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Scanning/ Employment Law

Scanning

O que é um scanner?

O que significa o verbo “to scan”?

Como você imagina que pode “escanear”


um texto durante sua leitura?

“Scanning”é uma técnica de leitura rápida, usada para buscar informação específicas dentro de um
texto. Trata-se de uma leitura não-linear e seletiva, orientada pela localização de um objetivo
específico.

Exercício 1: Liste abaixo algumas situações do cotidiano em que você utiliza o “scanning”:

___________________ ___________________ ___________________

Aplicada à leitura de textos, a estratégia “scanning” funciona da seguinte maneira:


1) Ler a pergunta;
2) Decidir que tipo de informação você está procurando (um número, uma data, um nome...);
3) Procurar somente a informação que deseja. Não é necessário ler todas as palavras de cada
frase.

Vamos colocar o scanning em prática?

Exercício 2: Leia o texto (um contrato de trabalho) que se encontra no final desta unidade
rapidamente e procure os trechos em que tratam dos seguintes assuntos:

- Descrição do cargo

- Salário do empregado

- Propriedade intelectual do empregador

- Direito de dispensar o trabalhador caso ele sofra algum dano físico que o impeça de realizar seu
trabalho.

Exercício 3: Agora, ainda utilizando a mesma estratégia de leitura, encontre pelo menos 6 cognatas e
liste-as abaixo:

Exercício 4: Na sua opinião, o contrato em questão está escrito em “legalese” ou em “plain legal
english”? Por quê? Dê exemplos do texto.

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EMPLOYMENT LAW

Exercício 5: Examine atentamente as seis fotos abaixo e faça o que se pede a seguir:

a) Qual o nome da empresa? Que tipo de empresa é essa? _______________________________

b) Quais seriam os cargos dos profissionais mostrados nas fotos (complete a coluna 1 abaixo):

CARGO ATIVIDADES CAUSA DE DEMISSÃO

Foto 1 : ______________________ Strategic management Age

Checking stock of items on


Foto 2 : ______________________ Hygiene Problems
shelves

Foto 3 : ______________________ Hiding and firing Personality Clash with MD

Foto 4 : ______________________ Serving customers Theft

Foto 5 : ______________________ Collecting trolleys Damaging Stock

Foto 6 : ______________________ Working on the till Decline in company profits

c) Agora, relacione os cargos às atividades e a possíveis causas de demissão desses profissionais


na tabela acima.

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d) Relacione também as fotos e os profissionais acima às falas abaixo:

I’m 65 next week and still very fit. I


I didn’t think I was being
enjoy my job. When the managers
I regret this financial paid the minimum wage and
asked to see me I thought they quarter has been firstly I asked my line
wanted to give me a birthday card. unprofitable and we manager to help me. When I
have to drastically cut got no response I contacted
They gave my dismissal cards my trade union. The next
our costs. Usually I do
instead. It’s a disgrace. They are all I can to keep staff, day I was called into the
always complaining of being short- but, in the current office and given a week’s
situation, I’m afraid notice.
staffed, but they still kick you out
we will have to let
when you reach a certain age. some people go.

I had only been here a week It was only a bit of fun. The
when I got pregnant – they customers didn’t see what we
told me I couldn’t work here were doing. They say we
any more because I wouldn’t should enjoy our work, but
be able to stand behind the they never let us. Up to a point
counter all day. I understand why the
management took disciplinary
action, because what we did
was a bit stupid. But we
certainly didn’t deserve the
sack.

Exercício 6: Leia o texto abaixo e preste atenção às palavras em negrito:

Employment Law is important for the management of companies. For example:

- Contracts of employment and job descriptions are formal documents which


companies must produce when there is a dispute.

- Your employer must have a good reason for dismissing you. You normally cannot
claim unfair dismissal unless you have one year’s continuous service. Regardless of
the reason for the dismissal, the employer must act fairly and follow the correct
procedure.

- The potentially fair ways of dismissing an employee are for: conduct at work;
capability; redundancy; retirement; statutory restriction or another substantial
reason.

- A substantial reason could be something such as an unresolvable personality clash


with a colleague.

- Even if you do not have one year’s service your dismissal will be automatically
unfair if, for example, you are sacked because you take statutory paternity leave.

