February 2011

Monday, February 28, 2011

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tours in Europe out of the ordinary

You're already planning your trip to Europe this spring or summer?
Maybe you've already purchased your ticket or your package.

So it's also time to plan your stay.
What's more exciting than preparing our visits and excursions.

Remember that it is possible to purchase your excursions in advance with your travel consultant.
You will have the advantage of paying in Canadian dollars instead of euros or even sterling. Moreover, the choice of tours that are recognized for their quality and professionalism.
not forget that excursions are offered in French.

Here are some ideas:

In England:

Windsor, Stonehenge and visit the Roman baths with champagne, breakfast included.
Daily departures

Oxford, Stratford, Warwick Castle and the Cotswolds
Visit Christchurch where Harry Potter was filmed, visit Warwick Castle (the largest medieval site of Britain, Shakespeare Birthplace Museum in the beautiful town of Stratford-upon-Avon, lunch è a 15th century inn followed by a walk through the Cotswolds è, soak up the atmosphere of Oxford and learn more about life in the university town.
Sailing Tuesday, Thursday, Friday, Saturday and Sunday = d

England in one day private tour
the birthplace of Shakespeare and enjoy scones with strawberries and champagne in her garden.
Departs Wednesday, Friday and Sunday

War Tunnels Dover Castle, Canterbury and cruise on the Thames.
Experience what life was like for soldiers stationed at the castle during World War II, making a tour of the Secret Wartime Tunnels.

Tour Jack the Ripper
evening panoramic tour of the dark side of London. Guided walk on the trail of the death of Jack the Ripper.

Tour Harry Potter taxi
Enjoy a guided tour of two hours of your black taxi driver to see all London sites used in six films.

Visit London haunted
A journey of haunted London that could give you goose bumps in the luxury of your traditional black cab.

The medieval banquet medieval banquet
A genuine you will go back in time to old England, with songs and dances at the court of Henry VIII.

Liverpool Beatles-themed
Visit places of Liverpool than the Beatles made famous.

France:

Citroen 2CV rides
The 2CV Citroen embodies like no other key French. Sit back and enjoy the drive in less known parts of Paris.

The delicacies of Paris
A gastronome warned you to discover some of the greatest French cuisine at an attractive promenade of Paris.

The Champagne region
Enjoy this day to take in Champagne a glass of this sparkling wine.

Italy

Banquet Renaissance Florence
Experience an unforgettable evening of Renaissance in the magnificent scenery of the ancient noble residence halls.

Legends and Ghosts of Venice
Take an evening stroll and discover unusual itineraries, accompanied by tales of the rich tradition of legends and anecdotes of a city with a culture old.

Spain

Evening discovery of tapas bars in Barcelona
Stroll peacefully and learn some of the best pubs and bars in Barcelona.

All tours are available from your travel consultant. You can also view many other choices in the brochures available from Air Canada Vacations, Transat Holidays and Tours Maison.

Good planning!

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on probation

Work Contract Probation

When a change of position is offered to an employee, it is possible to set a probationary period that will ensure that the employee is able to occupy these new features.

This probationary period shall be formalized in writing.

The employee may refuse to approve the establishment of a probationary period.

The trial evaluates the employee's skills and adapting it to his workstation.

This period is distinguished from the professional testing (before signing the contract) and the probationary period (in case of change of functions).

If an employee changes position, so we can fix through an addendum to the contract of employment a probationary period, which ensures that it will take the measure of his new responsibilities.

Unlike a trial, it does not allow an immediate breach of the contract if the employee does not give satisfaction in his new position. His arrest has

result that put the parties in the previous situation, and the employee must return to a position equivalent to one he held before the change of contract and remuneration

Saturday, February 26, 2011

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on taking note of the termination of the employment contract

Taking note of the termination of the employment contract. When an employee complains

his employer some shortcomings in the implementation of the employment contract, he can take note of the termination of his contract to harm the employer.

Judges must then decide on complaints against the employer:
- if true and serious enough, the break has the effect of a dismissal without cause real and serious;
-if they are not serious enough, the break produced the effects of resignation.

facts "sufficiently serious" may be, for example,
-non-payment of wages,
-an amendment of the employment contract without the consent of the employee, it
non-compliance with hygiene and security.

If a serious breach is found against the employer, the employer may be ordered to pay compensation:
-at least six months' salary if the company has 11 employees or more if the employee has seniority over 2years.
- determined by the judges depending on the damage suffered, if the company fewer than 11 employees or if the employee has a length less than 2 years.

Taking action is thus a failure mode of the employment relationship, acknowledged by the courts, which is a kind of forced resignation of an employee who said in a letter that he wishes to terminate his employment contract because he criticized a number of mistakes to his employer.

Taking action can therefore break the employment contract without giving up its rights. The employee resigns

forcibly and asked the Industrial Tribunal's decision to classify an act as termination without cause real and serious. It

may seek damages for unfair dismissal and statutory redundancy pay her.

Taking note of the termination of the employment contract can indeed be described as unfair dismissal if the facts alleged against the employer and must be proved are serious enough.

