Employer - Law Dictionary Search Results
Home Dictionary Name: employer Page: 5 Page 5 of about 957 results (0.002 seconds)self-employment tax
self-employment tax Social Security and Medicare tax paid by individuals who work for themselves. ...
employment expenses
employment expenses Ordinary and necessary expenses necessary to perform the duties for which an employee was hired. ...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
Retrenchment
Retrenchment, in its ordinary connotation is discharge of labour as surplus though the business or work itself is continued, S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27.Means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (oo)]T...
unfair labor practice
unfair labor practice : any of various acts by an employer or labor organization that violate a right or protection under applicable labor laws NOTE: The unfair labor practices that are specified in the National Labor Relations Act are the following: 1) the interference, restraint, or coercion of employees in the exercise of their rights by an employer; 2) domination of a labor organization by an employer; 3) encouragement or discouragement of union membership by discrimination in hiring or conditions of employment by an employer; 4) discrimination against an employee for filing charges of or testifying regarding an unfair labor practice by an employer; 5) refusal of an employer to bargain with the collective bargaining agent; 6) restraint or coercion of employers or employees by a labor organization; 7) coercion of an employer by a labor organization to discriminate against an employee; 8) refusal of a labor organization to bargain collectively with an employer; 9) engaging in ill...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
strike
strike struck struck also: strick·en strik·ing vi 1 : to remove or delete something 2 : to stop work in order to force an employer to comply with demands vt 1 : to remove or delete from a legal document and esp. from the record of a trial [it struck that part of [the] injunction "National Law Journal"] 2 : to remove (a prospective juror) from a venire 3 : to engage in a strike against (an employer) n 1 : the removal of a potential juror from a venire compare challenge 2 : a concerted work stoppage, interruption, or slowdown by a body of workers to enforce compliance with demands made on an employer see also rent strike Labor Management Relations Act in the Important Laws section compare job action economic strike : a strike that is brought against an employer because of a dispute regarding economic benefits or conditions (as wages) NOTE: Workers engaged in an economic strike can legally be replaced permanently. No-strike clauses in collective bargaining agreements ...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Apprentice
Apprentice [fr. apprendre, Fr., to learn], a person bound by indentures of apprenticeship to a tradesman or artificer ,who covenants to teach him his trade or mystery. The master is bound to instruct his apprentice, and to make him master of the art so far as his capacity to learn will permit. If the master die, or become bankrupt, or abandon the trade, the obligation of the apprentice is at an end. Conversely, that the apprentice has done anything incompatible with faithful service, is a just cause of dismissal, Pearce v. Foster, (1886) 17 QBD 536 CA, and see Learoyd v. Brooks, 1891 (1) QB 431. An infant can bind himself by a deed of apprenticeship, Green v. Thompson, 1899 (2) QB 1. With regard to apprentices for the mercantile marine, see The (English) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60). Apprentices are within the Workmen's Compensation Act, 1925, ss. 3 and 35. Justices of the peace have jurisdiction in many questions between master and apprentice. For instance, the (E...
Employment
Employment, the word 'employment' is not a word with a single fixed meaning but it has many connotations. On the one side it may bear the narrow meaning of relationship of employer and employee and on the other, it may mean in its widest connotation any engagement or any work in which one is engaged. If the former be the sense in which the word 'employment' is used in clause (d) of Article 319, the office of Governor would certainly not be an employment, because the Governor of a State is not an employee or servant of anyone, Hargovind Pant v. Dr. Raghukul Tilak, (1979) 3 SCC 458: (1979) 3 SCR 972.The word 'employment' must be construed as emp-loyment in the regular course of business of the establishment. Such employment obviously would not include employment of a few persons for a short period on account of some passing necessity or some temporary emergency beyond the control of the company, P.F. Inspector v. T.S. Hariharan, AIR 1971 SC 1519 (1524): (1971) 2 SCC 68.The concept of emp...
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