Мир трудового законодательства заключает в себе множество терминов и определений, не всегда понятных как для работников, так и для работодателей. Чтобы помочь разобраться в этом процессе, мы составили глоссарий из наиболее распространенных терминов трудового права.
| confidentiality agreement / non-disclosure agreement (nda) | A confidentiality agreement is a term of an employment contract, or a stand-alone contract, in which the employee promises to protect the confidential and proprietary information of the employer. ... соглашение о конфиденциальности / соглашение о неразглашении (nda); |
| dependent contractor | A dependent contractor is a contractor (as opposed to an employee) who is highly dependent on one company or client for his or her income. it is an intermediary category between independent contra... зависимый подрядчик; |
| fiduciary employee | A fiduciary is someone who occupies a position of high trust and responsibility, who owes certain elevated duties to another. доверительный сотрудник; |
| fixed-term employee | A fixed-term employee is a worker who is engaged to work for a specific limited length of time. conversely, an indefinite-term employee is one who works under a contract that has no specific end d... срочный сотрудник; |
| non-competition clause | A non-competition clause in a contract is a type of restrictive covenant (or negative covenant) promising to not compete with another person or entity in business or work matters. for example, a c... положение о неконкуренции; |
| non-solicitation clause | A non-solicitation clause in a contract is a type of restrictive covenant (or negative covenant) promising to not seek services or request work from certain other individuals in a business or empl... оговорка о запрете навязывания предложений; |
| notice period | A notice period in employment law is the length of advanced notice an employer should give an employee before terminating the employment relationship. the duration of the notice period may be affe... срок уведомления; |
| probationary period (probationary employee) | A probationary period is a timeframe at the beginning of an employment relationship during which the employer reserves the right to dismiss the employee with no (or with minimal) notice or pay in ... испытательный срок (испытаемый работник); |
| release of liability | A release of liability is a legal document confirming that the employee has released the employer of its obligations and liability arising from the employment relationship or some other specified ... освобождение от ответственности; |
| retiring allowance | - A retiring allowance is a taxation category under the income tax act for taxing amounts that an employee receives when they retire from their employment. despite the name, it is not only appli...
пенсионное пособие; |
| employment contract | An employment contract is the agreement governing the relationship between the worker (the employee) and the employer. an employment contract can be written or unwritten. there is no general requi... договор найма; |
| common law notice | Common law notice is the amount of reasonable advanced notice that employers must give employees of a dismissal, according to legal precedent grounded in judge-made case law. уведомление по общему праву; |
| duty of loyalty / duty of fidelity | Employees owe their employers a duty of loyalty (or fidelity) as an implied term of their employment contracts. the exact scope of this duty is circumstance dependent, and particularly so relative... обязанность верности / обязанность верности; |
| employment law | Employment law is a broad area touching almost all aspects of the employer/employee relationship, as well as many employee-like dependent or independent contractor relationships. it excludes labou... трудовое право; |
| employment policy | Employment policies and procedures generally take the form of written statements regulating various aspects of the workplace, such as employee conduct, safety, privacy, and employee rights and ent... политика занятости; |
| employment standards | Employment standards refers to legislative and regulatory rules governing the relationship of employment, including for minimum wage, overtime, holidays, job-protected leaves, vacations, hours of ... стандарты занятости; |
| protected grounds (human rights) | Human rights legislation prohibits the adverse treatment of a worker based on certain aspects of the person’s identity, called the “protected grounds.” in that case, the adverse treatment could co... охраняемые территории (права человека); |
| human rights | - In canada, human rights generally refer to the rights conferred in legislation providing for the equal treatment of all people (in certain defined contexts) without discrimination based on pro...
права человека; |
| just cause | Just cause (or cause for termination) means that the employee has done something (or failed to do something) that gives the employer justification to terminate the employment relationship without ... |
| pay in lieu of notice | Pay in lieu of notice is the financial compensation that employers may give dismissed employees instead of giving advanced notice of termination. pay in lieu of notice can be combined with working... оплата вместо уведомления; |
| salary continuance | Salary continuance is one mechanism that employers can use to give dismissed employee’s pay in lieu of notice. in short, the employee continues to receive their regular pay over the notice period,... продолжение заработной платы; |
| termination with cause | Termination for cause refers to the dismissal of a worker in circumstances that justify an immediate termination of the employment contract, without advanced notice or financial compensation in li... прекращение действия с указанием причины; |
| termination without cause | Termination without cause refers to the dismissal of a worker in circumstances where the worker did not do anything to justify a termination without notice. расторжение без причины; |
| unjust dismissal | Unjust dismissal most often refers to a dismissal without adequate notice to the employee, in which usage it is synonymous with wrongful dismissal and termination without cause. несправедливое увольнение; |
| duty to accommodate | - When an employee faces adverse treatment or circumstances at work based on a protected ground, the employer may have an obligation to take reasonable steps to accommodate an employee’s individ...
