Article by Terry Dawe
Associated Employment Articles
May
04
Business Liability Insurance – Crucial Now More Than At any time
Today’s economic climate has caused billions of pounds worth of problems for companies – both large and small. As more and more businesses find their backs are up against the wall, one significant and unexpected cost could easily finish them off. So now – more than ever – is the right time to examine your business liability insurance and any potential risks you may face.
Business liability can come from a number of angles and there’s an insurance product designed for each. These liability protection products can usually be combined into one policy to reduce your admin and give you some cost savings too.
This form of insurance enables your company to meet the costs of damages and legal fees for employees who may make a claim having been injured or fallen ill at work as a result of the action of the employer. Employees can seek compensation even once the company has gone into receivership or liquidation and the NHS can also claim for the cost of hospital treatment when a personal injury claim is successful.
If your business interacts with members of the public in anyway – if they come to your premises or you visit theirs – public liability insurance can provide you with cover for any awards of damages as a result of damage caused to a member of the public or their property.
The premiums are based on the type of business and the level of public facing activity.
Any company selling a product to the public must ensure they are ‘fit for purpose’. Product liability insurance is designed to cover your for damages and legal fees resulting from claims made against your legal responsibility. Even if you’re just a supplier in a chain, someone could make a claim against you first and you may then need to claim from your supplier or manufacturer.
But this would entail you putting up the legal costs for both claims upfront. This is where product liability insurance can protect you from financial ruin.
Where product liability insurance is designed to cover physical products, professional indemnity insurance is set up to deal with negligent advice and services where similar damages and claims may arise. For some professions and occupations, it is a legal requirement to have professional indemnity insurance cover.
The rise of insurance comparison websites has concentrated on the more mainstream products to date. But business insurance comparison is a growing market and the tools being developed here can save you from hours on the phone and form filling by comparing the leading business insurers in seconds.
www.General-LiabilityInsurance.com
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Apr
26
Contemplating Onward With Disability Insurance
Article by Dave Taylor
There are many of possibilities nowadays for the public in relation to small business disability insurance. Despite the fact that insurance companies that give disability coverage are limited, there are various forms of coverage,such as individual,credit,and mortgage disability coverage. When you’re not yet clear as to what this insurance is or the reason why you might need this insurance policy, stay with me for additional details on disability policies.
While it is essential to take life insurance in order to give the necessities of their family members after they pass away, a lot of people do not know that disability insurance is an equally vital investment within their family’s financial survival.
Only few people go the extra mile and purchase disability insurance to make a back-up for their family members when they end up being disabled as the most get insurance that provides for their loved ones if they depart this world. A quarter of young adults will become disabled before they reach retirement, it is usual event that researchers have verified.
It’s important to safeguard our power to earn money, which conceivably is the most significant asset that a majority of us possess. You should guarantee your income by acquiring disability insurance, just as you’d protect your residence by insuring it with a homeowner’s insurance policy.
If you turn out to be disabled and were unable to work, what would happen to your children? It won’t take many years for many people to burn through their savings; and if there will be major medical expenses associated with your disabling injury or condition, it’s certainly feasible that you might end up insolvent.
If you turn into handicapped and can’t work, individual disability policies restore somewhere within 45% and 60% of your present salary, free from taxes. If you’re not able to do your present work because of an injury or being affected by a life threatening illness, this coverage will provide you benefits.
When you have any type of unpaid debt on an automobile mortgage and you end up handicapped, credit disability insurance, that’s a veryeconomical sort of disability coverage will pay for it. Getting car loan as well as disability insurance simultaneously is often achievable and deliberating on its affordable price and the advantages it offers, it truly is something worth considering.
There is the option of mortgage disability insurance that provides a benefit in the amount owed on your loan if you become impaired. One of the most usual reasons why homes get into foreclosure is medical expenses, especially those that base from disabling injuries; this can make mortgage disability coverage an important policy to own to guard your family if the horrible should happen.
