Scanning/ Employment Law

Scanning O que é um scanner? O que significa o verbo “to scan”? Como você imagina que pode “escanear” um texto durante sua leitura? “Scanning”é uma técnica de leitura rápida, usada para buscar informação específicas dentro de um texto. Trata-se de uma leitura não-linear e seletiva, orientada pela localização de um objetivo específico. Exercício 1: Liste abaixo algumas situações do cotidiano em que você utiliza o “scanning”:

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Aplicada à leitura de textos, a estratégia “scanning” funciona da seguinte maneira: 1) Ler a pergunta; 2) Decidir que tipo de informação você está procurando (um número, uma data, um nome...); 3) Procurar somente a informação que deseja. Não é necessário ler todas as palavras de cada frase.

Vamos colocar o scanning em prática? Exercício 2: Leia o texto (um contrato de trabalho) que se encontra no final desta unidade rapidamente e procure os trechos em que tratam dos seguintes assuntos: - Descrição do cargo - Salário do empregado - Propriedade intelectual do empregador - Direito de dispensar o trabalhador caso ele sofra algum dano físico que o impeça de realizar seu trabalho. Exercício 3: Agora, ainda utilizando a mesma estratégia de leitura, encontre pelo menos 6 cognatas e liste-as abaixo:

Exercício 4: Na sua opinião, o contrato em questão está escrito em “legalese” ou em “plain legal english”? Por quê? Dê exemplos do texto.
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EMPLOYMENT LAW Exercício 5: Examine atentamente as seis fotos abaixo e faça o que se pede a seguir:

a) Qual o nome da empresa? Que tipo de empresa é essa? _______________________________ b) Quais seriam os cargos dos profissionais mostrados nas fotos (complete a coluna 1 abaixo):

CARGO Foto 1 : ______________________ Foto 2 : ______________________ Foto 3 : ______________________ Foto 4 : ______________________ Foto 5 : ______________________ Foto 6 : ______________________ c)

ATIVIDADES Strategic management Checking stock of items on shelves Hiding and firing Serving customers Collecting trolleys Working on the till

CAUSA DE DEMISSÃO Age Hygiene Problems Personality Clash with MD Theft Damaging Stock Decline in company profits

Agora, relacione os cargos às atividades e a possíveis causas de demissão desses profissionais na tabela acima.

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d) Relacione também as fotos e os profissionais acima às falas abaixo:

I’m 65 next week and still very fit. I enjoy my job. When the managers asked to see me I thought they wanted to give me a birthday card. They gave my dismissal cards instead. It’s a disgrace. They are always complaining of being shortstaffed, but they still kick you out when you reach a certain age.

I regret this financial quarter has been unprofitable and we have to drastically cut our costs. Usually I do all I can to keep staff, but, in the current situation, I’m afraid we will have to let some people go.

I didn’t think I was being paid the minimum wage and firstly I asked my line manager to help me. When I got no response I contacted my trade union. The next day I was called into the office and given a week’s notice.

I had only been here a week when I got pregnant – they told me I couldn’t work here any more because I wouldn’t be able to stand behind the counter all day.

It was only a bit of fun. The customers didn’t see what we were doing. They say we should enjoy our work, but they never let us. Up to a point I understand why the management took disciplinary action, because what we did was a bit stupid. But we certainly didn’t deserve the sack.

Exercício 6: Leia o texto abaixo e preste atenção às palavras em negrito: Employment Law is important for the management of companies. For example: Contracts of employment and job descriptions are formal documents which companies must produce when there is a dispute. Your employer must have a good reason for dismissing you. You normally cannot claim unfair dismissal unless you have one year’s continuous service. Regardless of the reason for the dismissal, the employer must act fairly and follow the correct procedure. The potentially fair ways of dismissing an employee are for: conduct at work; capability; redundancy; retirement; statutory restriction or another substantial reason. A substantial reason could be something such as an unresolvable personality clash with a colleague. Even if you do not have one year’s service your dismissal will be automatically unfair if, for example, you are sacked because you take statutory paternity leave.

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Tente relacionar as palavras em negrito do texto que acabou de ler às definições abaixo: a) Being sacked from a job in a way that entitles an employee to seek redress from an employment tribunal. b) the steps that must be taken in order to ensure that the dismissal is fair. c) a formal document setting out the exact terms and conditions under which a person is employed. d) a detailed list of all duties that an employee must carry out. e) the way in which an employee fulfills the duties that are required in the job. f) dismissal from employment either because your employer no longer needs you or your job no longer exists. g) time off work that father is entitled to following the birth or adoption of his child. h) the period of time spent working for a company or organization. i) something that is considered to be of overwhelming importance as grounds for a fair dismissal. j) where an employee is prevented from fulfilling the contract of employment, because to do so would break the law.

Exercício 7: O “Employment Rights Act 1996” reúne os direitos dos trabalhadores na Inglaterra. Leia um trecho de seu texto seguir e separe em duas colunas motivos que justificam/permitem a “fair dismissal” e que caracterizam a “unfair dismissal”.

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FAIR DISMISSAL

UNFAIR DISMISSAL

Exercício 8: Leia o texto do caso Wise Group v Mitchell já pensando em responder às seguintes perguntas:  A que conclusão o tribunal trabalhista chegou?  Baseado em que fatos o tribunal chegou à conclusão de que se tratou de uma demissão indevida?  O resultado foi favorável a Mitchell?  Você acredita que o veredito foi justo neste caso?