If this is not the case, the taking of action has the effect of a resignation.

In addition, the reclassification in dismissal without real and serious cause is left to the sovereign power of trial judges.

In addition, it is possible to add those objections listed in the letter making act as the latter does not bind the debates and sets no limits to the dispute contrary to the letter of dismissal.

The employer may however be compensated for non-compliance with the notice when the resignation is worth taking note.

In other words, when taking note of the termination amounted to a resignation, the employer may ask to be indemnified by the employee for non-compliance notice.

Thursday, February 24, 2011

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lover of underwater photography?

From April 10 to 14, the Isle of Youth will host the event Fotosub Colony in 2011 dedicated to lovers of photography underwater.

Group of Companies Marlin Nautical and Marinas Ltd, responsible for organizing the event, hear exceed the highest expectations of a professional can consider this specialty.

Fotosub Colony 2011 is a meeting at competitive nature. Its basic rationale of the selection and presentation of photographs of the flora and underwater fauna of Cuba, made during the competition days. In this sense and to ensure the success of the meeting, a settlement has been developed and online at the site of the encounter.

competition categories: fish, landscape, landscape and macro diving.

Price:
Fotosub 2011 Colony award a total of 14 awards.

Info: www.photosubcuba.com

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News LexisNexis JurisClasseur Inability

23/02/2011 - 17:54 Social

The calculation of the minimum wage should not include remuneration for time to pause Carrefour sentenced

By four SHUT , ts dated 15 February 2011, the Criminal Chamber of the Supreme Court's jurisprudence on the alignment of the chamber on the social exclusion of breaks in the basis for calculating the minimum wage.

On 13 July 2010, the Social Chamber established the principle that, combined application of Articles L. 3121-1, L. 3121-2 and D. 3231-6 of the Labour Code, paying premiums conventional rest breaks should not be taken into consideration in calculating the minimum wage (Cass. soc., 13 July. 2010, No. 09-42890, 09-42891 and 09-42892: Jurisdata No. 2010-011691; JCP S 2010, 1536, note J.-Ph. Tricoit. - V. also Cass. Soc., November 9, 2010, No. 09-65315 and No. 09-65316: Jurisdata 2010-020685).

Under Article L. 3121-33 Labour Code, the worker is entitled to a minimum break of twenty minutes when daily working time exceeds six hours. Employers involved in this case were paid a monthly salary supplement to employees and included it in the calculation of the base of the SMIC under the collective agreement for retail and wholesale food applicable to character which requires supermarkets and hypermarkets to pay the break times at the rate of and a package of 5% of salary. The question was whether the lump sum should be regarded as remuneration for time actually worked and therefore included in the compensation elements for the calculation of the minimum wage, or whether it was purely damages. In
for the integration of compensation in the calculation basis of the minimum wage, employers relied in particular that this award was Port & # 233; e on the payroll, and paid to all employees, including employees absent on leave or permanently and permanent. Therefore, these pause should be regarded as additional salary, included as such in the base calculation of the minimum wage; Moreover, it does "not compensate for the constraints and difficulties imposed on particular employees, such as unhealthy ;, danger or cold "and therefore had no indemnity.
The Criminal Division does not follow the arguments and agrees to the principle of the social room. The actual working time is "time during which the employee is at the disposal of the employer and complies with its directives without being able to attend personal affairs ";" the employer may not include in the calculation of wages, to bring them at the minimum wage, compensation & # sp 233; cific, under an agreement or a collective agreement or an employment contract, which may be the time used for breaks, if they re ; lay not with this definition. " In this case, employees are not available to the employer during breaks, it followed that "the premium paying them, not recognized as actual working time, was excluded from the wage front & # 234; be compared to the minimum wage. " Therefore, wages paid, excluding the premium, were actually lower than the S
MIC, and companies must & # 234; be sentenced to pay damages and a fifth-class under Section A. 3233-1 of the Labour Code.

Source:

Cass. Crim., Feb. 15. 2011, No. 10-87019, FS-P + B + I, Synd. CFDT and CGT trade Rhone v. Carrefour hypermarkets Sté: Jurisdata No. 2011-0016968
Cass. Crim., Feb. 15. 2011, No. 10-83988, P + B + I, MJ c / Company Daguia: Jurisdata No. 2011-001701
Cass. Crim., Feb. 15. 2011, No. 10-87185, FS-D Synd. CFDT and CGT trade Rhone v. Carrefour hypermarkets Sté: Jurisdata No. 2011-001755

Cass. Crim., Feb. 15. 2011, No. 09-83741, FS-D, MB and a. c / Company Guyenne et Gascogne and a. : Jurisdata No. 2011-001754

Wednesday, February 23, 2011

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: non-renewal of contract and discrimination on grounds of health

No employee may be subject to discrimination because of his health, particularly with regard to contract renewal.

