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雇佣

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僱傭大陆常用语:就业)是指二个伙伴之间的契约关系,其中一方为雇佣者,另一方为被雇佣者。从法律意义来看,通过双方契约约定,“被雇佣者”为“雇佣者”(雇主、雇佣人)工作(出卖劳动),并由雇佣者提供报酬的一种法律关系,属于民法的范畴。


在商界,一个生产机构需要尽力进行产出行为(productive activity)以获得商业利润(profit),具体从事这种产出行为的人并以此获得工资报酬的人称为雇员、职员。

另外,在公共行业(如政府部门、非营利机构)也存在类似的雇员、职员。

目录

[编辑] 在美国的分类

In the United States, the standard employment contract is considered to be at-will meaning that the employer and employee are both free to terminate the employment at any time and for any cause, or for no cause at all. However, if a termination of employment by the employer is deemed unjust by the employee, there can be legal recourse to challenge such a termination. In unionised work environments in particular, employees who are receiving discipline, up to and including termination of employment can ask for assistance by their shop steward to advocate on behalf of the employee. If an informal negotiation between the shop steward and the company does not resolve the issue, the shop steward may file a grievance, which can result in a resolution within the company, or mediation or arbitration, which are typically funded equally both by the union and the company. In non-union work environments, in the United States, unjust termination complaints can be brought to the United States Department of Labor. In the Canadian province of Ontario, formal complaints can be brought to the Ministry of Labour (Ontario). In the province of Quebec, grievances can be filed with the Commission des normes du travail.

To the extent that employment or the economic equivalent is not universal, unemployment exists.

Employment is almost universal in capitalist societies. Opponents of capitalism such as Marxists oppose the capitalist employment system, considering it to be unfair that the people who contribute the majority of work to an organization do not receive a proportionate share of the profit. However, the surrealist and the situationist movements were among the few groups to actually oppose work, and during the partially surrealist-influenced events of May 1968 the walls of the Sorbonne were covered with anti-work graffiti.

Labourers often talk of "getting a job", or "having a job". This conceptual metaphor of a "job" as a possession has led to its use in slogans such as "money for jobs, not bombs". Similar conceptions are that of "land" as a possession (real estate) or intellectual rights as a possession (intellectual property). The Online Etymology Dictionary explains that the origin of "job" is from the obsolete phrase "jobbe of work" in the sense of "piece of work", and most dictionaries list the Middle English "gobbe" meaning "lump" (gob) as the origin of "jobbe". Attempts to link the word to the biblical character Job seem to be folk etymology.[來源請求]


[编辑] 雇佣者

雇佣者中文术语里面即指老板,指雇请被雇佣者(勞工)的实体或者个人,雇佣者通过支付薪水以交换劳动者所付出的劳动。雇佣者范围包括从临时雇请保母傭人)的家庭政府直至各行各业的法人组织。在西方概念中,政府为最大的“雇佣者”,但是绝大多数劳动力资源分布于中小企业个体企业当中。

雇佣者在组织机构中为相对概念。雇佣者拥有支配权,拥有土地资本,同时也是知识产权的拥有者;事实上,所有财富都是由被雇佣者的贡献。在一个实体内部,组织机构(法人)即为雇主;内外的一切活动通过法人代表来管理和体现,此时的“法人代表”即为一般意义的“老板”,但是实质上法人代表也是“被雇佣者”。

An employer is a person or institution that hires employees or workers. Employers offer wages or a salary to the workers in exchange for the worker's labor power, depending upon whether the employee is paid by the hour or a set rate per pay period. A salaried employee is typically not paid more for more hours worked than the minimum, whereas wages are paid for all hours worked, including overtime.

Employers include everything from individuals hiring a babysitter to governments and businesses which may hire many thousands of employees. In most western societies governments are the largest single employers, but most of the work force is employed in small and medium businesses in the private sector.

Note that although employees may contribute to the evolution of an enterprise, the employer maintains autonomous control over the productive base of land and capital, and is the entity named in contracts. The employer typically also maintains ownership of intellectual property created by an employee within the scope of employment and as a function thereof. These are known as "works for hire".

Within large organisations, the management of employees is often handled by Human Resources departments at "arm's length". Hiring, discipline and terminations are typically rendered by the HR department, whereas supervisors and managers of individual departments provide instructions concerning daily activities, goals, etc. On the national scale, employers can be organised within employers' organisations. Employees can be organised in trade unions or in trade associations, such as the Construction Specifications Institute, which represents specification writers.

[编辑] 被雇佣者

被雇佣者是指被雇请的任何个人,如工人雇请做各种杂活法律顾问律师会计摄像师等其他类别的勞工等。


An employee contributes labor and expertise to an endeavour. Employees perform the discrete activity of economic production. Of the three factors of production, employees usually provide the labor.

Specifically, an employee is any person hired by an employer to do a specific "job". In most modern economies the term employee refers to a specific defined relationship between an individual and a corporation, which differs from those of customer, or client. Most individuals attain the status of employee after a thorough process of interviews with several departments within a company. If the individual is determined to be a satisfactory fit for the position, he is given an official offer of employment within that company for a defined starting salary and position. This individual then has all the rights and privileges of an employee, which may include medical benefits and vacation days. The relationship between a corporation and its employees is usually handled through the human resources department, which handles the incorporation of new hires, and the disbursement of any benefits which the employee may be entitled, or any grievances that employee may have. An offer of employment, however, does not guarantee employment for any length of time and each party may terminate the relationship at any time. This is referred to as at will employment. While the terms accountant, lawyer and photographer might refer to professions, they are not employee titles, which may include Controller, Vice President of Legal Affairs, and Head of Media Development.

There are differing classifications of workers within a company. Some are full-time and permanent and receive a guaranteed salary, while others are hired for short term contracts or work as temps or consultants. These latter differ from permanent employees in that the company where they work is not their employer, but they may work through a temp-agency or consulting firm. In this respect, it is important to distinguish independent contractors from employees, since the two are treated differently both in law and in most taxation systems.

Employees can organize into labor unions (American English), or trade unions (British English), who represent most of the available work force in a single organization. They utilize their represenative power to collectively bargain with the management of companies in order to advance concerns and demands of their membersip.

Associate is a term used by some companies instead of employee. Big box retailers like Wal-Mart and Home Depot, for example, use this term for non-management employees. Other firms use terms such as teammate or team member instead of employee.

Many companies further classify employees as exempt or non-exempt. This designation is used to separate employees that are eligible for overtime from those that are not. An exempt employee is one that is typically salaried and is not eligible to earn overtime. Non-exempt employees are typically paid hourly and are eligible for overtime pay.

Self-employment often leads to incorporation. Incorporation offers certain protections of one's personal assets. Laws of incorporation vary from state to state with California having the most incorporated businesses of any state in the U.S. 

Workers who are not paid wages, such as volunteers, are generally not considered as being employed. One exception to this is an internship, an employment situation in which the worker receives training or experience (and possibly college credit) as the chief form of compensation.

Someone who works under obligation for the purpose of fulfilling a debt without pay is known as a slave and slaveowners are also not considered employers. Some historians suggest that slavery is older than employment, but both arrangements have existed for all recorded history.

An individual who has been convicted of a crime may not be employed by any firm that chooses not to hire that individual for the protection of its assets which includes its employees. One crime that stands out is the act of domestic violence which indicates that the same violence may occur in the workplace and the company does not have to hire anyone with this stipulation for up to seven years. This aspect of unemployment is an increasing statistic in our society.

== High-skilled jobs == -->


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