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These conditions can include unreasonable work demands, harassment, or significant changes to the employment terms without the employee’s consent. The legal implications of constructive dismissal vary across jurisdictions, but generally, it results in the termination of the employee's obligations and grants them the right to pursue claims ...
The court also may authorize the debtor to implement "interim changes in the terms, conditions, wages, benefits or work rules provided by a collective bargaining agreement" if those changes are "essential to the continuation of the debtor's business or in order to avoid irreparable damage to the estate." 11 U.S.C. §§1113(d), (e) and (f).
Collective bargaining consists of the process of negotiation between representatives of a union and employers (generally represented by management, or, in some countries such as Austria, Sweden, Belgium, and the Netherlands, by an employers' organization) in respect of the terms and conditions of employment of employees, such as wages, hours of ...
Dryden v Greater Glasgow Health Board [1992] IRLR 469 is a UK labour law case concerning the contract of employment.It held that a variation of company workplace customs, which are incorporated into individual contracts of employment can take place after a proper consultation without breaching employees' contracts.
While the main formal term for ending someone's employment is "dismissal", there are a number of colloquial or euphemistic expressions for the same action. "Firing" is a common colloquial term in the English language (particularly used in the U.S. and Canada), which may have originated in the 1910s at the National Cash Register Company. [2]
The general position is that contracts of employment can only be varied by agreement. However in the employment fi eld an employer or for that matter an employee can reserve the ability to change a particular aspect of the contract unilaterally by notifying the other party as part of the contract that this is the situation.
French v Barclays Bank plc [1998] EWCA Civ 1092 is a UK labour law case concerning the contract of employment.It held that changing a staff manual can breach the term of mutual trust and confidence that is implied into every individual contract of employment, and a unilateral change to a workplace practice can breach that contract.
A "Code of Good Faith" promulgated by the Employment Relations Authority supplements the legal statute, however, and lays out a number of rules for good faith bargaining. [6] In the United States, surface bargaining constitutes an unfair labor practice under the National Labor Relations Act . [ 11 ]