Skip to main content

Tort Liability and Employment Law: Intertwined Concepts

Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...
Post a Comment

C002 - Unemployment Convention, 1919 (No. 2)

C002 - Unemployment Convention, 1919 (No. 2)

Convention concerning Unemployment (Entry into force: 14 Jul 1921)

Adoption: Washington, 1st ILC session (28 Nov 1919)

Preamble

The General Conference of the International Labour Organisation,

Having been convened at Washington by the Government of the United States of America on the 29th day of October 1919, and

Having decided upon the adoption of certain proposals with regard to the "question of preventing or providing against unemployment", which is the second item in the agenda for the Washington meeting of the Conference, and

Having determined that these proposals shall take the form of an international Convention,

adopts the following Convention, which may be cited as the Unemployment Convention, 1919, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:

Article 1

Each Member which ratifies this Convention shall communicate to the International Labour Office, at intervals as short as possible and not exceeding three months, all available information, statistical or otherwise, concerning unemployment, including reports on measures taken or contemplated to combat unemployment. Whenever practicable, the information shall be made available for such communication not later than three months after the end of the period to which it relates.

Article 2
  1. 1. Each Member which ratifies this Convention shall establish a system of free public employment agencies under the control of a central authority. Committees, which shall include representatives of employers and of workers, shall be appointed to advise on matters concerning the carrying on of these agencies.
  2. 2. Where both public and private free employment agencies exist, steps shall be taken to co-ordinate the operations of such agencies on a national scale.
  3. 3. The operations of the various national systems shall be co-ordinated by the International Labour Office in agreement with the countries concerned.
Article 3

The Members of the International Labour Organisation which ratify this Convention and which have established systems of insurance against unemployment shall, upon terms being agreed between the Members concerned, make arrangements whereby workers belonging to one Member and working in the territory of another shall be admitted to the same rates of benefit of such insurance as those which obtain for the workers belonging to the latter.

Article 4

The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.

Article 5
  1. 1. Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, protectorates and possessions which are not fully self-governing--
    • (a) except where owing to the local conditions its provisions are inapplicable; or
    • (b) subject to such modifications as may be necessary to adapt its provisions to local conditions.
  2. 2. Each Member shall notify to the International Labour Office the action taken in respect of each of its colonies, protectorates, and possessions which are are not fully self-governing.
Article 6

As soon as the ratifications of three Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.

Article 7

This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, but it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.

Article 8

Each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1921, and to take such action as may be necessary to make these provisions effective.

Article 9

A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.

Article 10

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 11

The French and English texts of this Convention shall both be authentic.

Labels:

Comments

Post a Comment

Popular posts from this blog

The Settlement of Individual and Collective Labour Disputes under Ethiopian Labour Law

Hiruy Wubie [*] E-Journal of International and Comparative LABOUR STUDIES DOWNLOAD PDF Introductory Remarks The settlement of labour disputes is a precondition for a harmonious working environment. Clarity of laws governing labour relations, as well as their consistent and adequate implementation, contributes to the establishment of a dependable system of dispute settlement. Pursuant to Ethiopian labour law, labour disputes are classified as individual and collective, and a number of bodies are in charge of resolving these disputes. Yet confusion on the criteria used to draw a distinction between individual and collective labour disputes brings about major issues in terms of interpretation and implementation of relevant legal rules and judicial decisions.
5 comments
Read more

Judicial Limitations on Employer’s Power of Transfer of Workers

In almost all levels of the judiciary, one could hardly find any decision interpreting or applying the provisions of the labour proclamation dealing with variation of employment contract. It is not because they didn’t encounter disputes relating to variation, rather the reason lies in their failure to relate the law with the relevant facts of the case. Variation implies making changes to the terms and conditions of the contract. Two important elements of the terms and conditions are the job duties and work location. A contract of employment is a legally binding agreement: the two parties are bound by its terms and it is enforceable in law. An employer wishing to make changes should first obtain consent of the worker. 
Post a Comment
Read more