Wednesday, January 9, 2008

Re: [BDSM-LegalIssues] You did, didn't you, say the following, 'tongue in cheek', RIGHT? WAS: Re: New b

Duncan O'Neil wrote:

> It boils down to what is considered a reason for dismissal. I take
> you do not consider,"I no longer require your services", a reason for
> dismissal?

That depends: are you asking my personal/political opinion or are you
asking how things work legally in my country?

Legally[1], down here that's not enough to fire someone with a permenent
contract. You would need either to obtain a dismissal license form the
government agency for employment and income or get permission through
the court (in which case the employer often is obliged to pay a sum to
the employee as recompense).
So yes, here you would have to provide a reason *why* someone's services
are no longer required. A disturbed relation between employer and
employee or economic reasons might well be considered valid in that
respect. So I would say that getting arrested or convicted might in some
cases, such as discussed on this list, be a valid reason for dismissal
here, but there is some pressure to openly state the reason. And in
other cases it might be judged an invalid reason, in which case the
employer retains his job or gets financial compensation.

Personally, I kinda like this slight protection. Even though there are,
of course, many tricks in the book to manufacture a valid reason, the
idea that in general you can't get fired at will is dear to me.

[1] Please note that I'm not a lawyer.

Roel
--
http://www.touwtjes.tk/ - bondage website (Dutch & English)
http://www.touwtjes.tk/yahoo - Bondage forum & community (Dutch)

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