Table of Contents
What is the law on seniority?
Seniority, in service law, connotes the precedence or preference in position of an employee over other employees similarly situated. Seniority means a longer life than of another thing or person taken for comparison. In the case of a Government servant, it means ‘the length of service’.
How seniority is determined?
You can distinguish seniority from merit-based advancement because seniority is based only on a person’s employment duration without considering other factors, such as accomplishments. A company may use seniority to make certain decisions and merit-based systems for other decisions.
How is seniority determined in the federal government?
As explained in § 616.2, most seniority systems are created through collective bargaining between a union and an employer. When there is no union (the non-union shop, as explained in § 630.3(b)) and no collective bargaining agreement, an employer might unilaterally impose a seniority system.
Is seniority based on date of joining?
Seniority of an employee in public service is not to be calculated from the date when vacancy arose, but from the date of actual appointment, the Supreme Court has held. “A person is disentitled to claim seniority from a date he was not borne in service,” the court said.
What is consequential seniority?
Consequential seniority allows reserved category candidates to retain seniority over general category peers. If a reserved category candidate is promoted before a general category candidate because of reservation in promotion, then for subsequent promotion the reserved candidate retains seniority.
Can you lose seniority?
Loss of seniority occurs with resignation, dismissal (unless the GESSA employee is recalled during the recall period), or retirement. Loss of seniority impacts workers’ right to receive social security benefits.
Do you have to lay off by seniority?
Employees lose all seniority and forfeit all rights, and the employing department is not obliged to recall them if: they resign or employment is properly terminated.
What is an example of seniority?
For example, one employee may be senior to another either by role or rank (such as a CEO vice a manager), or by having more years served within the organization (such as one peer being accorded greater status over another due to amount of time in). The term “seniority” can apply to either concept or both concurrently.
What is another term for seniority?
Synonyms & Near Synonyms for seniority. precedence, preference, prerogative, privilege.
Can you transfer from one federal job to another?
A career or career-conditional employee of one agency may transfer, without a break in service of a single workday, to a competitive service position in another agency without competing in a civil service examination open to the public. An employee may transfer to a position at the same, higher, or lower grade level.
How is seniority defined under Title VII?
seniority are utilized by employers. Seniority may be measured solely by length of employment at a company, or by length of employment within a particular department or job. 10 Therefore, section 703(h) was passed as an exemption to Title VII, in order to protect bona fide systems of seniority.
What is inter se seniority?
Inter se Seniority is the seniority amongst the employees who are working at the same pay scale / rank. So, for example, if there are five Assistant Professors in a Department, the determination of inter se Seniority would mean determining which of the said five Assistant Professors will be the senior most.
What is difference between joining letter and appointment letter?
An appointment letter is provided to the candidate by the company who has been offered a job and the candidate has accepted the offer. On the other hand, a joining letter is submitted by the selected candidate to the company stating the details of his joining date.
What is seniority date?
Seniority Date . The date an employee is hired into a classification within the bargaining unit.
What is Article 335 A?
Article 335 “The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenane of efficiency of administration, in the making of appointments to services and posts in connection with • the affairs of the Union or of a State.”.
What is Article 16 4A?
Article 16(4A) allowed the State to provide reservations to a SC/ST in matters of promotion, as long as the State believes that the SC/ST is not adequately represented in government services.
What is catch up rule in promotion?
post subsequently would regain seniority over the reserved candidate who was promoted earlier. This rule came to be known as the catch-up rule. The two judge Bench directed that the above principle would be followed with effect from the date in the judgment in Sabharwal29.
Does seniority matter at work?
Seniority becomes important when employers make the unhappy decision to lay off employees. Employment lawyers recommend seniority as a factor in their layoff decisions. Laid-off employees are also less likely to slap employers with discrimination charges if the layoffs are done according to seniority.
Why seniority is bad?
This is the main criticism of seniority – that it values longevity over merit. If an under-performing employee is promoted solely on the basis of seniority, then that company could end up paying more for an employee who is not achieving as much as a less-senior (and therefore cheaper) colleague.
Do you lose seniority when you quit a job?
(a) A regular employee on leave of absence without pay, other than leave of absence for an elected or appointed position in the Union, or leave granted under Article 21, shall not accrue seniority for leave periods over thirty (30) calendar days.
Who is entitled to severance?
Severance pay is often granted to employees upon termination of employment. It is usually based on length of employment for which an employee is eligible upon termination. There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay.
Is a severance package?
California law generally does not require employers to provide severance pay or severance packages to a worker upon termination of the job.
What criteria will you use to determine who will be terminated?
Here are a few methods to help you determine who will be let go: Seniority Based Selection. Employee Status Based Selection. Merit Based Selection.