The state of health is prohibited grounds of discrimination included in the list in Article L. 1231-1 of the Labour Code. The law does provide that "differences of treatment based on the unsuitability recognized by the medical work because of health or disability does not constitute discrimination when objective, necessary and proportionate ". (Article L. 1133-3 c. trav.). The difference in treatment is permissible only if the incapacity has been proven by the occupational physician. However, it is well known that the Board is very committed to social forms in which the finding of unfitness must intervene and particularly to the rule that it can be regularly found at the end of a double review Medical (article R. 4624-31 c. trav.). Requirements whose jurisprudence shown here have impact on the applicability of Article L. 1133-3 of the Labour Code. Thus constitutes discrimination because of health status dismissal pronounced physically unfit while the examination by the occupational physician as part of the annual survey of employees could be considered the first of two exams required by Section A. 4624-31 Labour Code (Soc. May 16, 2000, Bull. Civ. V, No. 182; RJS 2000. 554, No. 789, Dr. soc. 2000. 781, note Savatier). It has likewise been held that the dismissal in case of physical incapacity not reclassifying pronounced in the absence of double examination under Article by R. 241-5-1 is invalid pursuant to Article L. 1132-1 of the Labour Code (Soc. Feb. 16. 1999, Bull. Civ. V, No. 76, Dr. soc. 1999. 528, obs. Savatier, 20 September 2006, RJS 2006. 868, No. 1169 ).

This decision confirms the principle solution s'inférait of these various decisions and can not be expressed more clearly. Section L. 1133-3 of the Labour Code "applies only in cases of unfitness found by the occupational physician in accordance with the provisions of Article R. 4624-31 Labour Code. " The condition was failing in this case. The inability of the employee had not been seen by the doctor work after a medical examination twice. The latter was issued after the visit of recovery, review of fitness with reservations which amounts to a review of competency and had confirmed this conclusion during a medical examination carried out five months later his initiative.

Confined originally only to sanctions and dismissal, the requirement of non-discrimination to encompass all aspects of the employment relationship, including the assumption of non-renewal of employment contract (art. L. 1132-1 c. trav.). This decision is the first application of the requirement of non-discrimination in this situation (V. for rejection, Soc. June 20, 2007, No. 05-45102, Dalloz jurisprudence), which explains why it has the honor of being intended to be included in the annual report. It was a case of an employee under contract adults bridge, permanent contracts or fixed term found under Item 1, Article L. 1242-3 within a period of three years renewable once (Art. 5134-103 L. c. trav.). The employer had renewed their term of all contracts of fixed-term work concluded under this provision except that the employee concerned, twenty-seven contracts renewed twenty-eight contracts. Undoubtedly, the comparison implied in this case the existence of discrimination in respect of the health of salarié.source Dalloz L. Perrin Editions Dalloz Dalloz news © 2011

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Barbados: Tour the theme of slavery

Barbados is putting up the Barbados Slave Route Heritage Trail & Tour , is a tourist route commemorating the country's history marked by slavery. The solgan: E mpreintes of freedom: the history of Barbados .

Newton Slave Burial Ground

The driver circuit, a four-hour is punctuated with detours to sites whose history is linked to the slave trade. Among these sites there is the Gun Hill Signal Station and Sweet Vale (formerly Sweet Bottom) at St.George, the Newton Slave Burial Ground planting Newton and Bourne's Land (Christ Church) and The Cage, Bridgetown.

Gun Hill Signal Station

The tourism ministry has a threefold goal with this tour: to encourage visitors to go or return to Barbados to discover this aspect of its history, further integrating the sphere of philanthropy and educate residents on the history of their island.

This new circuit will be available to cruise passengers who make a stopover in Barbados.

Tuesday, February 22, 2011

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On indemintés dismissal

statutory redundancy:

The amount of statutory redundancy payment is due in particular to the employee's seniority and remuneration. Seniority

The statutory redundancy payment is due to the employee when he has one year of seniority in the company. This rule applies since
June 27, 2008. Previously, the employee would have earned 2 years of seniority.
Redundancy or personal reasons: a single amount of compensation
The statutory redundancy payment is the same whether a dismissal for economic reasons or for personal reasons.

It is calculated based on gross earnings received prior to the termination of employment contract (Labour Code, art. L. 1234-9 and 1234-4 A.) on the basis of:
fifth month gross salary per year of seniority;
plus 2 / 15 months of gross salary per year over 10 years seniority.

if your collective agreement provides a different basis of calculation, we must compare the amount that the statutory redundancy payment. This is the most favorable amount to be paid to the employee.

the money not constitute a salary, such as:
sharing bonuses or incentive;

reimbursement of expenses are excluded from the calculation base of the indemnity.

statutory redundancy in case of modified working hours
Where an employee has been held successively in time full and part time (or vice versa), the indemnity is calculated in proportion to the periods of employment, according to one or the other of these two methods since joining the company. souce edition tissot

statutory redundancy
Redundancy

Since modernization law of the labor market of the minimum statutory redundancy payment is fixed à1/5e months of salary per year worked, plus two / 15th of the month a year beyond 10 years of seniority. The minimum the statutory redundancy payment is a fifth month of salary per year worked, plus two fifteenths months per year over ten years seniority.