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Exercício 9: Leia a história retratada ao lado e complete os espaços que contêm números com as palavras ou expressões abaixo:

Correct - ___________ Sacked - ___________ Procedure - ___________ Salary - ___________ Service - ___________ Claim - ___________ Continuous - ___________ Notice - ___________

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EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made effective on ___________, by and between ________________ (“Employee”) and ___________________ (“Employer”). Employee will primarily perform their the job duties at ______________________. Whereas Employer desires the services of Employee, and Employee is willing to be employed by Employer, the parties therefore agree as follows: 1. Employment. Employee shall provide the following general services:

___________________________. Employee accepts and agrees to such employment, and agrees to be subject to the general supervision, advice and direction of ________. Employee shall also perform (i) such other duties as are customarily performed by an employee in a similar position, and (ii) such other and unrelated services and duties as may be assigned to from time to time. 2. Best efforts of Employee. Employee agrees to perform faithfully, industriously, and to the best of their ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Agreement, to the reasonable satisfaction of Employer. Such duties shall be provided at such place(s) as the needs, business, or opportunities of business may require from time to time. 3. Compensation of Employee. Employee will receive an annual salary of $__________,

payable in accordance with Employer’s standard payroll procedures. Upon termination of this Agreement, for any reason, payments under this paragraph shall cease; provided, however, that Employee shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which Employee has not already been paid, and for any commission earned in accordance with customary procedures, if applicable. No payment shall be made for untaken personal or vacation days. employment. 4. Expense Reimbursement. Employer will reimburse Employee for expenses undertaken for business purposes in accordance with its policies then in effect. 5. Confidentiality. Employee recognizes the importance of protecting Employer’s intellectual property, trade secrets, and business knowledge. Employee will not divulge this vital information items ("Information") which are valuable, special and unique assets of
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This section of the Agreement is included for accounting and payroll

purposes and should not be construed as establishing a minimum or definite term of

Employer, and Employee further agrees that Employee will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without Employer’s prior written consent. Employee will protect the Information and treat it as strictly confidential at all times, during and after Employee’s employment ends with Employer. A violation by of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief and injunction, where appropriate by Employer. 6. Unauthorized Disclosure of Information. If it appears Employee has disclosed, or

threatened disclosure, of Information in violation of this Agreement, Employer shall be entitled to an injunction to restrain Employee from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. Employer shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages. 7. Confidentiality after Termination. The confidentiality provisions of this Agreement shall

remain in full force and effect for 1 Year after the termination of Employee’s employment. During such year, neither party shall make or permit the making of any public announcement or statement of any kind that was formerly employed by or connected with Employer. 8. Non-Compete Agreement. Employee recognizes that Employer Information is a special and unique asset of the company and needs to be protected from improper disclosure. In consideration of the disclosure of the Information, Employee agrees that for one (1) year following the termination of this Agreement, whether such termination is voluntary or involuntary, Employee will not directly or indirectly engage in any business that directly or indirectly competes with Employer. This agreement shall apply to directly or indirectly engaging in any competitive business which includes, but is not limited to: (i) engaging in a business as owner, partner, or agent, (ii) becoming an employee of any third party that is engaged in such business, (iii) becoming interested directly or indirectly in any such business, or (iv) soliciting any customer of Employer for the benefit of a third party that is engaged in such business. Employee agrees that this noncompete provision will not adversely affect 's livelihood and waives any right to make any such claim in the future. If there are geographic limits to this Section, they should be listed here: ___________________. If none appear, the Agreement will presume none are applicable in the eyes of both Employee and Employer and this Section should be construed accordingly by any court of competent jurisdiction. Furthermore, Employee shall be responsible to show any prospective new employer during this one year time period this provision of this Agreement, to reduce the likelihood of that Employer causing Employee to violate this Agreement.
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9.

Employee Inability to Contract for Employer.

Employee shall not have the right to make without

any contracts or commitments for or on behalf of Employer first obtaining the express written consent of Employer.

10. Benefits, Holidays, Insurance, Personal Leave and Vacation. Employee shall be entitled to these according to the Employer’s policies in effect at the time. 11. Term and Termination. Employee employment under this Agreement shall be for an

unspecified term on an "at will" basis. Either party may terminate this Agreement with 30 days written notice. Violation of this Agreement will terminate employment without notice and with no compensation, except for that due up to such date of termination. 12. Termination for Disability. Employer has the option to terminate this Agreement, if

Employee becomes permanently disabled and is no longer able to perform the essential functions of the position with reasonable accommodation. Employer shall exercise this option by giving 90 Days written notice to Employee. 13. Compliance with Employer Rules, Policies, and Procedures. Employee agrees to comply

with all of the rules and regulations of Employer, and understands that these rules will change from time to time, and Employee must continue to abide by them in order to continue employment with Employer. 14. Return of Property. Upon termination of this Agreement, Employee shall deliver to

Employer all property, which is property or related to Employer's business (including keys, records, notes, data, models, laptops, printers, cell phones and all other equipment) that is in Employee’s possession, custody, or control. 15. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or a recognized over night delivery service such as FedEx. If to Employee: _____________________________________________________. If to Employer: ___________________________________________________. 16. No Waiver.

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The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled. 17. Entirety of Agreement. The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties. 18. Governing Law. This Agreement shall be construed and enforced according to the laws of the State of ____________________ and any dispute under this Agreement must be brought in this venue and no other. 19. Headings in this Agreement The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement. 20. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. In Witness whereof, the parties have executed this Agreement as of the date first written above. _________________________ Employee ___________________ Date _______________________ Employer

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