Este Inadmisibil. Angajatului i se poate interzice exercitarea profesiei, prin clauza de exclusivitate
Legislatia UE impune noi reglementari pe piata muncii, dar si posibilitatea introducerii unor clauze abuzive in contractele de munca. Potrivit Avocatnet, doctrina din domeniu considera ca inadmisibile o serie de clauze care ingradesc dreptul la munca.
Incalcarea Constitutiei
In teoria, dar si in practica dreptului muncii sunt date ca exemplu negativ contractele de angajare cu dispozitii care anuleaza anumite prevederi ale Constitutiei Romaniei. Printre dispozitiile neconstitutionale se numara si clauza de exclusivitate, care presupune interzicerea in mod absolut a exercitarii profesiei salariatului.
Nu este valabila nici clauza de variabilitate, care se refera la posibilitatea angajatorului de a modifica elementele esentiale ale contractului de munca, pe parcursul executarii acestuia, numai prin vointa sa (unilateral). Codul Muncii are prevederi exprese in acest sens, la art. 42-48, iar salariatului ii este interzis (art. 38) sa renunte la drepturile sale.
Practicienii considera ca inadmisibila si clauza prin care partile contractului ar conditiona angajarea sau ar reglementa oferirea anumitor avantaje pentru salariati de inscrierea intr-o organizatie sindicala sau de parasirea acesteia.
Restrictii cu voie
Exista si clauze care par in defavoarea angajatului, admise de dreptul muncii, insa doar in anumite conditii. Este cazul clauzei de restrictie in timpul liber, prin care angajatorul solicita salariatului prestarea anumitor activitati in timpul liber. Acestea vor fi considerate incadrate in timpul normal de lucru. Drept urmare, timpul de lucru al salariatului pe zi lucratoare va fi (sau ar trebui sa fie) mai scurt.
sursa: cotidianul Cancan
The Consumer Effect
The globalization of economics means that any local market is inextricably tied to the global economy. The ongoing dollar decline, lately spurred by changes in China's market, clearly demonstrates how interdependent the world’s markets have become. We have to discover the right way to act within an interconnected system—and what’s a better example to study than Nature, the mother of perfect, integral systems?
They (Almost) Hit the Jackpot
Myron Scholes and Robert Merton had everything scientists could ever wish for: a Nobel Prize in Economics, tenured professorships at the world’s most prestigious universities and fame. But all of this waned when an opportunity presented itself in the mid-nineties. A well-known veteran broker dared the pair to put their genius into practice and make lots of money.
Scholes and Merton were certain that playing the market was like rolling dice: you can easily measure the probability for each and every occurrence. Their foolproof plan was to accurately predict the market through statistical studies.
The two scientists gathered a group of distinguished math and economy professors. Then, along with their ambitious broker, they established a private hedge fund (an investment fund that aims to profit under any market conditions). They called it Long-Term Capital Management or LTCM. The fund developed an investment policy based on mathematical models, established its headquarters in an upscale suburb near Wall Street, and business started rolling.
In four short years, the fund became the envy of every banker and trader on Wall Street. Veteran stock market sharks could not believe their eyes as the fund yielded an astounding 40% return a year with no losses or fluctuations. It seemed that the scientists had discovered a magic formula, identifying patterns in a world of unpredictability. In other words, they had found a way to make a whole lot of money.
Even the ever-skeptical investment bankers were impressed by the group. In fact, they were so impressed that they offered to leverage the fund with a credit of $100 billion without even asking for the usual guarantees. The fund got financially linked to every bank on Wall Street and set up an intricate chain of connections where every link affected the entire chain.
LTCM seemed invincible until one fateful night in September of '98, when the bubble suddenly burst. The disaster began with a seemingly innocuous event—the devaluation of the Thai baht. This triggered a sell-off across Asian and Eastern Europe markets, and the snowball just kept rolling until it eventually reached LTCM. The fund suffered total collapse, causing unprecedented distress to economic systems worldwide.