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Tente relacionar as palavras em negrito do texto que acabou de ler às definições abaixo:

a) Being sacked from a job in a way that entitles an f) dismissal from employment either because your
employee to seek redress from an employment employer no longer needs you or your job no longer
tribunal. exists.

b) the steps that must be taken in order to ensure g) time off work that father is entitled to following
that the dismissal is fair. the birth or adoption of his child.

c) a formal document setting out the exact terms and h) the period of time spent working for a company or
conditions under which a person is employed. organization.

d) a detailed list of all duties that an employee must i) something that is considered to be of overwhelming
carry out. importance as grounds for a fair dismissal.

e) the way in which an employee fulfills the duties j) where an employee is prevented from fulfilling the
that are required in the job. contract of employment, because to do so would
break the law.

Exercício 7: O “Employment Rights Act 1996” reúne os direitos dos trabalhadores na Inglaterra. Leia
um trecho de seu texto seguir e separe em duas colunas motivos que justificam/permitem a “fair
dismissal” e que caracterizam a “unfair dismissal”.

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FAIR DISMISSAL UNFAIR DISMISSAL

Exercício 8: Leia o texto do caso Wise Group v Mitchell já pensando em responder às seguintes
perguntas:

 A que conclusão o tribunal trabalhista chegou?

 Baseado em que fatos o tribunal chegou à conclusão de que se tratou de uma demissão
indevida?

 O resultado foi favorável a Mitchell?

 Você acredita que o veredito foi justo neste caso?

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Exercício 9: Leia a história retratada
ao lado e complete os espaços que
contêm números com as palavras ou
expressões abaixo:

Correct - ___________

Sacked - ___________

Procedure - ___________

Salary - ___________

Service - ___________

Claim - ___________

Continuous - ___________

Notice - ___________

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EMPLOYMENT AGREEMENT

This Employment Agreement ("Agreement") is made effective on ___________, by and between


________________ (“Employee”) and ___________________ (“Employer”).

Employee will primarily perform their the job duties at ______________________.

Whereas Employer desires the services of Employee, and Employee is willing to be employed
by Employer, the parties therefore agree as follows:

1. Employment. Employee shall provide the following general services:


___________________________. Employee accepts and agrees to such employment, and
agrees to be subject to the general supervision, advice and direction of ________.
Employee shall also perform (i) such other duties as are customarily performed by an
employee in a similar position, and (ii) such other and unrelated services and duties as
may be assigned to from time to time.

2. Best efforts of Employee. Employee agrees to perform faithfully, industriously, and to the
best of their ability, experience, and talents, all of the duties that may be required by the
express and implicit terms of this Agreement, to the reasonable satisfaction of Employer.
Such duties shall be provided at such place(s) as the needs, business, or opportunities of
business may require from time to time.

3. Compensation of Employee. Employee will receive an annual salary of $__________,


payable in accordance with Employer’s standard payroll procedures. Upon termination of
this Agreement, for any reason, payments under this paragraph shall cease; provided,
however, that Employee shall be entitled to payments for periods or partial periods that
occurred prior to the date of termination and for which Employee has not already been
paid, and for any commission earned in accordance with
customary procedures, if applicable. No payment shall be made for untaken personal or
vacation days. This section of the Agreement is included for accounting and payroll
purposes and should not be construed as establishing a minimum or definite term of
employment.

4. Expense Reimbursement. Employer will reimburse Employee for expenses undertaken for
business purposes in accordance with its policies then in effect.

5. Confidentiality. Employee recognizes the importance of protecting Employer’s intellectual


property, trade secrets, and business knowledge. Employee will not divulge this vital
information items ("Information") which are valuable, special and unique assets of

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Employer, and Employee further agrees that Employee will not at any time or in any
manner, either directly or indirectly, divulge, disclose, or communicate any Information to
any third party without Employer’s prior written consent. Employee will protect the
Information and treat it as strictly confidential at all times, during and after Employee’s
employment ends with Employer. A violation by of this section shall be a material violation
of this Agreement and will justify legal and/or equitable relief and injunction, where
appropriate by Employer.

