Is Compensation a Legal Term Le 24 octobre 2022
Workers` compensation laws, for example, protect workers who are harmed in the course of their employment by offering fixed benefits or cash bonuses (damages) to avoid the need for legal action. Are you a lawyer? Visit our professional website » A labour court can order an employer to pay compensation to an employee who has been unjustly dismissed (see unfair dismissal). The compensation consists of a basic bonus equal to the severance pay to which a dismissed worker would be entitled (with a minimum amount of £3300 if the dismissal is for trade union activity) and compensation for the loss suffered by the employee as a result of the dismissal (the compensation premium is subject to a ceiling of £51,700). This includes compensation for loss of income and other benefits arising from previous employment, as well as for loss of statutory rights to unfair dismissal and dismissal during the initial period of a new employment (see continued employment). Additional compensation may be awarded if the employer fails to comply with a court order to re_employ the employee; The additional price is between 26 and 52 weekly wages. The weekly wage ceilings that may be used in these calculations are set by the regulations of the Secretary of State for Work and Pensions and are reviewed annually. The court may appropriately reduce any compensation if the employee`s conduct contributed to the employee`s termination. The employee has the same duty to mitigate damages as someone who claims damages in court. Therefore, if he unjustifiably rejects an offer of new employment, he will not be compensated for his continued unemployment.
If the employee has been dismissed because he has not concluded a closed workshop agreement, the employer may, under pressure from a union, transfer the obligation to pay compensation to the union. Compensation may also be awarded by an employment tribunal if sexual or racial discrimination is established. In such cases, the ceiling or financial ceiling on damages for unfair dismissal has been abolished. the Court of Justice of the European Communities having ruled that the upper limit is discriminatory and contrary to equal treatment laws. This compensation may also include an amount for hurt feelings. COMPENSATION, crim. Compensatio criminura or apportionment of faults (s.a.) 2. In divorce proceedings for adultery, compensation for the crime is prevented; That is, if the defendant proves that the party also committed adultery, he is acquitted of the charges against him in the defamation of the plaintiff. To have to.
Tit. 214, pl. 1; Clarkes Prax. Titmouse. 115; Shelf. March and Div. 439; 1 Hagg. R. 148. See Duldung; Divorce.
(5) military pay under section 211.7 of this Part; Main entry: Law enforcement in the legal dictionary. This section contains a partial definition of « compensation » in the context of law enforcement. (11) Payments to an employee or representative of an employee subject to tax under sections 3201(a) or 3211(a) of the Internal Revenue Code, 1954 shall be deducted as compensation under the Railway Retirement Act for the purpose of calculating benefits under section 3(a)(1), 3 (f) (3), 4 (a) (1) and 4 (f) (1). n.1) generally a reasonable and reasonable amount of money to be paid for the work performed or to make a « whole » after a loss due to damage. (2) the total value payable for property taken by the government for public purposes, guaranteed by the Fifth Amendment on the United States. Constitution which states: « . Nor can private property be stolen for public use without fair compensation. If the amount offered by the government agency is not deemed sufficient, the owner can take legal action to determine fair compensation.
INDEMNIFICATION, contracts, civil law. If two people are indebted to each other equally, a settlement takes place between them, which extinguishes both debts. Compensation is therefore a mutual exemption between two persons who are creditors and debtors to each other, the exemption taking place of payment and preventing a cycle. Or it can be defined shorter as follows; Compensatio est debiti et crediti intter se contributio. 2. Compensation is, of course, automatic if the debtors are unaware that, as soon as the two debts exist simultaneously, they will be extinguished up to their respective amounts. The settlement takes place only between two debts which relate to a sum of money or a certain quantity of consumables of the same nature and which are also liquidated and recoverable. Compensation is granted, regardless of the cause of one of the debts, except in case 1. a request for the return of an object that has been improperly taken from the owner; 2d. the request for the return of a deposit and a loan for use; 3d.
a debt declared unseizable for its cause. Civil Code of. Louis. 2203 to 2208. There are three types of compensation: 1. by law or by operation of law; 2. Exceptional damages; and 3. by a renewed agreement. 8 R.
L. 158; Dig. free. 16, T. 2; Code, lib. 4, T. 31; Inst. lib. 4, T`6, p. 30; Poth. Ge. game.
3RD, chap. 4EME, No. 623; Burge on Sur., Book 2, c. 6, p. 181. 3. Indemnification is almost similar to common law set-off (q.v.). The main difference is that, in order to have an effect, compensation must be claimed; Although compensation is effective without such an objection, only the balance is a debt. 2 bouv. Inst. Nr. 1407.
In the context of English law, A Dictionary of Law proposes the following legal concept of remuneration: COMPENSATION, Chancery Practice. The enforcement of what a registration court orders to exonerate a party who has breached a condition, which should not put the opposing party in a worse situation than if the condition had not been breached. 2. Equitable courts may release themselves from the consequences of a failing situation only if compensation can be paid to the opposing party. Fonb. c. 6; p. 51 n.
k) Newl. Counter: 251, et. Suite 3. If a simple error, not fraud, affects a contract but does not change its nature, an equitable court will apply it after paying compensation for the error. The principle that courts act in equity, » says Lord Chancellor Eldon, « has been brought back to the true norm by all authorities that, although the party has no title before the court because it had not strictly complied with the conditions for enforcing it to bring an action (for example, in terms of time), but if time, although it has been introduced, because it is necessary to determine where to do something on the one hand, in exchange for something to do on the other, is not the essence of the contract; A material object that they considered in the first design, even if the passage of time did not occur by chance, a court of equity will impose performance of the contract on the grounds that one party is willing to perform and the other AM essentially has performance if it allows it. 13 ves. 287. See 10 Ves. 505; 13 ves. 73, 81, 426; 6 ves. 675; 1 Cox, 59.
FindLaw.com Free and reliable legal information for consumers and legal professionals Find other English-Spanish translations of the Pocket Spanish English Legal Dictionary (print and online), English-Spanish-English dictionaries (such as Compensation) and the Word legal reference translator. There are various state and federal compensation laws, such as minimum wage, pension and overtime laws, and laws that prohibit discriminatory practices in employee compensation. Compensation is taxable by local, state, and federal agencies. Federal and state laws sometimes overlap, and in these cases, federal law takes precedence. At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet.