Category: Legal Law

CF40 highlights strengths in China's economy amid challenges

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<img src='https://news.cgtn.com/news/2024-07-23/CF40-highlights-strengths-in-China-s-economy-amid-challenges-1vtnpLnlkBi/img/19c9c4c985f44ca7958c7f508ec68c0b/19c9c4c985f44ca7958c7f508ec68c0b.jpeg' alt='Zhang Bin, non-resident senior fellow at the China Finance 40 Forum and deputy director of the Institute of World Economics and Politics of Chinese Academy of Social Sciences, speaking at a media conference in Beijing, China, July 22, 2024. /CF40'

China’s economic trajectory in the second quarter of 2024 reflected improved industrial production and positive export performance, highlighting some strengths in the economy that is facing a key challenge in insufficient demand, according to a quarterly report by the China Finance 40 Forum (CF40), a Chinese think tank, on Monday.

CF40’s macro policy report for the second quarter of 2024 highlighted that the manufacturing industry is recovering globally, but inflationary pressures still exist.

In the first half of this year, China’s import and export scale and trade surplus both reached historic highs for the same period, the report noted. The cumulative year-on-year growth of China’s exports in the first half of the year was 3.6 percent, an increase of 7.1 percentage points compared to the same period of last year.

The report noted that one of the challenges for China continues to be an insufficiency in domestic demand, which is required to have a more balanced trade volume. The think tank said that to better solve these medium- and long-term reform issues, the emphasis for the government is on improving the economic sphere, further optimizing resource allocation and enhancing productivity, which are key goals of structural reform.

These were among the key discussion areas during the recently concluded third plenary session of the 20th Central Committee of the Communist Party of China. 

The Communique of the Third Plenary Session of the 20th Central Committee of the Communist Party of China mentioned the need to deepen the foreign trade structural reform.

It called for strengthening the coordination of trade policies with fiscal, tax, financial and industrial policies. It also proposed to create a set of systems and policies to support efforts to make China a strong trading nation, and step up reforms to integrate domestic and foreign trade.

Meanwhile, the government has introduced highly feasible and practical policy measures targeting specific issues, said CF40. 

The government policies are expected to incrementally build a supportive framework for resource optimization, said Zhang Bin, a non-resident senior fellow at CF40 and deputy director of the Institute of World Economics and Politics of the Chinese Academy of Social Sciences, on Monday, praising the plan to integrate permanent residents into the general public services in cities.

Additionally, fiscal reforms, particularly the redistribution of financial authority and responsibilities between central and local governments, will not only streamline inter-governmental mechanisms but also bolster the government’s capacity to fulfill its public service mandate, said Zhang.

He said that local governments should shift some valuable financial resources from subsidizing industrial enterprises to improving public goods and services, supporting low-income migrant population to settle in cities where they work and improving the living standards of low-income people so as to achieve the goal of better resource optimization.

The CF40 report also mentioned the importance of breaking down barriers to entry into the service industry and promoting fairer market competition in the fields of water conservancy, environmental and public facility management, as well as education, health, social security and welfare, social organizations, culture, sports and entertainment.

what are the legal requirements for providing constructive dismissal

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legal requirements for providing constructive dismissal

Constructive dismissal, also known as constructive discharge, occurs when an employee resigns due to an employer’s conduct, which has made the working environment intolerable. Understanding the legal requirements for providing constructive dismissal is essential for both employers and employees to navigate the complexities of employment law and avoid potential litigation.

Firstly, it is crucial to define constructive dismissal accurately. Constructive dismissal happens when an employer’s actions or omissions fundamentally breach an employee’s contract of employment, effectively forcing them to resign. This breach can manifest in various forms, such as significant changes in job duties, reduction in pay, or a toxic work environment. The key element is that the employee’s resignation is not voluntary but a response to the employer’s breach of contract.

The legal framework governing constructive dismissal varies across jurisdictions, but some common principles apply universally. In many countries, employment laws protect employees from unfair treatment, and these protections extend to constructive dismissal claims. To establish a case of constructive dismissal, the employee must demonstrate that the employer’s conduct was sufficiently serious to justify their resignation. This conduct must constitute a fundamental breach of contract, not just minor grievances or isolated incidents.

what are the legal requirements for providing constructive dismissal

One of the critical legal requirements for providing constructive dismissal is the concept of a fundamental breach of contract. A fundamental breach occurs when an employer significantly alters the terms of employment without the employee’s consent. This could include drastic changes in job responsibilities, demotion without justification, or unilateral reduction in salary or benefits. For instance, if an employer suddenly reduces an employee’s pay by a substantial amount without agreement, it could be considered a fundamental breach, leading to a potential constructive dismissal claim.

Another essential legal requirement is the timing of the resignation. Employees claiming constructive dismissal lawyer must resign promptly after the breach occurs. If an employee continues to work for an extended period after the breach, it may be interpreted as acceptance of the new terms, weakening their claim. Courts typically expect employees to resign within a reasonable time frame after the breach to maintain the validity of their constructive dismissal claim.

