User:Regaliorum/Sandpit

Social Legislation
Contains LABOR LAW ACT, SOCIAL SECURITY ACT and FINANCIAL OUTLINE ACT. Please do not edit, comments can be made at the bottom. Special thanks to all MOTC (current and future) that are reading this thoroughly.

Labor Law Act
The employment contract
 * 1) Every adult Lovian that foresees in his own income through labor as an employee can only do so by engaging in an employment contract.
 * 2) An employment contract is an agreement in which one party (the employee) commits him- or herself to work for another party (the employer) in exchange for a financial compensation.
 * 3) An employment contract is only valid when:
 * 4) Both parties are at least 16 and have permission from a parent or legal advisor when they are not yet 18.
 * 5) The function, working hours, working conditions, wage and duration of the contract are confirmed in a written agreement.
 * 6) Both parties agree on a voluntary basis and the volition is not deficient.
 * 7) It comprises the presence of a valid subject and a lawful cause.
 * 8) An employment contract is terminated:
 * 9) When the time of the duration of the employment contract as defined in the contract itself is expired.
 * 10) When both parties agree upon the termination of the employment contract under conditions specified and agreed upon by both parties.
 * 11) When at least one of the parties can not possibly fulfill his/her obligations due to conditions independent of that party his/her will.
 * 12) When one of the parties declares the employment contract terminated by issuing the dismissal.
 * 13) When the employer terminates the contract this way, the employee can demand a financial compensation of three month salaries.
 * 14) When the employee terminates the contract this way, the employer can demand the contract stands for up to one more week.
 * 15) When a judge declares the failure of at least one of the parties sufficient to terminate the employment contract as a whole.
 * 16) If declared terminated by a judge, the payment of a financial compensation for the duped party can be imposed on the party responsible for the failure.
 * 17) When a certain event enclosed in the employment contract as dissolving condition takes place.
 * 18) The following events can not be taken up as dissolving conditions: pregnancy, parenthood, marriage, reaching pension age and confiscation of the wage.
 * 19) When the employee dies or is missing for more than one week.
 * 20) After being employed under a labor contract for 40 years, an employee can retreat from the labor market, thus becoming pensioned.
 * 21) From the age of 55, all employees enter pension regardless of the years they have been under a labor contract.
 * 22) Pensioned people are legally entitled to a pension that is provided to them by the Social Security Fund.

The working hours
 * 1) The hours an employee has to work are to be enclosed in an employment contract to make it valid.
 * 2) These hours are limited to eight hours a day and forty hours a week.
 * 3) All labor performed outside these limits are regarded as overtime.
 * 4) All labor performed from 8 p.m. to six a.m. is regarded as night labor.
 * 5) All labor performed on saturdays, sundays or recognized holidays is regarded as weekend labor.
 * 6) If an employee is put to work he has to work at least three successive hours.
 * 7) After six successive hours of work an employee has the right to have half an hour of rest.
 * 8) Each employee has the right to have eleven successive hours of rest a day.

The employment conditions
 * 1) The conditions under which an employee performs his/her job have to be enclosed in an employment contract to make it valid.
 * 2) The conditions under which an employee performs his/her job may only pose the minimal acceptable threat to his/her safety, health or welfare.
 * 3) An employer is responsible for the consequences of his/her decisions on the employment conditions of his/her employees. End that he/she has to take the following measures:
 * 4) The prevention of risks and the evaluation of risks that couldn't be prevented within an acceptable margin.
 * 5) Giving priority to safety over profit when making decisions that affect the employment conditions.
 * 6) Informing the employee over possible risks in the light of his/her duty at his/her recruitment.
 * 7) An employee has to act in agreement with his/her training and given instructions to take care of his/her safety. End that he/she has to take the following measures:
 * 8) Make correct use of the provided machinery, tools and materials that may pose a threat to the employee's safety.
 * 9) Make correct use of the provided personal protective equipment.
 * 10) Make correct use of the provided safety mechanisms.