It seemed that the market was swiftly heading for the point of no return. In a dramatic step, Alan Greenspan, the legendary U.S. Federal Reserve Chairman, convened the heads of every large bank of Wall Street and Europe for an emergency closed-door meeting. Finally, only the economists’ prayers and a very costly decision to rescue LTCM, managed to save the world from a deep economic crisis.
Collapse is Contagious
The current dollar decline is reminiscent of the situation that led to the collapse of LTCM. Although the dollar's been on a downward spiral for quite some time, the most dramatic fall in its value was spurred by a change in China's policy. China, pragmatically concerned with its own economy, started shifting away from the dollar currency and diversifying its investments. As the echoes of this decision reverberated throughout the world, countries like Saudi Arabia, South Korea, Venezuela, Sudan, Iran and Russia began considering a shift away from the dollar in order to safeguard their assets.
A similar trend unfolded during the recent Sub-Prime Mortgage crisis (a mortgage given to risky borrowers) that begun in the U.S. and spread throughout the world. The effects of this fiasco are far from over. The meltdown has affected stock markets, banks, hedge funds and companies the world over. The biggest shock waves were felt in Europe, Asia, Canada and Australia. The crisis also affected many corporations, manufacturers, marketing companies and even hi tech firms.
Over and over, the sense of a global economic crisis resurfaces. All the attempts to predict economic trends have proved futile. Today, the million dollar question is: How do we establish a truly viable and stable economic system?
The Systems Between Us
The answer, says the wisdom of Kabbalah, is actually quite simple. Best of all, you do not have to be a brilliant economist to figure it out. However, you do have to realize that we and everything we do, including economics, has to follow the laws of the universal system we call Nature.
Kabbalists explain that Nature's overarching plan is to bring all of its parts, including us, into perfect unity. In the framework of human society, this unity means that the work of every single individual benefits the whole.
The best example of such behavior are the cells of a living body: they are interconnected and give to each other in order to benefit the body as a whole. In this perfect system, the body provides a cell with everything it needs and the cell is fully dedicated to ensuring the body’s well-being. In his article, "Building the Future Society," Kabbalist Baal HaSulam writes that “…each member is obligated by Nature to receive his or her needs from society, and also to benefit society by his or her work.”
The artificial systems we have established in human society stand in complete contrast to Nature’s plan. At the core of human behavior stands the ego, which puts these systems into motion. Our egos prefer constricted, personal interest over the benefit of the whole and advocate the pursuit of wealth, honor and control, even (or especially) at the expense of others.
All this bears a direct relation to economics. In our ego-based economic system, self-interests of capital and shareholders are the companies’ top priority. Even when companies contributes to the community, one cannot help wondering whether such an act is not in fact, a basic desire to glorify its name in the media for more publicity and a burnished reputation.
Globalization + Ego = Dead End
After thousands of years of egoistic development, we finally find ourselves in a tight corner: the more we try to profit from each other, the more we discover our connection to each other, much like the cells of a living body described above.
LTCM’s collapse a decade ago, the recent credit crisis, and the current dollar decline demonstrate just how interconnected our systems are. The smallest fluctuation in a local market can put the entire global market in turbulence.
But what’s more is that every action we make as consumers affects a whole gamut of other systems. Just like the "Butterfly Effect" metaphor for the mathematical chaos, "The Consumer Effect" works the same way.
When Rebecca from Philadelphia goes shopping at her neighborhood mall, she significantly affects the lives of many people around the world. The products she purchases may determine whether a factory will continue to operate, whether a family will have to relocate, and whether a child will be saved from starvation. When Dan from Charlottesville flips through the TV channels at home, he affects the entire advertising market. One click of the remote control can affect the jobs and lives of thousands of people.
Globalization has made our world so fragile that the smallest crack can cause it to shatter. Local events like the mortgage crisis in the U.S., a natural disaster, a terrorist attack, and military tension in the Persian Gulf directly affect prices of international merchandise and threaten global economic stability.