Additionally, employees must demonstrate that the employer’s conduct directly caused their resignation. This causal link is vital in proving constructive dismissal. The employee must show that their resignation was a foreseeable consequence of the employer’s actions, making their continued employment untenable. For example, if an employer consistently harasses an employee, creating a hostile work environment, the employee must prove that this harassment directly led to their decision to resign.

Furthermore, employees are generally required to exhaust any internal grievance procedures before resigning. This step is crucial because it demonstrates that the employee attempted to resolve the issue within the organization before taking the drastic step of resigning. Failure to follow this procedure can weaken a constructive dismissal claim, as it may appear that the employee did not give the employer a fair opportunity to rectify the situation.

In conclusion, the legal requirements for providing constructive dismissal involve establishing a fundamental breach of contract by the employer, timely resignation by the employee, demonstrating a direct causal link between the employer’s conduct and the resignation, and exhausting internal grievance procedures. Employers must be aware of these requirements to avoid actions that could lead to constructive dismissal claims, while employees should understand their rights and the necessary steps to take if they believe they are being forced to resign due to their employer’s conduct. Constructive dismissal is a complex area of employment law, and both parties benefit from legal guidance to navigate potential disputes effectively.

What You Should Know If You Make a Claim for Constructive Dismissal

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Make a Claim for Constructive Dismissal

When a workplace becomes so intolerable that you feel you have no choice but to quit your job, you may be able to make a claim for constructive dismissal. This type of claim is different from an unfair dismissal case where your employer must have fair grounds to sack you. It’s important to discuss your situation with a wrongful termination lawyer, so you can understand your options and take the most appropriate action.

You have a stronger chance of winning a claim for constructive dismissal if you’re able to prove that the circumstances were so intolerable that your only option was to resign. You should only resign in these circumstances as a last resort after trying to resolve the issue through your company’s complaints or grievance procedure. It’s also important to resign within a reasonable time so that your inaction doesn’t imply tacit acceptance of the situation and you can maintain your claim for constructive dismissal.

Your employer must have done something to make the work environment toxic or poisoned. This is normally something that happens over an extended period of time but in particularly egregious cases, even a single incident can be enough to trigger this type of claim. Examples of this could be bullying, harassment or a hostile working atmosphere.

What You Should Know If You Make a Claim for Constructive Dismissal

Another reason for a successful constructive dismissal claim could be that your employer has made changes to your employment contract without your consent. This could be a change to your pay, hours or other terms of employment.

It’s important to talk to an employment solicitor as soon as possible if you think you have constructive dismissal lawyer near me, because it’s not very common for these claims to win compensation in tribunal. Only around 5% of these claims succeed. The main reason for this is that the courts are often skeptical of allegations that your employer has breached your employment contract.

Depending on your circumstances, you might be able to secure a no win no fee agreement to help fund your case. This will ensure that if you don’t win your claim, your lawyer won’t get paid. You should also check whether you have any legal expenses insurance on your policy that can be used to cover the cost of an employment lawyer.

Our team of expert lawyers will be able to assess the strength and merits of your claim for constructive dismissal and determine how much compensation you might be entitled to. We will then devise a strategy to support your case and help you through the tribunal process. If you’re interested in obtaining advice regarding your claim, contact us today to schedule a consultation. This consultation is free of charge and will provide you with a clear understanding of your options for proceeding. The information you provide will remain confidential. This includes any conversations you have with our firm or other parties.

Syrian military says civilians killed in Israeli airstrike on Homs

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A number of civilians were killed and wounded after Israel launched an air attack against Syria’s central province of Homs early Wednesday, state media SANA reported, citing the Syrian military.

“Our air defense forces responded to the aggression’s missiles and shot down some of them,” the Syrian military was quoted as saying.

The Israeli side has not responded to the claims yet. 

Zelenskyy meets visiting IAEA chief

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Ukrainian President Volodymyr Zelenskyy met with visiting chief of the International Atomic Energy Agency (IAEA) Rafael Grossi in Kyiv and discussed the current security situation at the Zaporizhzhia nuclear Power Plant, Ukrinform reported Tuesday.  

U.S. homeland security chief survives House impeachment vote

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<img src='https://news.cgtn.com/news/2024-02-07/Impeachment-of-homeland-security-chief-Mayorkas-fails-in-U-S-house-of-representatives-1qZvXqHBBN6/img/2ded48a8ca60480abfd4c6229384cae1/2ded48a8ca60480abfd4c6229384cae1.jpeg' alt='Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, speaks during a news conference at the U.S.-Mexico border in Eagle Pass, Texas, U.S., January 8, 2024. /CFP'

U.S. President Joe Biden’s immigration chief escaped impeachment over border crisis by a razor-thin margin of two votes on Tuesday.

Homeland Security Secretary Alejandro Mayorkas has long been in Republicans’ crosshairs over what they describe as a humanitarian crisis, with record numbers of mainly South and Central Americans trying to enter the United States from neighboring Mexico. 

(With input from agencies)

UN chief sends Chinese New Year greetings

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UN Secretary-General Antonio Guterres on Tuesday sent a message to the Chinese people and wished them a happy Chinese Lunar New Year, which falls on February 10 this year.