The wage
 * 1) The wage is defined by the employment contract but has to answer to the following provisions:
 * 2) The minimum wage is 14 dollars an hour, with a 30% digression for employees younger than 18.
 * 3) A compensating differential of 20% is to be given for labor at night, weekend labor, dangerous work or irregular hours.
 * 4) The wages as defined can be altered according to the inflation upon Congressional decision.
 * 5) The wages of all employees are protected by the following provisions:
 * 6) The employee can ordain his own wage without restrictions from the employer.
 * 7) All wages payed to Lovian residents are to be payed in US dollars unless he/she is employed in a foreign country, in which case he/she can demand payment in the coin of that country.
 * 8) Up to 1/5 of the wage can be payed in kind if this is desirable for the nature of the job and the employee was notified of this in advance.
 * 9) All wages are to be payed at least twice a month with no more than 16 days between each payment.
 * 10) Certain payments can legally be subtracted from the wage before payment.
 * 11) These subtractions should not comprise more than 1/5 of the total wage unless when the employee did deliberate damage or quits before the entire debt is redeemed.
 * 12) Payments that can legally be subtracted from the wage before payment are:
 * 13) Contributions for the Social Security Fund which are imposed by Congress through the taxation policy.
 * 14) Fines which are owed to the employer and are imposed by the agreed labor regulation of the employment contract.
 * 15) Damages which are owed to the employer and inflicted during the exercise of the job for that employer.
 * 16) Advance payments already made by the employer with agreement of the employee.

Sick leave and occupational injury/disease
 * 1) An employee is default by disease if he/she unable to perform his/her job due to a physic disease or mental condition.
 * 2) An employee who is default by disease has right to full payment if he/she notifies his/her employer of the situation.
 * 3) The employer can demand proof of a medical opinion or ask for a second opinion of a competent examiner appointed by the employer.
 * 4) All wages payed to an employee default by disease for more than 30 successive days are payed for 60% by the Social Security Fund.
 * 5) If the default is caused by an occupational injury or disease, the employer has to pay the full wage for the entire duration of the default.
 * 6) All employers are obliged to take insurance against occupational injuries and diseases, either private or through the Social Security Fund.
 * 7) All employers are obliged to take as much measures against occupational injuries and diseases as reasonable.

Collective bargaining
 * 1) Extra regulation can be imposed through organized collective bargaining between unions and sectors.
 * 2) The extra regulation is only valid when all parties agreed on a voluntary basis and the volition is not deficient.
 * 3) The extra regulation may concern vacations, recruitment, working hours, wages and working conditions.
 * 4) The extra regulation may not violate the marginal boundaries and regulations of the labor law.