The Way Out
“And the wonder about it is that Nature, like a proficient judge, punishes us according to our development, for our eyes can see, that the more humanity develops, the greater are the pain and suffering of attaining our keep and sustenance.”
Baal HaSulam, "The Peace"
The wisdom of Kabbalah gives us a much broader perspective on our situation. It explains that we are like children in this sandbox called Earth. And Nature is developing us gradually, much like a parent who teaches his children: the more we grow up, the more we are expected to play nicely.
Kabbalah explains that humanity is going through two parallel processes. On the one hand, Nature is pushing us to unite and work as one body. On the other hand, humanity’s egoism is steadily growing, and the fact that these two processes are happening simultaneously is not a coincidence.
One way or another, humanity will have to invert its egoism and work as one body. But instead of having Nature push to make this change, Kabbalists suggest that we take control over the process and master it ourselves.
Kabbalists explain that through educational systems we can raise people's awareness that humanity is like a multi-celled body, and that we are all interconnected. By learning about the overall system of Nature and its principles, people will understand what changes to implement in our social systems in order to balance them with Nature.
By acting in accordance with Nature, we will prosper in every realm of our lives, including economics. Fortunately, we already have the science that explains Nature’s underlying plan. It’s called “the wisdom of Kabbalah.”
Gov't planning to close most ulpans, privatize Hebrew studies
By Anshel Pfeffer, Haaretz Correspondent
Tags: Absorption Ministry, Ulpan
The Immigrant Absorption Ministry intends to close down most ulpans - Hebrew study programs for new immigrants - while laying off hundreds of teachers and helping immigrants learn Hebrew at private schools, senior officials told Haaretz Thursday.
The sweeping reform comes in response to data indicating that the current method has failed, and that most new immigrants - olim - who completed ulpan courses do not speak Hebrew well enough.
In recent years Israel has taken in around 20,000 new immigrants annually, of which 8,000 adults are enrolled at dozens of ulpans (children learn Hebrew in school). Every new immigrant over 18 can elect to study Hebrew at an ulpan and receive 500 class hours taught by Education Ministry teachers - part of the absorption basket of services.
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Surveys conducted in recent years by the Immigrant Absorption Ministry found that most olim who complete ulpan studies speak Hebrew at a low or mediocre level, and that less than a third read and write at a reasonable to good level. It turns out that less than 60 percent of olim complete their ulpan studies, compared with 24 percent who never attend ulpan and 17 percent who drop out early on.
The ministry thus set up an inter-ministerial committee a year ago to review the subject. A majority of committee members concluded that upgrading the existing system would not work, and that responsibility for Hebrew instruction for new immigrants should be moved from the Education Ministry to a new state body.
Based on the committee's recommendations, the immigrant absorption minister, Jacob Edery, is weighing the merits of closing most ulpans and enabling olim to learn Hebrew at private facilities to be supervised by the new authority in charge of Hebrew instruction.
"Our goal is to introduce a serious reform and place at new immigrants' disposal the most effective tools for acquiring the language. Teaching methods can be improved substantially," Edery said. He added, however, that "we are not ruling out seeking other alternatives such as issuing a tender for private schools."
The ministry's preferred method is granting vouchers to olim, which they could use to study Hebrew at a supervised private facility.
Teaching methods are not the only problem with ulpans, according to the ministry's director-general, Erez Halfon. "Ulpans are a bad fit with the lifestyles of new immigrants," he said. "Many of them simply don't have the time to attend ulpan in the mornings. They prefer to go to work, sometimes even at two jobs."
Halfon said the ministry is looking into what the other entities that teach Hebrew have to offer. "We will make sure that olim have many more study options and more convenient hours throughout the country, so they can work at the same time," he said.
Among other things, the Immigrant Absorption Ministry is considering making Hebrew lessons mandatory for olim.
"We are thinking of making a certain part of the absorption basket of services conditional, and an immigrant who does not study Hebrew would not be eligible for that part," Halfon said. He added that incentives would be provided for those who meet the criteria.
