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What does a TRUMP presidency look like?

Started by FunkMonk, November 08, 2016, 11:02:57 PM

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Tamas

Quote from: Barrister on January 11, 2019, 12:57:52 PM
I don't know so much that it's relying on oral contracts, but rather under the common law a lot of common terms are set in the common law, like notice periods.  Such common law provisions can be contracted out of, but in the absence of a clear contract they would apply.

I am pretty sure that's the case in European countries as well. Hungary for certain. Still only losers and illegals don't get a contract

The Minsky Moment

Quote from: Barrister on January 11, 2019, 12:57:52 PM
I don't know so much that it's relying on oral contracts, but rather under the common law a lot of common terms are set in the common law, like notice periods.  Such common law provisions can be contracted out of, but in the absence of a clear contract they would apply.

Correct and in most if not all US states the default employment rule is that employment is at will. That is either side can cancel the arrangement at any time without penalty, and without obligation other than earned but unpaid comp. There are some state and federal statutory modifications and overrides but that is the baseline rule.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

The Minsky Moment

Quote from: Tamas on January 11, 2019, 02:03:19 PM
I am pretty sure that's the case in European countries as well. Hungary for certain. Still only losers and illegals don't get a contract

Nah most continental Yuros use codes. Commonwealthies and Yanks use Dothraki law.  It isn't codified.  It is known.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

The Minsky Moment

Quote from: The Brain on January 11, 2019, 12:54:17 PM
I don't see how it's better to do without written contracts.

It's better than merely "better".  It's American!!
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

The Larch

Quote from: The Minsky Moment on January 11, 2019, 02:55:31 PM
Quote from: Tamas on January 11, 2019, 02:03:19 PM
I am pretty sure that's the case in European countries as well. Hungary for certain. Still only losers and illegals don't get a contract

Nah most continental Yuros use codes. Commonwealthies and Yanks use Dothraki law.  It isn't codified.  It is known.

So it's a Common Law Vs. Civil Law issue, then?

Valmy

Quote from: The Minsky Moment on January 11, 2019, 02:56:56 PM
Quote from: The Brain on January 11, 2019, 12:54:17 PM
I don't see how it's better to do without written contracts.

It's better than merely "better".  It's American!!


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The Minsky Moment

Quote from: The Larch on January 11, 2019, 03:28:00 PM
So it's a Common Law Vs. Civil Law issue, then?

Yes although that distinction keeps eroding as common law countries codify more and more and as civil law countries increasingly implicitly or explicitly rely on prior court decisions in interpreting law.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

garbon

Now, he's backed away from a national emergency.
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Admiral Yi

Furloughed workers do have a pretty good deal.  Stay home, then get paid anyway when Congress passes the inevitable make up bill.

Monoriu

Quote from: The Minsky Moment on January 11, 2019, 12:44:46 PM
Law firm associates don't have written contracts. Although there may be an offer letter that sets forth some basic terms.

I am a civil servant, and that's basically how it works for me as well. 

dps

Quote from: The Brain on January 11, 2019, 12:54:17 PM
Quote from: The Minsky Moment on January 11, 2019, 12:48:26 PM
Quote from: The Brain on January 11, 2019, 12:17:43 PM
Without a contract how do you determine which people are employees (and presumably are affected by policies)?

There are contracts, they just aren't in writing.  Oral contracts are valid in Anglo-American law subject to certain exceptions.  In small organizations everyone knows who everyone is.  Large organizations have HR departments.

Sure (it's the same in Sweden except when buying real estate and some other cases), but it seems a total hassle for big organizations to keep track of oral contracts, especially when there are disagreements regarding them. I don't see how it's better to do without written contracts.

How is it a hassle?  With written contracts, they don't have to keep track of the individual contract signed by each employee, just the policies that apply to different classes of employees.  In fact, even in unionized jobs, that's how it works--the individual employees don't have individual contracts, but are covered by the contract the union agrees to.

The Brain

Quote from: dps on January 11, 2019, 10:08:45 PM
Quote from: The Brain on January 11, 2019, 12:54:17 PM
Quote from: The Minsky Moment on January 11, 2019, 12:48:26 PM
Quote from: The Brain on January 11, 2019, 12:17:43 PM
Without a contract how do you determine which people are employees (and presumably are affected by policies)?

There are contracts, they just aren't in writing.  Oral contracts are valid in Anglo-American law subject to certain exceptions.  In small organizations everyone knows who everyone is.  Large organizations have HR departments.

Sure (it's the same in Sweden except when buying real estate and some other cases), but it seems a total hassle for big organizations to keep track of oral contracts, especially when there are disagreements regarding them. I don't see how it's better to do without written contracts.

How is it a hassle?  With written contracts, they don't have to keep track of the individual contract signed by each employee, just the policies that apply to different classes of employees.  In fact, even in unionized jobs, that's how it works--the individual employees don't have individual contracts, but are covered by the contract the union agrees to.

And which individuals are employees is known only through oral contracts, which opens up for all kinds of uncertainties. I think signing a half-page standard contract and filing it is time well spent.
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jimmy olsen

Quote from: Admiral Yi on January 11, 2019, 07:40:58 PM
Furloughed workers do have a pretty good deal.  Stay home, then get paid anyway when Congress passes the inevitable make up bill.
Doesn't help if you have bills that need to be paid now.
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dps

Quote from: The Brain on January 12, 2019, 01:11:14 AM
Quote from: dps on January 11, 2019, 10:08:45 PM
Quote from: The Brain on January 11, 2019, 12:54:17 PM
Quote from: The Minsky Moment on January 11, 2019, 12:48:26 PM
Quote from: The Brain on January 11, 2019, 12:17:43 PM
Without a contract how do you determine which people are employees (and presumably are affected by policies)?

There are contracts, they just aren't in writing.  Oral contracts are valid in Anglo-American law subject to certain exceptions.  In small organizations everyone knows who everyone is.  Large organizations have HR departments.

Sure (it's the same in Sweden except when buying real estate and some other cases), but it seems a total hassle for big organizations to keep track of oral contracts, especially when there are disagreements regarding them. I don't see how it's better to do without written contracts.

How is it a hassle?  With written contracts, they don't have to keep track of the individual contract signed by each employee, just the policies that apply to different classes of employees.  In fact, even in unionized jobs, that's how it works--the individual employees don't have individual contracts, but are covered by the contract the union agrees to.

And which individuals are employees is known only through oral contracts, which opens up for all kinds of uncertainties. I think signing a half-page standard contract and filing it is time well spent.

Nah, there's a ton of paperwork that gets filled out, just none of it is a contract.  Though technically I guess a lot of it isn't paperwork anymore, since most of it is done electronically nowadays.