Social Security Act

 * 1) The Social Security System is a collection of mechanisms that serve to fight poverty and social injustice to the benefit of society as a whole.
 * 2) The Social Security System is made up of the following institutions:
 * 3) The Social Security Fund, which is responsible for all transfer payments that are made under the Social Security System.
 * 4) The Social Security Fund is funded by contributions that are withheld from the wages in accordance to Lovia's tax policy.
 * 5) If the Social Security Fund faces a shortage its budget will be straightened by a financial injection from the federal budget.
 * 6) The Department of Finance and the Department of Welfare operate the Social Security Fund jointly.
 * 7) The Department of Finance is responsible for the income side of the Social Security Fund.
 * 8) The Department of Welfare is responsible for the spending side of the Social Security Fund.
 * 9) Receiving payments from the Social Security Fund without being entitled to them is considered social fraud.
 * 10) When social fraud is determined, the Social Security Fund can withhold further payments.
 * 11) Payments received without being entitled to them can be retrieved by court order.
 * 12) Social fraud as deliberate deception can punished with a compensating fee by court order.
 * 13) The National Healthcare Service, which is responsible for providing free medically necessary assistance to everyone the Lovian state is responsible for.
 * 14) The National Healthcare Service operates under the Department of Welfare which is responsible for the working.
 * 15) The National Healthcare Service runs all government hospitals, recognizes medical personnel and refunds medicine.
 * 16) The National Healthcare Service may advise Congress over price regulation concerning the pharmaceutical sector.
 * 17) The Social Assistance Service, which is responsible for legally and morally assisting the beneficiaries of the Social Security Fund.
 * 18) The Social Assistance Service operates under the Department of Welfare which is responsible for the working.
 * 19) The Social Assistance Service is to appoint all medical and social personal that observe the beneficiaries.
 * 20) The Social Assistance Service can appoint social housing if it is provided through Congressional clause.
 * 21) The Agency for Labor Inspection, which is to ascertain the compliance of employers and employees to the determinations of the labor law.
 * 22) The Agency for Labor Inspection operates under the Department of Welfare which is responsible for the working.
 * 23) The Agency has the task to control wether employers and employees respect the social regulations imposed upon them.
 * 24) The Agency is obliged to take a case to court when it finds a violation; the agency can not declare a verdict on its own.
 * 25) The transfer payments the Social Security System is charged with are monthly payments related to sick leave, deficiencies, unemployment, pensions and special benefits.
 * 26) All wages payed to an employee default by disease for more than 30 successive days are payed for 60% by the Social Security Fund.
 * 27) When paying, the Social Security Fund can ask for a second opinion of a competent examiner appointed by the Social Assistance Service.
 * 28) When an employee receives the sick leave benefit for six consecutive months, he or she must switch to the deficiency benefit.
 * 29) Al people who can not take part in activities on the labor market due to a physical or mental deficiency are entitled to a deficiency benefit of 1200$.
 * 30) The obstructing deficiency needs to be determined sufficient by a competent examiner appointed by the Social Assistance Service.
 * 31) People with a limited deficiency might be assigned to communal services if a competent examiner deems this to be desirable.
 * 32) All unemployed people that are capable of working are entitled to a minimum income of 1200$ provided by the Social Security Fund.
 * 33) A person receiving the unemployment benefit is obliged to undertake reasonable effort in trying to find a new job.
 * 34) A person receiving the unemployment benefit might be assigned to communal services by an appointed social worker.
 * 35) All pensioned people are legally entitled to a pension that is provided to them by the Social Security Fund.
 * 36) The legal minimum for a pension is 800$, regardless of how many years the receiver has been under an employment contract.
 * 37) A compensating differential of 10% is payed for every 10 years the receiver has been under an employment contract.
 * 38) The Social Assistance Service can foresee benefits for large families, single parents and people who lost their supporting partner.
 * 39) The amount of income and dependent people within the family is to be taken into consideration when determining the benefit.
 * 40) Such benefits are only to be granted to beneficiaries who's income is below the mandatory minimum income of 1200$.
 * 41) Any beneficiary can apply for such a benefit with a social worker appointed by the Social Assistance Service.

''The Social Security System will exist of a central fund mastered by Finance (income) and Welfare (expenses). When the system can not keep its numbers out of the red emergency injections can be given by direct transfers from the federal budget. Benefits handed out by the Social Security Fund will be followed up by the Social Assistance Service. The National Healthcare service will be providing you a doctor and meds, the Agency for Labor Inspection will make sure you get payed enough.''

Oversight of some financial records
 * Minimum wage if working 40 hours a week = 2200$ (GROSS!)
 * Benefit for unemployed = 1200$
 * Benefit for deficient = 1200$

Pension calculations:
 * Legal required minimum = 800$
 * Worked 10 years = 880$
 * Worked 20 years = 968$
 * Worked 30 years = 1065$
 * Worked 40 years = 1171$

Financial Outline Act
Under construction folks, soon to be finished. Please do not edit. 12:53, January 18, 2011 (UTC)


