Gamonal C. Sergio and César F. Rosado Marzán
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190052669
- eISBN:
- 9780190052690
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190052669.003.0005
- Subject:
- Law, Public International Law, Human Rights and Immigration
Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of ...
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Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.Less
Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.
Melvin Delgado
- Published in print:
- 2014
- Published Online:
- November 2015
- ISBN:
- 9780231163019
- eISBN:
- 9780231538428
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231163019.001.0001
- Subject:
- Social Work, Social Policy
This book provides a comprehensive portrait of the status and unique assets of baby boomers of color. It argues that quality data on the individual status of specific racial populations is lacking ...
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This book provides a comprehensive portrait of the status and unique assets of baby boomers of color. It argues that quality data on the individual status of specific racial populations is lacking and that this leads to inadequate programs, policies, and services. It goes on to say that the absence of data is a testament to the invisibility of baby boomers of color in society and that this deeply affects the practice of social work and the work of other helping professions that require culturally sensitive approaches. Using specific data, the book grounds an understanding of boomers' financial, medical, and emotional needs within a historical, socioeconomic, cultural, and political context. It focuses on older African Americans, Hispanics, Asian/Pacific Islanders, and Native Americans, and addresses issues of financial security, employment stability, housing, and health care, which are often complicated by linguistic and cultural differences. Rather than treat baby boomers of color as a financial burden on society and its resources, it recognizes their strengths and positive contributions to families and communities. It offers tailored recommendations for meeting the challenges of a growing population.Less
This book provides a comprehensive portrait of the status and unique assets of baby boomers of color. It argues that quality data on the individual status of specific racial populations is lacking and that this leads to inadequate programs, policies, and services. It goes on to say that the absence of data is a testament to the invisibility of baby boomers of color in society and that this deeply affects the practice of social work and the work of other helping professions that require culturally sensitive approaches. Using specific data, the book grounds an understanding of boomers' financial, medical, and emotional needs within a historical, socioeconomic, cultural, and political context. It focuses on older African Americans, Hispanics, Asian/Pacific Islanders, and Native Americans, and addresses issues of financial security, employment stability, housing, and health care, which are often complicated by linguistic and cultural differences. Rather than treat baby boomers of color as a financial burden on society and its resources, it recognizes their strengths and positive contributions to families and communities. It offers tailored recommendations for meeting the challenges of a growing population.