the statutory redundancy severance

severance pay is 1 / 5th of a month's salary per year worked, plus 2/15ème months per year over ten years of age (Article R 1234-2 of the Labour Code), regardless of the reason for dismissal.
Fractions of years are recorded incomplete (Article R122-2 of the old labor code and R 1234-1 code). Under Article
R 1234-4 of the Labour Code, the basis of the statutory redundancy payment is compensation Gross
is the 12th of the remuneration of the last twelve months;
is the third of three months.
To determine the amount of compensation, seniority is assessed at the normal expiry date of the notice of termination, whether or not executed

dismissal indemnities
statutory redundancy
Redundancy

Since the law of modernization of the labor market of the minimum statutory redundancy payment, is set à1/5e months of salary per year of service, plus 2/15e months per year beyond 10 years of seniority. The minimum amount of statutory redundancy payment is a fifth month of salary per year worked, plus two fifteenths of months per year over ten years seniority.

dismissal indemnities
Since the decree of 18 July 2008, she is now 1 / 5th of a month's salary per year worked, plus 2/15ème of months per year over ten years of Seniority (Article R 1234-2 of the new labor code) whatever morif dismissal. Fractions of years are recorded incomplete (Article R122-2 of the old labor code and new code R 1234-1). Accordance with Article R. 1234-4 of the new Labour Code (incorporating the provisions of the Act of 19 January 1978 for monthly paid employees), the basis of the statutory redundancy payment is, in gross pay: either the 12th of remuneration of the last twelve months is the 1 / 3 of the last three months (in this case, apportionment of premium or gratuity to annual or special). Gratuities random and temporary, and reimbursement of expenses are excluded. To determine the amount of compensation, seniority is assessed at the normal expiry date of the notice of termination, whether or not executed (Ch. Soc. November 25, 1997, Gymnasium franchise company c / ML No. of appeal: 94-45010

compensation for dismissal without cause real and serious
TRAVAILPREMIÈRE PART CODE PART LÉGISLATIVEPREMIÈRE RELATIONS TRAVAILLIVRE SECOND INDIVIDUAL CONTRACT BREAKDOWN TRAVAILTITRE THIRD TERM EMPLOYMENT CONTRACT DISPUTES AND PENALTIES INDÉTERMINÉECHAPITRE V IRREGULARITIES PROVISIONS OF THE FIRST LICENCIEMENTSECTION COMMUNESArt.
L. 1235-3
Art. L. 1235-3 If the dismissal of an employee comes to a cause that is not real and serious, the judge may propose reinstatement of the employee in the company, while retaining the benefits gained. If either party refuses, the judge made an award to the employee. This allowance, payable by the employer, can not be less than the wages of the last six months. It is due without prejudice, where applicable, severance pay provided for in Article L. 1234-9. - [Anc. art. L. 122-14-4, para. 1, sentences 2 and 3].

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electronic Nights Outdoor Club Med Buccaneer's!

electronic evenings outdoors are you missing?

Martizik Live festival on a beach in Martinique from 22 to 24 April next. The "Martizik Festival first Festival Électropical de France, est une adaptation du concept réussi des Plages Électroniques de la ville de Cannes, en France et qui rappelle l’ambiance des PickNic Électronik de Montréal, mais sous 28 degrés Celsius, les pieds dans le sable blanc de la Martinique!

Fort de son succès en 2010, le festival investira le Club Med Les Boucaniers (Sainte-Anne) durant trois jours. Cet événement mêle musiques actuelles et rythmes tropicaux et propose une sélection harmonieuse et atypique dans l’arc caribéen. Des artistes internationaux, biens connus des amateurs d’électronique, se succéderont de midi à midnight like Yuksek, Missill, Jahcoozi, but also a selection of talented new electronic scene in the Caribbean. The festival is open to the general public can enjoy the beach and bar at Club Med Buccaneer's Creek on this occasion.

Going Beyond cultural and musical under the sun of Martinique!

Places of event: CLUB MED
BOUCANIERS
THE BEACH LÔ POINTE MARINO, CITY OF SAINT ANNE
MARTINIQUE

WWW.MARTIZIK.COM

release of the Tourism Committee of Martinique

Monday, February 21, 2011

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On the modification of the employment contract

amended employment contract

In case of change of employment contract, the agreement of the employee and the employer is essential.

If a simple change in working conditions, the employee can not in principle oppose.

In principle, this can not be unilaterally amended, which falls within the "sphere of contract", ie, compensation and position of employee, hours of work as mentioned in the contract of employment and all elements contained therein as substantial or fundamental to the parties to the contract.

The employee may always refuse a change in his employment contract.

So the employer can freely change the working conditions of its employees, mostly for service needs and organization. However, it can not change the contract of employment for its employees without the express consent of the latter.

When changing working conditions, except for discrimination or harassment in the workplace or abuse or bad faith demonstrated by the employer in the context of the implement its power steering employee's refusal to change is not legitimate.