 * 1) A tax in the kingdom of Lovia is any financial charge or other levy upon a legal entity made by the state to either raise money for funding public policy or changing the undesired outcome of market activity.
 * 2) Taxation is to be fair, meaning that all taxes need a justifiable cause and are to be levied in accordance with the payer's ability to pay.
 * 3) Taxation is to be efficient, meaning that taxes should be levied without unreasonable economic or administrative cost.
 * 4) Not paying a tax, through avoidance or other failure, is punishable by a fee or confiscation of property through court order.
 * 5) The amount of created welfare skimmed for public policy through taxes should stay between 35 and 45% of Lovia's BBP.
 * 6) When the federal budget is facing a deficit, the state must borrow money on the financial market.
 * 7) The government should see to it that the yearly deficit is no larger than 3% of the budget to assure financial stability.
 * 8) Congress may approve to exceed the 3% limit in times of crisis, by which the a new limit becomes automatically fixed at 6%.
 * 9) When the federal budget has a surplus, it should be used to pay off the country's debt.
 * 10) Spending the surplus on new policy can only be done if the new policy is taken up in the budget, lowering the surplus.
 * 11) Congress may approve to spend up to 50% of the surplus on new policies that aim to stimulate or stabilize the economy.
 * 12) The following guidelines for public expenditure are to be respected by the government:
 * 13) At least 40% of the federal budget should be used for social security and national healthcare.
 * 14) At least 15% of the federal budget should be used for the funding of education and research.
 * 15) At least 6% of the federal budget should be used for public transport and infrastructure.
 * 16) At least 6% of the federal budget should be used for public safety.

Comments
Should we not propose the labor law, seems very good. Can't wait for the Social Security/Health Care/Pension/ Assistance bill!!!!Marcus Villanova Music is Life.Lean Forward.Walden 18:32, December 11, 2010 (UTC)
 * Glad to see your enthusiasm. I'd however wait until it is all finished before putting anything to a vote. I slowed down a bit due to school things (writing exercises, things to read, examinations coming up). Near the end of January I'll probably be on this again. In the mean time, all suggestions are welcome.  12:26, December 12, 2010 (UTC)
 * I'm definitely in support of labor legislation as well! Martha Van Ghent 16:06, December 29, 2010 (UTC)
 * This will be for the new Congress to vote on.  16:07, December 29, 2010 (UTC)
 * Good! Marcus Villanova Music is Life.Lean Forward.Walden 16:35, December 29, 2010 (UTC)

Don't forget you passed a Laborers' Act in 2008. Perhaps it'd be best to incorporate that in the big Labor Law? 11:44, January 16, 2011 (UTC)
 * I know, working on it. Give me some time man, this is huge.  11:46, January 16, 2011 (UTC)
 * Of course man . I'm very happy you're doing this. The sort of thing I can't tackle. I was just reminding you :) 11:48, January 16, 2011 (UTC)
 * It is a hell of a job but I got it all worked out on paper now. Wait until you see the 'kaderwet' (still not translated!). She's a real beauty compared to the two monsters up above. 11:49, January 16, 2011 (UTC)
 * I tried to describe what it is in TNCT, but I can't find a proper translation either. 11:52, January 16, 2011 (UTC)
 * Well, just find a nice sounding name . "Tax Outline Act" or something of the kind. 11:56, January 16, 2011 (UTC)
 * It is something only known in Dutch/German if I follow wikipedia. I'll read TNCT. 12:00, January 16, 2011 (UTC)