Apr
18
Thailand Employment
Termination of Employment
The Labour Protection Act B.E. 2541 (1998) (“the Act”) applies to all businesses operating in Thailand. The employer/employee relationship is regulated under Thai law, including matters relating to the termination of an employee.
The main reasons why Thailand employers may consider payroll cuts by terminating staff can be summarised briefly as economic, poor performance or misconduct.
It is common in the Thailand legal environment that the Labour Court tends to favour the employee and accordingly it is extremely important that business owners in Thailand adopt correct procedures insofar as termination of their employees.
Termination Payment Calculation Summary
The following is a summary of the quantum of severance pay which must be paid by an employer to an employee under Thai law if Section 118 of the Act is applied. This is calculated in accordance with the employee’s length of service.
120 days but less than 1 year – 30 days pay 1 year but less than 3 years – 90 days pay 3 years but less than 6 years – 180 days pay 6 years but less than 10 years – 240 days pay more than 10 years – 300 days pay Exclusions to Payment of Severance Pay
A. Short or Temporary Employment Periods
Labour laws in Thailand afford business owners certain exclusions from the requirement to pay severance payments if the following conditions apply: An employee has served the company for less than 120 days. An employee whose employment is stipulated in a contract set for a definite period and the employment is terminated at the end of that period, if this form of employment is in compliance with the Thai labour laws and regulations (Section 118 of the Act).
Employment with a definite period is allowed only for the following categories; Employment on a specific project which is not the normal business of the employer; Employment for occasional or temporary work; and, Seasonal employment.
A written employment contract is required for the above with clauses stipulating the commencement and completion dates. In addition, all tasks must be completed within two years.
B. Termination with Cause
Under Section 119 of the Act, there are certain exceptions which enable an employer to avoid the payment of severance to an employee and which are as follows:-
The employee performs dishonestly or intentionally commits an offence against the employer; The employee intentionally causes the employer to suffer loss; The employee causes serious damage to the employer as a result of negligence; The employee violates the employer’s working rules or regulations or the employer’s orders which are legal and fair where the employer has already given the employee a written warning, except in a serious situation where the employer is not required to provide a warning; The employee neglects to complete his or her duties by not attending work without justifiable reason for three consecutive working days; and, The employee has spent time in prison by final judgement, with the exception of negligence or petty offences. The exceptions to which employers are liable for severance pay are stipulated in Section 119 (1) – (6) of the Act.
If the employer terminates the employment contract of the employee for other grounds, the employee is entitled to receive severance pay.
Nevertheless, to terminate the employment of any employee on the grounds stipulated in Section 119 of the Act, the employer must provide a letter of termination to the employee with the reasons for termination. Note that in accordance with Thai law, the reasons provided must be real or relate to the actions for termination of employment.
Special Severance Pay
In the case where an employer relocates the place of business in Thailand which affects the normal living of an employee or his/her family, the employer shall notify the employee at least 30 days before the date of relocation. Thai law allows the employee to refuse to move and become entitled to receive severance pay. Failure to notify the employee may result in a special severance payment in lieu of the advance notice of 30 days.
With respect to the termination of the employment on the basis of reorganising the Thailand based business, production line, sales or services due to the adoption of machinery or technologies which result in a reduction of the number of employees, the employer has a duty in compliance with Thai law (Section 121 of the Act) to notify the employee as well as the labour inspector not less than 60 days prior to the contemplated date of termination. Failure to do so will result in a special severance payment in lieu of the advance notice of 60 days being paid in addition to the normal severance pay.
Apr
18
Modified Own-Profession vs. Genuine Personal-Occupation Disability Insurance policy
Article by Jack Q. Le
When shopping for an own-occupation disability insurance policy, you may run into a dilemma over the option to choose between an individual disability insurance policy with a modified own-occupation and a true own-occupation definition of total disability. It is important to understand the differences between the two types before you make a decision. There are two main differences to discuss.