обязанность размещения; |
| working notice | Working notice refers to the advance notice of termination that an employer gives a worker that the employment relationship will be terminated as of the specified date. рабочее уведомление; |
| соглашение о конфиденциальности / соглашение о неразглашении (nda) |
confidentiality agreement / non-disclosure agreement (nda); |
| зависимый подрядчик |
dependent contractor; |
| доверительный сотрудник |
fiduciary employee; |
| срочный сотрудник |
fixed-term employee; |
| положение о неконкуренции |
non-competition clause; |
| оговорка о запрете навязывания предложений |
non-solicitation clause; |
| срок уведомления |
notice period; |
| испытательный срок (испытаемый работник) |
probationary period (probationary employee); |
| освобождение от ответственности |
release of liability; |
| ограничительное соглашение |
restrictive covenant; |
| пенсионное пособие |
retiring allowance; |
| положение о прекращении действия |
termination clause; |
| бонусный план |
bonus plan; |
| уведомление по общему праву |
common law notice; |
| конструктивное увольнение |
constructive dismissal; |
| обязанность верности / обязанность верности |
duty of loyalty / duty of fidelity; |
| политика занятости |
employment policy; |
| стандарты занятости |
employment standards; |
| золотой парашют |
golden parachute; |
| охраняемые территории (права человека) |
protected grounds (human rights); |
| независимый подрядчик |
independent contractor; |
| смягчение последствий |
mitigation; |
| охрана труда и безопасность |
occupational health and safety; |
| оплата вместо уведомления |
pay in lieu of notice; |
| продолжение заработной платы |
salary continuance; |
| прекращение действия с указанием причины |
termination with cause; |
| расторжение без причины |
termination without cause; |
| несправедливое увольнение |
unjust dismissal; |
| переменная компенсация |
variable compensation; |
| обязанность размещения |
duty to accommodate; |
| рабочее уведомление |
working notice; |
| издевательства |
bullying; |
| aoda compliance report | Aoda is the accessibility for ontarians with disabilities act. this act came into force in 2007 and presented a gradual schedule for compliance based on organization type and size. |
| esa poster | Under the employment standards act, employers are required to post in a conspicuous place in the workplace a poster that sets out employee rights and requirements under the esa. this is referred t... |
| notice damages | Notice damages are money paid to compensate an employee for the notice period with respect to the termination of their employment. notice damages are considered employment income and taxed as such... |
| severance package | This is the term for an amount of compensation that an employee is given upon termination of their employment without cause. it will usually include pay in lieu of reasonable notice and will often... |
| simplified rules | These are court rules that set out the litigation procedure to be followed for claims that are between $35,000.00 and $200,000.00. under the simplified rules, litigation requires fewer steps and i... |
| temporary layoff | Where your employer tells you they don’t have enough work to keep you at work right now, but that they will hire you back later. in order to have the right to temporarily lay an employee off the e... |
| without cause | There are generally two types of termination of employment, with just cause and without cause. being terminated without cause is far more common. non-unionized employees can generally be terminate... |
| workplace violence & harassment | Ontario’s occupational health and safety act establishes that workers have the right to be free from violence and harassment at work. |
| attributable to | ‘attributable to’ means ‘is the cause of’ or ‘is the reason for’. for example, an employee’s constant absences were attributable to his serious illness. |
| benefit(s) | ‘benefits’ can mean the money that the government pays to a person who is not working. in this context it means ‘unemployment benefit’ or ‘welfare’. it also has the meaning of other types of payme... |
| benefit(s) in kind | A benefit in kind is a benefit to an employee which is not cash. this includes the use of a company car or private medical insurance paid for by the employer. in more informal english these things... |
| collective agreement | A collective agreement is a formal agreement between an employer and a trade union in which negotiated and agreed conditions of employment, such as pay and working hours, are stated. some contract... |
| applicant(s) | An applicant is a person who has applied for a job. a job applicant is also known as a ‘candidate’. 10. appointed/appointment: ‘appointment’ is the term used to describe a job role after a suitabl... |
| criminal conviction | If a person has a criminal conviction it means that he or she has been found guilty of some type of crime. most employment contracts give the employer the right to terminate the contract of any em... |
| bound by | If a person is bound by something, such as a legal promise to do something, it means he or she has a legal obligation to keep that promise. |
| automatically unfair | If an employer’s action is ‘automatically unfair’ it means that employment law does not allow that action to be considered fair under any circumstances. this phrase is usually connected with dismi... |
| age discrimination | If you discriminate against someone, you treat that person differently because of a particular factor, such as, for example, their gender (man or woman), race (nationality or the colour of a perso... |
| assessment of performance | It is common for employers to treat a new employee as being in a ‘probationary period’ when he or she first starts work. this is a period of time during which an employer can assess an employee’s ... |
| covering letter | Many advertised jobs ask for a cv with a short covering letter. the general advice on writing a good covering letter is that it should fit onto one page of a4 paper, contain no more than 3 or 4 pa... |