Shlomit Amichai, director-general of the Education Ministry, told the Knesset Immigration and Absorption Committee earlier this week that the ministry is in favor of the proposed reform. However, Amichai told Haaretz yesterday that "the subject must be studied in the next two months."
Ulpans employ some 800 Hebrew teachers, who stand to lose their jobs if the reform goes through. The Education Ministry has already slashed the budget for teaching Hebrew to new immigrants from NIS 79 million in 2007 to NIS 41 million next year.
The cutback means that olim will be taught only basic Hebrew, and that professional terminology classes will be dropped from the curriculum for olim with professions, such as doctors and engineers. The current budget is enough to cover courses only until the middle of next year.
Another change the Immigrant Absorption Ministry is promoting is to establish study centers for children of olim, where they would learn Hebrew for several months before being integrated into local schools.
According to director-general Halfon, the Absorption Ministry has found that these children "sit in class and do not understand anything, and do not make friends either. It would be better for them to miss curriculum material for several months and come to their schools when they can speak Hebrew." The Education Ministry opposes this idea.
The most nurturing experience an oleh could have wanted
By Ariel Zilber
Tags: Hebrew, aliyah, Israel, Ulpan
We were a unique group at Ulpan Etzion in January 2004, new immigrants from the four corners of the earth. If the Zionist enterprise is history's most ambitious lab experiment, then we were the fresh batch of mice thrown into the volatile cage. At this run-down yet reputable school in West Jerusalem, we could not have asked for a better, more nurturing facility.
From the school's social worker who took on my HMO after it wouldn't process my health insurance without proper forms from the army, to the ulpan director who assured us we were more Israeli than the natives because we were here by choice, to the Hebrew teacher who explained the difference between the verb structures, ulpan was a new home away from home, a cultural kaleidoscope that brought together gentiles from Uzbekistan, Argentine soccer fanatics, Brazilian engineering students, and young, flamboyantly wealthy French Jews.
During class, one kippah-wearing oleh from Uruguay broke out in applause when the teacher showed television coverage from the period of Rabin's assassination. One secular Brazilian girl who spent summers at Hashomer Hatzair found little in common with her Orthodox roommate. Nor was she amused when the sign she had carried to a Peace Now rally was torn into pieces by Israel's newest volunteers for the West Bank's hilltop youth.
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Although palpable, the politics of the day did not dominate the ulpan dynamic. The friendships forged cross cultural and linguistic barriers that would not have been broken in any other social structure. Where else could the Ghanaian son of a Russian Jewish mother meet a Colombian girl who would later become his bride?
Ulpan did more than just instruct us about proper spelling or warn us to tell the cab driver to turn on the meter before he offered to rip us off. It gave us our first cold dose of the Israeli reality that we grapple with to this day.
Ţăranul Român vine la Târg în Bucureşti cu produse bune, curate, tradiţionale
Plăcintă de casă, zacuscă, caş dulce, caş afumat, consumer research, icoane pe sticlă, gem de rubarbă, cadouri de Crăciun, cozonaci, pâine de casă, cârnaţi de Pleşcoi, trasabilitatea alimentelor, muzică, tombolă şi premii, palincă, vin fiert, mămăligă, afumătură, food standards, ciuperci marinate, chestionare, norme de igienă, nuci şi prune uscate... toate acestea, plus atmosfera de Crăciun, vor ocupa Piaţa Amzei în fiecare sâmbătă şi duminică din luna decembrie, până la Crăciun, la Târgul Ţăranului Român.
Grupul de iniţiativă „Radu Anton Roman” lansează un program de valorizare a produselor tradiţionale româneşti, care sprijină constituirea şi dezvoltarea unei pieţe moderne de produse tradiţionale – în principal alimentare.