The first main difference is that to be considered disabled and eligible for benefits, modified own-occupation policies have a requirement that you (the insured) NOT be gainfully employed. If you choose to be gainfully employed in any occupation then you would not meet the definition of total disability and therefore not be entitled to your total disability benefit. You might only be eligible for a partial benefit under the policy if it also included an optional Residual Disability feature.
With a true own-occupation policy, once totally disabled from your occupation, you can choose to earn an income in another occupation yet maintain eligibility for your policy’s total disability benefits. Your occupation is the occupation in which you were gainfully employed before your disability began.
The other main difference is the cost. Since insurance companies have more of a financial liability to the insured with a true own-occupation policy, true own-occupation policies will cost more than modified own-occupation policies.
If your true own-occupation quote is surpassing your allocated budget for disability insurance, one of the options available to you is to give up the rich feature of true own-occupation for less comprehensive but cheaper modified own-occupation. There are other rich features that you can give up in order to cut cost.
It is important to discuss your specific situation and buying criteria with an experienced disability insurance agent. An experienced agent will be able to put together a policy that fits your wants and needs. If you are not working with a disability specialist, please contact me directly via email or phone with your questions and concerns.
Go to Disability Insurance Quote for more information and request an own-occupation illustration.
Financial Balance Group LLC is a general agency of The Guardian Life Insurance Company of America, NY, NY. Guardian Disability Insurance Brokerage is the brokerage arm of Financial Balance Group LLC. Disability insurance agent information provided on this web site is for broker use only. For important information about the disability insurance products and insurers discussed on this page, as well as information concerning Guardian Disability Insurance Brokerage or the General Agency representing Guardian, please click here .Copyright Steven L. Crawford (General Agent).
Jack Le is a Registered Representative of Park Avenue Securities LLC (PAS), 1355 Piccard Drive, Suite 380, Rockville MD 20850. Securities products and services offered through PAS, 240-683-9700. Field Representative, The Guardian Life Insurance Company of America (Guardian), New York, NY. PAS is an indirect, wholly owned subsidiary of Guardian. Financial Balance Group is not a affiliate or subsidiary of PAS or Guardian. PAS is a member FINRA, SIPC.
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Apr
08
Employment Equity
Successful companies recognize that effective management of human resources is strategic to the performance of the organization. Labour Guide has extensive experience in HR consulting in South Africa to companies both small and large. Outsourced or project based services are offered in all the areas that impact effective performance management including Employment Equity plans. The EE Act aims to promote and achieve equity in the workplace, by encouraging equal opportunity amongst all workers. It includes efforts to identify reasons for inequalities and change the employment rates of previously underrepresented groups for a more equitable job market.
The Employment Equity plan that is offered by Labour Guide to support companies include information on organisational audits, design and implementation of EE strategies, policies and procedures, development of EE plans, training of employees on EE issues as well as the completion and submission of reports to the Department of Labour; all of which are equally important for any business to comply with.
Labour Guide has many years of human resources line management experience. They have the capacity and capability of identifying and implementing state of the art business processes required by client’s to implement and manage day-to-day issues associated with the management of staff, and the associated administrative processes and systems, critical to the effective management of their businesses. Labour Guide aims to partner clients in the strategic management of many labour related processes, through the provision of expert level consulting and assessment services, in the administration, development and retention of staff.
Labour Guide, a fully accredited Human Resource Training Provider, is completely compliant to the South African Board for Personnel Practice (SABPP) and ETQA standards. Offering various services which range from labour workshops to up to date CCMA and Employment Equity compliance information, Labour Guides user friendly website was designed tol answer all your questions and provide you with the necessary information needed to make informed decisions regarding investing in your companys most valuable asset, your work force.