An employee may, in principle, refuse a change in his duties as the position held is an essential element of the employment contract.

Thus, an employee through, for example, can not be forced to new tasks below its previous position.

In principle, a withdrawal of responsibility, demotion, even in case of continuation of pay, he can not be imposed.

The justification for the breach of the contractual relationship of employment by the employer in case of refusal of an amendment to the contract work is not legitimate in the refusal by the employee of the amendment, but the original motive of changing the employment contract.

This pattern, which may be a personal reason, disciplinary, economic, must be mentioned in the letter of dismissal, denial of the amendment can not itself constitute a valid reason for failure.

So, in case of refusal by the employee of a change in his employment contract, the employer may either continue the original contract or expedite the dismissal process, including the industrial tribunal judge will assess the merits both as regards the legitimacy of the amendment that the merits of the refusal of the employee, provided that the dismissal will be based on the only employee's refusal to accept the amendment of the employment contract will be devoid of real and serious.

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A sleepless night in Montreal?

To deceive the grayness of late winter do not miss the eighth edition of the Nuit Blanche in Montreal.

Saturday 26 February, the winter night the most fragmented in Montreal invade the city and will be deployed in three districts and a pole: Old Montreal and the Quays of the Old Port, downtown and entertainment district, Plateau Mont-Royal and Mile-End and the Pôle Maisonneuve!

In Montreal frosted, discoveries and experiences unusual charm you throughout your journey. Enjoy the night thumbing its nose at winter: visual art, dance, storytelling, exhibitions, films, music, sports, comedy, Theatre and fantasies are waiting for you!

And in the MONTREAL HIGH LIGHTS Festival, which this year celebrates women, many activities Nighter that put in the spotlight.

Owner of a smartphone, download now the new free application "Nighter" and stay tuned on the night of fun that awaits you.

To get to many activities and rapidly changing neighborhood, a free shuttle serving the business and metro stays open all night.

ready not to close the eye of the night, the night is yours!

Saturday, February 19, 2011

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lawyer

PATRICK BRABANT practices in the Paris Bar.

Practitioner contentious industrial tribunal, he devoted his activity to labor law.

Its operations include:
-individual relations of work (contracts and working conditions, dismissal, resignation, harassment, discrimination, etc..)

Master Patrick Brabant offers information in employment law which can not replace a consultation necessary for the investigation of each particular case.

Advice and litigation en matière de licenciement, droit du travail avec accompagnement et assistance dans la rupture du contrat de travail et des négociations avec l'employeur.

BRABANT exercises within the Paris Bar.
Practitioner of litigation prud'relations, he devotes its activity in labor law.
Its interventions concern: the individual relationships of work (contracts and working conditions, dismissal, resignation, harassment, discrimination, etc. ), Patrick brabant provides information in social law which cannot replace a consultation , necessary for the investigation of each particular case.

Nom du cabinet juridique : BRABANT
E mail : brabant.patrick@wanadoo.fr

L' avocat défend client and attempts, according to the possibilities of legal and jurisprudential succeed him.

It informs you of your rights, risks of your situation, shows the potential weaknesses of your case, advise you on what appears to be the best solution given your requirements.

The lawyer is your advisor and your Council for the defense lawyer

; BRABANT
Paris 17th district
Channel: http://patrickbrabant.fr
Contact: Master Brabant
Areas: Employment Law
mail: brabant . patrick@wanadoo.fr
Type Professional: Lawyer Law Firm Name: BRABANT
mail: @ wanadoo.fr brabant.patrick

Friday, February 18, 2011

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The whales are back in the Dominican Republic

Time for whale watching has played in the Bay of Samana. Indeed, the winter tourist season is synonymous with the visit of a wonderful species of cetaceans: the humpback whale.

our whales can be seen coming from Tadoussac in this beautiful part of the Caribbean.

Each year, these subjects preferred the whale watching tourism are taking a break in Samana Bay during their long journey from the annual North Atlantic. Lovers take the opportunity to breed in the protected waters Bay.

The peculiarities of humpback whales are their very large size (adults usually reach 13 to 14 meters long and weigh about 25 tons), their spectacular leaps out of the water, their long pectoral fins and very vocal developed.

Tourists can take part in excursions on the water (available locally). In addition to whale watching, these tours include a choice of a detour to the waterfall Salto Limon Bay or towards Rincon (and its beach, Rincon).

Visitors are also invited to watch the whales from a viewing platform recently converted into the Bay. It is estimated that more than 75% chance of seeing whales during this time of year.

noted that the World Wildlife Fund considers the Samana Bay as one of the best places for observation. The whale season in the Bay of Samana stretches until March 15 or 31, in good years.

info: www.whalewatchingsamana.com

Credit for whales:
Christian Capéraà
www.flickr.com / photos / ccaperaa

Tourism fired more dated February 11

Thursday, February 17, 2011

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A new collection for the wax museum in Washington

Wax Museum will bring together the 44 U.S. presidents

A new gallery meet for the first time in Washington wax sculptures 44 American presidents.

