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Formal Requirements

The Individual Legal Bases

An (1) ………………… agreement between employer and employee may be a legal basis of the (2) …………. to the pension. The agreement must be in writing to be recognized by the (3) ……….. authorities.

The employer is also legally (4) ………. if he unilaterally establishes special guidelines for (5) ………. - pension benefits in his company (so-called pension regulation) in the form of a collective (6) ………. These guidelines (7) …………. become part of the individual employment (8) ……….. If the employer first (9) …………- only in general that he will (10) ………… pension (11) …………… he is allowed later (12) ………….. the details of the pension regulation; this, however, must then be in line with equitable discretion, i.e. take the employees’ interests adequately into account.

In practice, collectively (13) …………… collective agreements are important in particular in the public (14) ………….. and in the building industry. (15) ………….. agreements between employer and works council as a basis for pensions, however, are even more frequent than collective agreements.

Ex. 9. Read the following text. Fill in the blanks with the appropriate words from the box.

firm training points provide legally valid insurance agreement authoritative employment contract writing statutory termination proof

Basically the contract of employment doesn’t require a written or any other form, i.e. it may (1) ……… be concluded orally. Exceptions apply to so-called staff regulation officers of the (2) …………health insurance funds and of the industrial accident (3) ………. institution. However, the written form is recommended in order to avoid the burden of (4) ……….. in case of differences of opinion later on.

Vocational (5) …………. contracts needn’t be written in order to be legally (6) ………... However, immediately upon conclusion of the contracts the (7) …………… providing training has to lay down the basic contents in (8) ………...

In case an (9) ……….. on the prohibition of competition is made for the time after (10) ………… of employment, the written form must be kept. This doesn’t necessarily apply to the remaining points of the employment (11) ………...

A collective agreement, works agreement or a contract between employer and employee may (12) …………. for written form for the whole contract of (13) ………… or for individual (14) ………… of the contract. An individual agreement may be altered without formality at any time, if both the employee and the employer agree that the new oral agreement is to be (15) ………...

Ex. 10. Read the following text. Fill in the blanks with the appropriate words from the box.

firm costs job task women advertise discriminates to conclude to refund interview advertisement need regulation to ensure prerequisite

A job (1) …………. in a newspaper in which an employer is looking for an employee for a specific (2) ………… is not yet an offer in the legal sense, which the employee would only have to accept in order (3) ………….. an employment contract. Advertisements such as these are rather an invitation to make an offer. Therefore the employer is only obliged (4) ………….. expenses related to an interview (travelling expenses, possible (5) ………… of bed and board), if he expressly invites interested candidates for (6) ………….. in the advertisement.

According to the Civil code an employer must not (7) …………. a position, neither publicly nor within the (8) ………… as exclusively for men or exclusively for women. The only exception to this arises in cases where being one sex or the other is an essential (9) ……………. for the (10) …………. at hand (e.g. the advertisement for the role of a male actor (11) …………. not be formulated for (12) …………, too). This regulation is designed to (13) ……….. that prohibition of discrimination on account of one’s sex is applied even at the stage of job advertisement. The (14) ………. to advertise jobs in a way which does (15) …………. against sex is both applicable for public advertisements of the employer, e.g. in newspapers, and for advertisements within the firm.

Ex. 11. The following text deals with aspects of employee health and safety. Complete the gaps with an appropriate word derived from the words given.

Workplace (1) ………… (safety) and (2) ……………. (healthy) law establish basic standards aimed at reducing the numbers of (3) ……………. (ill), (4) ………….. (injure) and (5) ………….. (die) in workplaces. Because most workplace safety (6) …………….. (regulate) rely for their effectiveness on employees who are willing to report job (7) …………… (dangerous), most laws also prevent employers from firing or discriminating against employees who report (8) ………….. (safe) conditions to proper authority.

Workers’ compensation laws are designed to ensure that employees who are (9) ………….. (injure) or (10) …………… (disable) on the job are provided with fixed (11) …………… (money) awards, eliminating the need for litigation. These laws also provide benefits for (12) …………… (depend) of those (13) ………… (work) who are killed because of work-related accidents or illnesses. Some laws also provide (14) …………. (protect) for employers and fellow workers by limiting the amount an injured employee can (15) …………… (recovery) from an employer and by eliminating the (16) …………. (liable) of co-workers in most accidents.

Listening 8. Listen to the following funny song “ Nursery Rhyme Lawyer Lyrics ” by Throwing Toasters and fill in the missing words or phrases. What do you think about the work of a lawyer and this song?

This is a great song about a lawyer who represents characters from popular nursery rhymes. Humpty Dumpty, Jack 'n Jill - all victims of needless accidents. Who do you call? The Nursery Rhyme Lawyer. Who else is going to serve a restraining order to keep the spider away from Little Miss Muffet.

Дата добавления: 2015-01-03