Mar
31
Conference Planning from Event Management Company
Conferences are integral part of businesses and professions which involve a lot of people. These can be professionals from a specific field, chief executives, suppliers, dealers, wholesalers and even consumers. A conference is basically a meeting where people discuss about a topic of concern. Therefore, it is not just confined to business houses. Organizing a conference can be very beneficial, however it is very challenging too. It involves a lot of planning which is sometimes very difficult to do. Hiring an event management company is a very good idea if the conference is being organised at a very large scale. Obviously, it is not possible for businessmen and professionals to handle their work and event planning simultaneously. So these event management companies play a very important role in executing a successful conference.
Conference planning is different from planning other events in many ways.
Firstly, it not a personal event so everything has to be done in a professional way. Secondly, conferences usually require a lot of video and audio equipment which can handle presentations. Thirdly, the business delegates may be coming for the conference from around the world, so it becomes very important to arrange accommodations and translators. Additionally, transport, food, product descriptions, feedback forms etc make conferences very difficult to be planned. However, the event management companies which specialize in handling such conferences can perform this task in a very efficient way. Event management is a team task and such companies hire different types of professionals who can plan and execute things while utilizing the resources in a best possible manner. For being successful, conference planning has to start months before the event. In many large scale events, the plan has to be on the table even a year before the day, which is enough to explain the complexities of the process.
Obviously, some basic things have to be provided to the event management company. Like one needs to brief about the type of event, number of guest, duration of the conference, workshops involved, registration process, security needs, product description, need of audio/visual aids and so on. The event planner should be crystal clear with the needs so he can plan accordingly. Budget surely is the most essential factor. It depends on the organizer how much he/his company/ trust wants to spend on the conference. Whatever the case may be, it should be explained to the planner so he doesn’t exceed the budgeted amount. Moreover, the post conference reports or feedback reports are necessary too. This ensures that you get to what people thought of the conference. It will help the event management company and the organiser to learn from the loopholes and cover them in next conference.
Mar
28
Employment Equity
South Africa has a rich history, some being not a pleasant time to remember about past injustices and unfair business and labour practices. Today, the South African government and the Department of Labour are continually reviewing and adjusting South African employment laws in an effort to correct past injustices and offer previously disenfranchised communities and members of society the foot up they need in order to get ahead in society. That is where various initiatives such as Affirmative Action and Employment Equity comes in.
In the past, many companies found it difficult to keep up to date and fully compliant with the latest labour laws and regulations due to it changing so regularly. This gave way to an entire new industry of companies offering expert labour law advice about compliance and adherence in regards with employment equity and a myriad of other aspects such as training Human Resource departments in everything from Discipline and Dismissal, Conditions of Employment, Occupational injuries and diseases in the workplace, Recruitment, Retrenchment and OHS Act and Regulations courses and many, many other aspects relevant to South African employment.
When you consider the fines and penalties associated with noncompliance to aspects of South African employment legislation and regulations such as in the case of EE, companies can be fined up to R500 000. This is definitely incentive for companies to invest in the training and development of their Human Resource departments, enabling them effectively to ensure the company complies with all relevant local and national laws and regulations.
Labour Guide is proud of its status as an accredited Human Resource Training Provider, and is proudly fully compliant with the South African Board for Personnel Practice (SABPP) and ETQA. Offering different services and courses / workshops to South African companies and business with regards to employment equity among many others, Labour Guide offers different programs to meet the ever changing needs of their customers and clients.
Mar
20
A business relies on seeking employment law advice from reputable employment solicitors
Article by Tim Bridges
A forward thinking business relies on seeking proactive employment law advice from reputable employment solicitors, advice which can help one lay down the ground rules in writing of what is expected from employees during the course of their employment, and also what they can expect in return from their employer. Employment law is a legal minefield for the uninitiated and yet the framework involves the legal relationship between workers, employers and trade unions and is there for the protection of all stakeholders and parties involved.
Much of the rules governing work place rights and the framework of employment law is constantly changing and has to follow Eurpean legislation; indeed, working time directives, working time regulation and minimum wage laws combined with paternity and maternity leave regulations plus pensions regulations, the red tape which ties up employers, is easily able to trip up the unwary employer. Small businesses are especially susceptible to issues arising from non compliance with one set of regulations or another; however, any business regardless of size, mode of operation or number of employees and stakeholders is liable to fall foul of the hundreds of regulations pertaining to the legal framework due to the ever changing nature of employment law.