The wax museum Madame Tussauds opens Thursday a revamped show with 2 million investment.

The institution hopes to increase its attractiveness to tourists and schools by placing more emphasis on the former presidents on the pop stars.

The museum has created 28 new wax sculptures of presidents, many inspired by paintings or Archives when it was impossible to have pictures.

John Adams throne in the wing of the founding fathers, as Chairman of the lowest in history, James Madison, with his five feet four inches.

Each commander was placed in a setting for historical flavor. Former President George W. Bush is in a new wing in memory of the attacks of September 11, 2001, while President Barack Obama is a replica of the Oval Office.

Associated Press Washington

Cyberpresse.ca
Posted February 17, 2011

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work on the employee's dismissal sick

Dismissal of an employee sick

The reasonableness of the replacement time of the employee dismissed because of his absence to illness and the need for its permanent replacement must be assessed under the date of dismissal.

dismissal based on health status of an employee is discriminatory and therefore invalid (L. c. 1132-1 work.).

But case law recognizes the validity of the dismissal based not on the health of the employee, but the disturbances to the smooth running of the company that caused its absences.

The employer must take care to give reasons, with the greatest precision, the dismissal letter employee's sick.

Hence it must "be asserted in the letter of dismissal, on the one hand, disruption of business operations and, secondly, the necessity of replacing the employee, the judge must check whether it is final "
The high court decides on the starting point of the period for replacement of sick employee fired.

The dismissal of a sick employee can intervene only if the employer establishes, firstly, that repeated or extended absences employee's cause disturbances in the normal operation of the company and, secondly, that these disturbances require him to proceed with the permanent replacement of the sick employee.

If the employer can overcome the difficulties caused by the absence from work by hiring a temporary employee on fixed term contract, dismissal of an employee is sick zero (Soc. 2 March 2005, RJS, 2005, No. 503).

In other words, the conclusion of a permanent contract is a condition of validity of the dismissal of an employee ill (18 Oct Soc.. 2007, RTD 2007. 717; 6févr. 2008, D. 2008. AJ 619).

More specifically, the permanent replacement must be within a reasonable time after the dismissal, assessed in light of the specific business and the steps taken by the employer for recruitment (Soc. 10nov. 2004, Bull . Civ. V, No. 283, D. 2004. IR 3114; RJS 2005. 36, No. 30; JS Lamy 2004, No. 157-3; Soc. 16sept. 2009, No. 08-41879, Dalloz topical 30sept. 2009, obs. Perrin; JCP S 2009. 1504, obs. Martinon).

so doing, the Supreme Court poses a requirement of proximity between the employee's dismissal sick and hiring a new employee. Hiring does

can not be reached before the termination, breach of contract because the work can no longer be motivated by absences that have ceased (Soc. 5janv. 1999, RJS 1999. 111, No. 166).

It can not intervene too late, because it suffices to show that the permanent replacement of the sick employee is not required to compensate for its absence.

It is not necessary as long as the hiring of permanent contracts take place concurrently dismissal.

It can therefore take place after the dismissal, within a reasonable time.

But realistically, how long the employer can elapse between dismissal and hiring a new employee without risking cancellation of dismissal?

Tuesday, February 15, 2011

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Yes, we know, you love, your Otho, but still!

Plus I dig the Roman emperors and the more I am amazed some articles on which I fall. Did you like the wild psychoanalysis of Tiberius? you'll love the guy who is naive and relentless defender of Otto!

Let me introduce you said Otho in 68, Nero committed suicide; arrives Galba in power. But Galba is old and above, it becomes clear quite quickly that he is quite beside the point: after promising to sub soldiers to be on his side, he refuses to pay and speaks as if the republic was not over for nearly a century. In short: it's a disaster.

Otho arrives: he is a former comrade of debauchery of Nero, then fell into disgrace and sent as governor in Lusitania (now Portugal), because of an affair with Poppea, the mistress of the emperor. It was indeed married to her, marriage is true, or marriage of convenience and Nero was suspected of "having become the lover of his wife." Hence exile hidden under a legation, which had deceived anyone, but that resulted in a great government of the province.

Otho, he understands that Galba is has-been, that the Praetorians (among others) to moan louder and it is fine to have the new emperor chooses an heir, to try to calm all that. But Galba, including evil to the end, chooses someone else and it ends badly: for brevity, Otto had himself proclaimed emperor by the Praetorian Guard and Galba was murdered in circumstances quite atrocious on the forum.

So Otho emperor. The reactions are diverse: some, especially the people are happy because they loved Nero (yes, yes, Nero was far from being hated by everyone!) And they see his descendant in the new princeps , others fear it returns to its vices and youth are much less enthusiastic, but were afraid to show too openly, however, how Galba was killed with enough lasting impression.

During

that time, the legions of Germania who at the time of Nero's death, were trying to quell a revolt in Gaul unhappy to see the emperors do not notice them, acknowledge them as Vitellius, their general (with which the historiography is not tender more plainly, it appears as preferring binge in banquets that do useful things in the Empire).

The negotiations failed, everyone is preparing for war. The armies of Vitellius enter Italy, meet those of Otho, who lose, to general surprise, Otto decides not to shed more blood Roman and commits suicide. I say "the surprise" because, with all his reputation vices, effeminate behavior, etc.., Nobody expected such an assumption of responsibility.

(Bust of Otho; source: Wikipedia Commons)

Now that you know just my man, let us see what says the Dear Colleague Took Passion and attacks Tacitus violently. I will summarize his arguments and I give you my answers surprised, then, of course, is biased (and part). But not that much anyway.

Dear Colleague: Otho can not be bad! It can not be bad! The evidence, when he was young, he was desperate to defend his beloved cons Claws of Vice!

Bibi: You're referring to the anecdote from Suetonius, Nero where you see the locked door of Otho, who refuses to report that he has "lent"?

CC: Yes! perfectly! What magnanimity! What courage!

B: You know we only found in Suetonius, that he loves this kind of story, even if the "fix" a little, and that Tacitus is Poppea itself which machine to send her "husband" in Lusitania?

CC: What greatness! What courage! How romantic!

B: Yes, well, we will spend the rest. Otho distributed money to the soldiers long before Galba chooses to adopt somebody else ...

CC: Yes, but it was innocent! He wanted through blood ties, not by blood at all! And that bastard Tacitus said he was already thinking about the assassination!

B: True, he wrote "with hopes of adoption or to prepare an action" and I know that facinus , in Latin, is often interpreted as "bad action", but its meaning is "action" itself.

DC: Plutarch And look! He said that Otho was already considered by everyone as the successor to Galba!

B: Yes but Plutarch looking figures of statesmen who fit his philosophical ideal, and if Tacitus tends to blacken things, it also tends to fix them. And how do you explain that in Galba chose another, if everyone wanted it Otho? It was has-been, but still!

CC: And the story of the father of Suetonius sure it paled horribly at the mere mention of blood!

B: Wait there, I arrest you. Everyone knows 1) that the father was Suetonius particularly in awe of Otho and 2) that was supposed to be there when the suicide of Otho, so it was physically impossible. Therefore, as solid source, there's more.

CC: Tacitus Bastard! Where is your intellectual honesty? He went up to tell people that falls in Otho feared his vices! Not true! Architecture is wrong!

B: What can you say that? Because, logically, if I put myself in their shoes, I'd be a bit worried to see a guy come to power that followed Nero in accepted all its debauchery and good grace of the people so called.

CC: But I tell you, it would have done better to choose the positive tradition! It was she, true!

B: And as it is positive, of course, not bother to ask like the other ...

Craigs List Tampa Four Season Tent

What's New in Las Vegas

What's new in Vegas?

Some news if you plan a stay in the city that never sleeps.

Ravella Hotel at Lake Las Vegas, under the banner Dolce Hotel, opened its doors on February 11

Dolce Hotels Network has announced that its new hotel at Lake Las Vegas Ravella is open since 11 February 2011. Located on the site of the former Ritz-Carlton at Lake Las Vegas and the customers of the former Ritz will experience a much more contemporary with the new hall renovated and decorated to release an infectious energy that is meant as a place of choice for social gatherings. All new concepts have been created, combining dinner and Spa at Lake Las Vegas Resort and privileged access will be available to hotel guests Ravella.

Stratosphere Casino The new Tower will surpass customer expectations

The Stratosphere Tower Casino announces renovation of more than $ 20 million to rebuild the image of this iconic hotel in Las Vegas. The most important stage of renovations is certainly the transformation of the 909 rooms located on floors with elevator arrival halls were renovated. The rooms redesigned for the comfort of the customers are provided with a flat screen TV and a beautifully remodeled bathroom with granite countertop, new ceramic bath. The lobby of the hotel has also been redesigned to include valet parking located at Las Vegas Boulevard. Inside, a beautiful interior made of marble driveway leads clients to a new VIP lounge, reception and than to the casino hotel which boasts a new floor mats.

The Caesars Entertainment resorts extend their program services PetStay

The best friend of man receives the royal treatment when he visits one of Caesars Entertainment resorts in Las Vegas. Las Vegas PetStay the program was launched in October 2010 and has sections reserved in hotels Caesars Palace, Imperial Palace and Rio All-Suite Hotel, Casino. Now the program is also offered at the Planet Hollywood Resort, Casino, Paris Las Vegas, Harrah's, Bally's and the Flamingo Las Vegas a total of eight hotels. Under the program PetStay Las Vegas, clients and their pets receive a gift package containing candy, dishes for food and water, and a comfortable cushion. The program also offers a map to areas of need, paths for walking and varied resources services for walking, gardening, grooming and medical care.