6. Unauthorized Disclosure of Information. If it appears Employee has disclosed, or


threatened disclosure, of Information in violation of this Agreement, Employer shall be
entitled to an injunction to restrain Employee from disclosing, in whole or in part, such
Information, or from providing any services to any party to whom such Information has
been disclosed or may be disclosed. Employer shall not be prohibited by this provision
from pursuing other remedies, including a claim for losses and damages.

7. Confidentiality after Termination. The confidentiality provisions of this Agreement shall


remain in full force and effect for 1 Year after the termination of Employee’s employment.
During such year, neither party shall make or permit the making of any public
announcement or statement of any kind that was formerly employed by or connected with
Employer.

8. Non-Compete Agreement. Employee recognizes that Employer Information is a special and


unique asset of the company and needs to be protected from improper disclosure. In
consideration of the disclosure of the Information, Employee agrees that for one (1) year
following the termination of this Agreement, whether such termination is voluntary or
involuntary, Employee will not directly or indirectly engage in any business that directly or
indirectly competes with Employer. This agreement shall apply to directly or indirectly
engaging in any competitive business which includes, but is not limited to: (i) engaging in a
business as owner, partner, or agent, (ii) becoming an employee of any third party that is
engaged in such business, (iii) becoming interested directly or indirectly in any such
business, or (iv) soliciting any customer of Employer for the
benefit of a third party that is engaged in such business. Employee agrees that this non-
compete provision will not adversely affect 's livelihood and waives any right to make any
such claim in the future. If there are geographic limits to this Section, they should be listed
here: ___________________. If none appear, the Agreement will presume none are
applicable in the eyes of both Employee and Employer and this Section should be
construed accordingly by any court of competent jurisdiction. Furthermore, Employee shall
be responsible to show any prospective new employer during this one year time period this
provision of this Agreement, to reduce the likelihood of that Employer causing Employee to
violate this Agreement.

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9. Employee Inability to Contract for Employer. Employee shall not have the right to make
any contracts or commitments for or on behalf of Employer without
first obtaining the express written consent of Employer.

10. Benefits, Holidays, Insurance, Personal Leave and Vacation. Employee shall be entitled to
these according to the Employer’s policies in effect at the time.

11. Term and Termination. Employee employment under this Agreement shall be for an
unspecified term on an "at will" basis. Either party may terminate this Agreement with 30
days written notice. Violation of this Agreement will terminate employment without notice
and with no compensation, except for that due up to such date of termination.

12. Termination for Disability. Employer has the option to terminate this Agreement, if
Employee becomes permanently disabled and is no longer able to perform the essential
functions of the position with reasonable accommodation. Employer shall exercise this
option by giving 90 Days written notice to Employee.

13. Compliance with Employer Rules, Policies, and Procedures. Employee agrees to comply
with all of the rules and regulations of Employer, and understands that these rules will
change from time to time, and Employee must continue to abide by them in order to
continue employment with Employer.

14. Return of Property. Upon termination of this Agreement, Employee shall deliver to
Employer all property, which is property or related to Employer's business (including keys,
records, notes, data, models, laptops, printers, cell phones and all other equipment) that is
in Employee’s possession, custody, or control.

15. Notices.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall
be given to the appropriate party by personal delivery or a recognized over night delivery
service such as FedEx.

If to Employee: _____________________________________________________.

If to Employer: ___________________________________________________.

16. No Waiver.

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The waiver or failure of either party to exercise in any respect any right provided in this
agreement shall not be deemed a waiver of any other right or remedy to which the party may be
entitled.

17. Entirety of Agreement.

The terms and conditions set forth herein constitute the entire agreement between the parties
and supersede any communications or previous agreements with respect to the subject matter
of this Agreement. There are no written or oral understandings directly or indirectly related to
this Agreement that are not set forth herein. No change can be made to this Agreement other
than in writing and signed by both parties.

18. Governing Law.

This Agreement shall be construed and enforced according to the laws of the State of
____________________ and any dispute under this Agreement must be brought in this venue
and no other.

19. Headings in this Agreement

The headings in this Agreement are for convenience only, confirm no rights or obligations in
either party, and do not alter any terms of this Agreement.

20. Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or


unenforceable, then this Agreement, including all of the remaining terms, will remain in full force
and effect as if such invalid or unenforceable term had never been included.

In Witness whereof, the parties have executed this Agreement as of the date first written above.

_________________________ _______________________
Employee Employer

___________________
Date

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