The current legislation which enshrines employment law is largely a product of the last thirty years or so but it has its roots firmly set in the feudal system of mediaeval Europe when the peasant classes began to revolt against the draconian rule of their overlords and their seemingly inalienable right of determination over their serfs. It wasn’t until the industrial revolution that working people were able to organise themselves into effective trade unions and present claims to employers, although in many cases unions were treated with some contempt. Organised labour and effective legislation came about before, during and immediately after the first world war and since that time there has been a continuous struggle for better conditions and a fair framework for employers and employees.
While the current legislation can be confusing at times , it is on the whole a level playing field for all stakeholders involved providing a company and its employees are both signatories to accredited contracts and agreements. Ensuring fair play within the legal maze that is employment law is an essential element of the services of employment solicitors and the advice they provide.
More detailed information concerning employment law advice from employment solicitors Oury Clark can be obtained form their company website. Contact details are available for follow up advice and the opportunity of speaking to a legal professional; the address is http://www.ouryclark.com/guides/uk-employment-law.
A short video featuring my brother on people with Autism in the workplace.
Mar
15
Employment with permanent residency
Article by Abhinav
Employment with permanent residency
Canada is a country which has one of the largest numbers of immigrants. Economic business men and skilled labors make the maximum proportion of Canadian immigrants. As the department is flooded with number of applications for visa approval, the officers need time to approve those visa applications. Arranged employment opinion processing times may vary from case to case.Arranged employment opinion is an offer of employment in favor of an application for permanent residence visa especially under the Skilled Worker Program. This is applicable to those skilled workers and professionals who choose to apply through the regular application process. To get arranged employment Canada immigration one should have Permanent job offer from a Canadian employer, approved by the Canadian Government Department of Human Resources and Skills Development Canada (HRSDC) or should have a permanent job offer from a Canadian employer, without the necessity of human resources and skills development Canada approval, if at any time of applying for the permanent resident visa, the applicant is employed in Canada by the same employer, on one of the temporary work permits that allow for arranged employment in Canada.Employers can offer a job to a Skilled Worker for a full-time, permanent position in their organization. This will help both the employee and the employer. Employer will bring needed skills and employee will be eligible to apply for permanent residence visa.A work permit is a temporary resident visa while an arranged employment opinion is not for temporary visa application. Applicant needs Labor Market Opinion (LMO) to support a work permit application. Those who want to immigrate to Canada permanently arranged employment is a valuable document.A Permanent Resident visa application supported with an AEO requires 8 -18 months to be processed and depends on the Canadian visa post where it is applied. The time needed for the processing of Permanent Resident visa applications with an Arranged Employment Opinion lies between twelve to eighteen months. This period can be divided as two to six months for business associates to help clients obtain an arranged employment opinion document and nearby eight months for the processing of Canadian embassy.An arranged employment opinion (AEO) is based on following factors:•The job offer should be permanent•The job offer should be genuine•The wages and working conditions offered for the job are comparable to those offered to Canadians working in the occupation•The employment must be full-time and not seasonal.The Skilled Worker should include applicants written permanent job offer and the AEO letter of confirmation with the permanent resident application, along with other documentation required by Citizenship and immigration department of Canada. The application is rated by points and these documents improve the score secured by Foreign Worker’s and enhance the chance to receive a permanent resident visa.Total expenses and professional fees for this program depend on various factors, like on the age of the applicant at the time of applying and on the profession and skills of the main Applicant and his/her family composition. There are separate regulations for Quebec.The arranged employment opinion processing times is usually more than one year and less than two years. It is a scheme beneficial to the country as well as the applicant. Applicant receives all the benefits of being a permanent resident and Canada gets the required skills from the applicant.
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