and obligations of employer and employee (a factor considered in Four Seasons Healthcare Ltd v Maughan [2005] IRLR 324, [2005] All ER (D) 24 (Jan) in relation to suspension without pay prior to conviction) an employee's unavailability for work would lead to automatic termination of the contract under the doctrine of frustration.

In Bowes, Chief Justice Winkler, writing for a five - member panel of the Court of Appeal, held that if an employment agreement specifies the amount payable to an employee if the employer terminates the employment contract, whether fixed or readily calculable, the parties have contracted out of the common law presumption of providing reasonable notice of dismissal.

The three options that are available to employees if their employer unilaterally changes a fundamental terms of their employment contracts was set out by the Ontario Court of Appeal in Wronko v. Western Inventory Service Ltd, 1 Chief Justice Winkler summarized the options as follows:

In reaching its decision the Court of Appeal set out the policy reasons that a court may rely upon to find a constructive dismissal despite explicit language in the employment contract allowing the employer to unilaterally change the employee's terms of employment.

As an employer, you are likely to be familiar with clauses setting out the «normal retiring age» for employees and many of the contracts of employment of your own employees no doubt contain such clauses.

Employers are legally prohibited from contracting out of the ESA, unless the clause offers a greater benefit to the employee.