În cadrul acestui proiect se lansează „Târgul Ţăranului Român”, care se va desfăşura în Piaţa Amzei, în weekend-urile de 8-9, 15-16 şi 22-23 decembrie 2007, în colaborare cu Muzeul Ţăranului Român şi Primăria Sectorului 1. Târgul Ţăranului Român va reveni apoi în Piaţa Amzei, începând cu 1 martie 2008, o dată la două săptămâni.
Camera Deputatilor a adoptat legea PC privind protectia animalelor
Camera Deputatilor, for decizional, a adoptat ieri, cu larga majoritate, 216 de voturi pentru, unul împotriva si o abtinere, proiectul de lege al PC referitor la protectia animalelor, prilej pentru alesi de a se felicita singuri pentru consensul care i-a reunit dincolo de rivalitatile de partid. La aflarea rezultatului ca legea a fost adoptata cu larga majoritate, unul din initiatorii legii, senatorul Marius Marinescu, PC, le-a multumit colegilor sai. “În numele animalelor si necuvântatorilor, va urez un Craciun Fericit”, a spus el, stârnind imediat ironia lui Bogdan Olteanu care i-a spus lui Marinescu “sper ca v-ati referit la necuvântatoare, nu la necuvântatori”. Una din cele mai hilare interventii le-a avut si deputatul PRM Marcu Tudor. Tudor a spus ca nimeni nu îi întrece pe parlamentari sa voteze legi care prind la public si i-a îndemnat pe deputati sa dea dovada ca iubesc animalele prin propriile lor fapte. “Duceti-va prin stabilimente, luati câte un câine, doi, câte o pisicuta!”, a spus fratele liderului PRM. La final, el le-a urat colegilor sai sa
ajunga sa aiba atâtia câini câti familia sa, adica “vreo 45”. Si deputatul PD Ioan Oltean a aratat ca tot grupul a fost de acord cu aceasta lege si ca de acum înainte “animalele or sa aiba mai multa liniste, mai multa protectie”. Deputatul PSD Aura Vasile a tinut sa-i aminteasca lui Oltean ca altadata seful sau de partid, acum presedintele tarii, în calitatea sa de primar “dadea tonul la nimicirea animalelor de pe strada”. “Toti parlamentarii PSD au avut acum aceeasi pozitie ca atunci când Basescu ucidea câini în Bucuresti”, a mai spus ea. Într-o nota discordanta, deputatul UDMR Marton Arpad a recunoscut ca abtinerea acordata proiectului i-a apartinut si si-a motivat votul prin inconsistenta proiectului, opinând ca ar putut fi adoptat unul si mai bun. Pentru a sustine acest proiect legislativ, câteva sute de iubitori de animale, printre care cântaretul Mihai Constantinescu si alti membri ai unor organizatii non-guvernamentale care actioneaza pentru protectia animalelor, au asistat la sedinta de luni. Ei îi abordau pe hol pe deputati, oferindu-le câte o garoafa rosie si cerându-le sa voteze favorabil acest proiect de lege. Conform noului act normativ, care modifica Legea 205/2004, constituie infractiunii detinerea si comercializarea de animale salbatice, cu exceptia gradinilor zoologice, folosirea animalelor pentru cersetorie, omorârea animalelor, abandonul, organizarea de lupte între animale sau cu animale, maltratatrea si schingiuirea acestora, despartirea puilor de mama pâna la vârsta de minimum opt saptamâni, precum si interventiiile chirurgicale destinate modificarii aspectului unui animal sau altor scopuri precum cuparea urechilor, sectionarea corzilor vocale, ablatia ghearelor, coltilor, ciocului si dintilor. În plus, de acum înainte detinatorii de animale au obligatia de a le asigura acestora asistenta medicala. Eutanasierea este interzisa, cu exceptia animalelor cu boli incurabile, constatate de medicul veterinar. Sanctiunile pentru rele tratamente aplicate animalelor pot ajunge pâna la 10.000 RON si confiscarea animalului, dar se introduce si pedeapsa cu închisoarea de la 3 luni la 1 an.