There's no stopping you, is there? =) You can count on our support (after I've read it thoroughly of course) Martha Van Ghent 13:26, January 16, 2011 (UTC)
 * This will become the beating heart of the Lovian community (I hope). 13:31, January 16, 2011 (UTC)
 * Good you're doing this cause it's not an easy task :) Martha Van Ghent 13:35, January 16, 2011 (UTC)
 * Great job, Yuri. The only things I'd recommend changing are minor clarifications:
 * Employment Contract
 * 1.2.4 – What is a “valid subject and a lawful cause”?
 * 1.3.5.1 – “the payment of a financial compensation can be imposed on the party responsible for the failure.” Who is compensated? The employee? It should be clarified.
 * Working Hours
 * 1.1.2 – “All labor performed between 8 p.m. and six a.m. is regarded as night labor.” The words “between” and “and” should be changed to “from” and “to”, so that there’s no confusion.
 * Employment Conditions
 * 2, 3, 4 – There is no punishment should these conditions not be met.
 * Those are my two cents. Edward Hannis  [[File:CogHammer.gif]] 17:24, January 16, 2011 (UTC)
 * First let me say these are very helpful comments, the kind I like to read. Okay, I'll change where necessary and try to explain if needed:
 * The 'valid subject' and 'lawful cause' are general terms in legislation. 'No invalid subject' means that party A and B can not make a contract on an action party C should perform (C is an invalid subject). 'A lawful cause' means that party A can not employ party B as let's say a serial killer, since the job of serial killer involves violating the law (serial killer is an unlawful cause for an employment contract).
 * The financial compensation goes to the one who wasn't responsible for the fault. I'll add it to the bill.
 * The labor hours: an error indeed. I'll fix that one too.
 * The labor law contains the determinations one has to follow. I put the punishment mechanism in the second bill (with social security). The Agency for Labor Inspection will have to make sure every employee/employer follows the conditions put forth in the Labor Law Act. If a violation takes place, the Agency or any involved party can take it to court.
 * 08:48, January 17, 2011 (UTC)
 * I had the same question about "lawful cause". I have another question too: first line defines the right to work (legally) by engaging in an employment contract. It says nothing on "foresee in his own income in any other way". What I want to say is this: perhaps you should include the words "and only", so:
 * "Every adult Lovian has the right to foresee in his own income by engaging in an employment contract, and in no other way."
 * Or something like that. Martha Van Ghent 10:28, January 17, 2011 (UTC)
 * A bit nasty for all the self-employed people, or those who live from renting houses etc. The bill serves to legally protect workers, I assume self-employed people wont try to exploit themselves.  10:33, January 17, 2011 (UTC)
 * Ah yes, didn't think of that. But still - your version of the bill would not outlaw uncontracted labor then, would it? Martha Van Ghent 10:35, January 17, 2011 (UTC)
 * Nope, and that can be exploited indeed. I'll think of a way to rephrase this, good work. 10:39, January 17, 2011 (UTC)
 * You're welcome. I'm still reading the rest Martha Van Ghent 10:45, January 17, 2011 (UTC)
 * It's fixed. Keep on giving feedback, I will have missed a lot of other things too. 10:47, January 17, 2011 (UTC)
 * Got around to reading the Social Security Act. Here are my remarks:
 * Section 2 – Commas between organizations and the word "which" should be used.
 * Section 3.1.2 – "He" should be changed to "he or she".
 * Section 3.2 – It should be clarified if the worker should re-enter the job market, if this benefit will end.
 * Section 3.3.1 – What is reasonable effort? Is there a punishment if not achieved?
 * Section 3.5.2 – The minimum should be raised for every child in the family below the age of 16.
 * That's all I've got to say. Good job, Yuri. Edward Hannis  [[File:CogHammer.gif]] 18:24, January 17, 2011 (UTC)
 * I fixed the first two issues, as well as the last one. The other two I will clarify:
 * Section 3.2: the bill states that a person can only enjoy the benefit as long as he/she is obstructed from participating in the labor market by a physical or mental condition . If you re-enter the job market you can clearly be no longer obstructed (the one excludes the other) and thus you are no longer entitled to the benefit.
 * Section 3.3.1: I choose 'reasonable effort' because any specified actions would be very random anyway. It is up to the state-provided social assistance to guide the unemployed and follow up if they are really trying. It also states the receiver of the benefit is obliged to undertake the effort, making the receiver punishable (breaking the law, see determination of social fraud 2.3.1-3) if he/she does not really try.
 * Thanks for checking! 12:35, January 18, 2011 (UTC)