In a video message, Guterres said the Year of the Dragon symbolizes energy, wisdom, protection and good luck. “We need these qualities to rise to today’s global challenges.”

Noting that the celebration at the United Nations this year is special as the Chinese Lunar New Year is part of the UN holiday calendar for the first time, Guterres expressed his gratitude to China and the Chinese people for their unwavering support to the UN, multilateralism and global progress.

“Together, we can realize a sustainable, just and peaceful future,” he added.

At the end of the video, he wished the Chinese people good health, happiness and prosperity in this new year.

The Chinese New Year, also known as the Spring Festival, is the most important festival in China and an occasion for family reunions.

(Cover: UN Secretary-General Antonio Guterres sends the Chinese New Year greetings to Chinese people via video, February 6, 2024. /CMG)

Iraq, Türkiye discuss security situation in border areas

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Iraqi leaders on Tuesday discussed with visiting Turkish Defense Minister Yasar Guler the security situation in the border areas where Türkiye launched operations against Iraq-based Kurdistan Workers’ Party (PKK) militants.

A statement by the Iraqi presidency said that Iraqi President Abdul Latif Rashid held a meeting with Guler and his delegation, in which he stressed the need “to resolve border problems and security issues between the two countries through cooperation, consultation and coordination.”

Rashid expressed Iraq’s rejection of unilateral measures in addressing the outstanding issues, the statement said.

Rashid stressed the need to respect Iraqi sovereignty and stop Turkish military violations of Iraqi lands, especially in the semi-autonomous region of Kurdistan, the statement added.

Guler also met with Iraqi Prime Minister Mohammed Shia’s al-Sudani, who affirmed Iraq’s rejection of its lands being used to attack neighboring countries, especially along the borderline between Iraq and Türkiye, according to a statement by al-Sudani’s media office.

“Iraq rejects any breach of its sovereignty or any measures to settle scores on its soil,” al-Sudani said, pointing out the need for coordination between the two countries to create the conditions for stability.

For his part, Guler stressed his country’s desire to maintain cooperative relations with Iraq and its keenness on security coordination in the field of intelligence and combating terrorism, according to the statement.

The Turkish forces frequently carry out ground operations, airstrikes and artillery bombardments in northern Iraq against the PKK, especially in the Qandil Mountains, the main base of the group.

The PKK, listed as a terrorist organization by Türkiye, the United States and the European Union, has been rebelling against the Turkish government for more than three decades.

(Cover: File photo of Turkish Defense Minister Yasar Guler. /CFP)

Hamas says it responds positively to a complete ceasefire in Gaza

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The Palestinian militant group Hamas said on Tuesday it had delivered its response to a proposed ceasefire deal for Gaza that would also involve the release of hostages.

In a statement Hamas said it responded “in a positive spirit, ensuring a comprehensive and complete ceasefire, ending the aggression against our people, ensuring relief, shelter, and reconstruction, lifting the siege on the Gaza Strip, and achieving a prisoner swap.”

Hamas aims for the release of the largest possible number of Palestinian prisoners in Israel, senior Hamas official Ghazi Hamad told Reuters in a text message.

The Israeli prime minister’s office said late on Tuesday that the details of the Hamas response were being “thoroughly evaluated by the officials involved in the negotiations.”

U.S. Secretary of State Antony Blinken, on a lightning tour of the Middle East, said on Tuesday he was reviewing the Hamas reponse, which he called the best hope for ending the four-month-old war in Gaza. 

Blinken, at a news conference in Qatar, declined to discuss details of Hamas’s response to the ceasefire offer. 

“There’s still a lot of work to be done, but we continue to believe that an agreement is possible, and indeed essential,” said Blinken, who also noted the response had been shared with Israel and that he would discuss it with officials in Israel on Wednesday.

At the joint press conference with Blinken, Qatari Prime Minister and Foreign Minister Sheikh Mohammed bin Abdulrahman bin Jassim Al Thani said his country received a “positive response” from Hamas on the latest Gaza ceasefire-for-hostage deal proposal, failing to provide further details.

Later that day, Egypt also confirmed that it had received the Hamas response. Chairman of Egypt’s State Information Service (SIS) Diaa Rashwan stated that Egypt had recently put forward a framework aimed at bringing viewpoints closer between all concerned parties to stop Palestinian bloodshed, reach a ceasefire in the Gaza Strip, and restore peace and stability to the region.

More than 27,500 people have been killed and over 64,900 have been injured in Gaza since Israeli attacks in the enclave, according to the Palestinian Health Ministry, adding thousands more are missing and presumed dead.

On Monday, Israeli Defense Minister Yoav Gallant reiterated that the military’s “next target” will be Rafah, Gaza’s southernmost city and a shelter for more than 1 million people, where he claimed as Hamas’ “last remaining stronghold” in the enclave.

(With input from agencies)

(Cover: Palestinian paramedics recover the remains of bodies rescued from a wrecked police vehicle following Israeli bombardment in Rafah in the southern Gaza Strip, February 6, 2024. /CFP)