NE2 Employees Fair Treatment Act

[Earthling]

Poor performance is sometimes subjective. When is a employee performing poorly? And is he or she really to blame for the performance or are there other circumstances. And a employee can make job performance part of the company rules, when they are of course reasonable.

A employer can dismiss someone, but not without giving a reason. And the (former) employee can challenge the decision in court. It's then up to the judge to decide if the dismissal is justified or not.

The law is designed to give people more job security. When they know their job is safe, they might be willing to spend more because they have the security. When you are always have to worry about your job you will save more or take risks you shouldn't take.

[Earthling]

It is difficult.

A employer can create a file on the employee to show that he or she is performing badly, for example. But it will always be a difficult situation.

[Earthling]

I can support Poirot's amended version, although I still don't like section five.

I support his amendment as well, so no problem here.

Section five is there because someone should be able to get tenure after being at a company for three years. After that time the employee has shown that he or she can do the job well. Otherwise, the boss would not have given him or her three years within the company.

[Earthling]

What happens if the court rules the dismissal was justified? Will it be additional compensation?

No, if the dismissal is justified than the compensation will be what has been agreed before.

[Earthling]

Yes, that is possible.

[Earthling]

No, if you don't get a new contract after two years you are technically not being fired.

Companies have the opportunity to give temporary contracts to new employees. After that contract is over the company can decide to renew the contract or just let the it expire. If the contract is expired the employee leaves the company. He does not have the right for any compensation because he was not dismissed.

But if the employee has been with the company for three years, he should be rewarded with a permanent contract, tenure. The employer by that time knows what the employee is capable of. Or at least, they should know.

Is it possible that companies start to end all contract after two years? Of course. But I believe a company likes to keep those workers who do a good job every day.

[Earthling]

I propose that we give employees and employers the right to make deals negating this, but unless the contract exempts tenure, the employee can demand it.

That could be made in a amendment, making it negotiable to give tenure or not. If the employee wants it and the employer is fine with it it could be in the contract.

But don't forget that in some areas, like the fast food world, employees switch on workplaces regularly anyway. How many people stay in those jobs for years?

[Earthling]

I may create a new law designated to deal with question of tenure. So scrap section 5 and lets vote on the bill.

[Earthling]

I would like to thank the Representatives for their votes and for their support.