The MGM resorts launch their sweepstakes M Live the Life (Live your life M)

To celebrate the launch of its loyalty program M Life across the United States, the company MGM Resorts International is holding a sweepstakes titled Live the Life million, a sweepstakes that will last 11 weeks and offering incredible discounts in order to give a foretaste of what might look like "life in M 'for members M Life. As a loyalty program for the largest customers of the establishments under the banner MGM Resorts in Las Vegas, Mississippi and Detroit, M Life offers great rewards, employing a range of unique experiences that no other hotel group does can offer. Anyone age 21 and older may enroll in the sweepstakes on www.mlife.com and have a chance to win prizes prodigious each week.

SUSHISAMBA The Las Vegas Announces 101 course Sushi and Sake

SUSHISAMBA The team will provide basic training on the preparation of sushi and sake tasting as part of its course 101 Sushi and Sake. The course is two hours and consists of a curriculum that includes tasting and sampling of sake, the art of making sushi, plus a delicious meal of sashimi, tempura, and sushi that anticuchos Participants will have helped prepare, just to name a few stages of the program. The course will be held on Saturday, twice a month from 13 am to 15 pm

Performances by Garth Brooks and Sinatra Dance With Me will last in Las Vegas

The country music legend Garth Brooks announced that his show at the Encore Theater at Wynn Las Vegas will continue until the end of July 2011. In addition, the new show very popular hotel Wynn "Sinatra Dance With Me" will continue, meanwhile, until April 2.

Tiësto in Concert will perform at the hall, "The Joint" at the Hard Rock Hotel & Casino

Tiësto, known as the number one DJ in the world of electronic music undertook a series of concerts in the hall The Joint at the Hard Rock Hotel & Casino at preset dates in December 2011. Tiësto in Concert is a live performance that lights up the stage from the stage by combining a visual and auditory experience exponential that was created specifically for the venue The Joint. In a great notoriety, Tiësto has shared the stage with renowned artists, including Nelly Furtado, Yeah Yeah Yeahs, Goldfrapp and others.

Actress Rita Rudner performs at the Venetian hotel

Actress Rita Rudner announced a series of shows in the showroom of the Venetian hotel which has 742 seats. Having become the permanent solo comedy show's most popular Las Vegas, and record-breaking longevity, Rita leads the crowd for nearly a decade with his brilliant remarks, a lot of spice and a gentle humor that made his reputation.

Defending the Caveman will be presented at Harrah's Las Vegas

Defending the Caveman, a comedy that made a splash on Broadway, tackles the topic of gender differences. The show will be the new club The Improv comedy to Harrah's Las Vegas. The show that made its debut at Improv comedy club in San Francisco in 1991, this new hall will allow the team to reconnect with his roots "improv-ized." Comedian Kevin Burke is one of the headliners in the series show Defending the Caveman in Las Vegas. Burke was recently named actor of the year in Las Vegas for his performance in Defending the Caveman and he changed the show in Las Vegas for over four years.

The company One Giant Leap Announces World Premiere of Attraction inner balloon ascension

The company One Giant Leap, the inventor of the technology Parabounce Ballooning ®, announced the establishment in Las Vegas attraction of the first World balloon flights domestic Parabounce named Vegas. Under a dome of air blown over 30,300 square meters, 20 people can simultaneously fly, glide or float using helium balloons to nearly seven feet long. Construction site, located near the Strip should begin in May 2011 and be completed by the end of the year.

PRESS

February 2011

Monday, February 14, 2011

How To Unlock A Notebook Combination Lock

Lovers in Antigua!

To celebrate Valentine's Day Bob and reel met in Antigua, in the beautiful complex Galley Bay.

The main attraction of Galley Bay is a white sand beach more than a kilometer in length bordering clear, warm waters of the Caribbean Sea where you can lie to the shade of a palm tree or take a sunbath, or have a refreshing swim.

Ranked among the top 100 resorts in the world, Bob and reel have benefited maximum.

Galley Bay, an intimate retreat in the Caribbean, vacationers will enjoy the refined atmosphere unpretentious and exceptional privacy. The sparkling waters and lush gardens of the resort creating a natural background for those wishing to unwind and escape the world.

Happy Valentine's Day to all!

Friday, February 11, 2011

Wildlife Rescue Game Rugrats

St. Lucia weddings in a historic lighthouse

In St. Lucia, Coconut Bay Beach Resort & Spa just appropriating the exclusive use of a historical site for holding wedding ceremonies or the Lighthouse of Cap Mould Chique, built in 1912 and recognized as one of the headlights the highest in the world.

The lighthouse gazebo, which will act as ceremonial hall, is located at 745 feet above the ocean. The resort offers five all-inclusive wedding packages, including both a photographer as towers on the island.

Info: www.CBayResort.com.

Tourism more February 9
Isabelle Chagnon

Thursday, February 10, 2011

Rio Blue Light Teeth Whitening

Why not treat yourself to a little luxury? Latest

How about a limousine?

might as well make a good life, this can start with a transport to the airport.

Between home and the airport of Montreal, Quebec or Toronto.

Door to door service.

They keep your coats and boots for free during your trip.

Transportation limousine 1 to 8 people. And even minibuses up to 35 passengers.

A hot car waiting for you!

www.limokrystal.com