Investing In China Proposed Labor Contract Law

If you are considering setting up a company in the People’s Republic of China (the PRC) you should be aware that Chinese law is more protective of employees than the laws of many western nations, particularly the United States. The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006. This new law contains both bad news and good news from the point of view of the foreign investor; however, in general it further strengthens the protection of employees.

The Bad News:

Severance Pay

Because it is difficult under the PRC Labor Law to terminate open-term labor contracts, employers usually prefer fixed terms. The Labor Contract Law will address this issue by requiring employers to pay severance compensation to employees on fixed term labor contracts if these contracts are not renewed at the end of the contract term. The proposed compensation is at least one month’s salary for each year of service.

Company Rules/Employee Handbooks

No provision in the employee handbook or other rules affecting the employee’s “personal interest” may be put into force absent consultation with the labor union or other employee representative body (under Chinese law, virtually all employees are required to be unionized).

A Shorter Probationary Period

Currently, the probationary period may be agreed between the employer and employee in the labor contract, but the maximum probation may not exceed 6 months. The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for senior technical work, probably because these highly skilled employees are seen as less vulnerable in the employment market. This is significant because it easier to fire an employee during the probationary period than afterwards.

Non-Competition Clauses

Foreign invested companies in particular have tended to insert post-employment non-competition clauses into labor contracts in order to protect their intellectual property rights in China’s wild west business atmosphere. Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur. In this respect the reform will render Chinese law more similar to US law, since the current Labor Law does not impose any geographic restrictions at all (but does permits a maximum duration of up to three years). The Labor Contract Law goes even further, however, by requiring the employer buy a non-competition clause by paying a minimum compensation equal to the employee’s annual salary upon termination of the labor contract. It is still unclear what, if any compensation will be due the employee if the period of restriction is less than a year.

Contract Interpretation

Any ambiguous term in a labor contract will be construed in favor of the employee. This rule does little more that codify what has long been the prevailing practice in PRC courts.

Representative Offices

The current Labor Law requires Representative Offices to go through designated agencies such as FESCO (similar to Manpower in the United States) in order to hire employees. The new Labor Contract Law offers Representative Offices greater flexibility by allowing them to directly contract with employees for their first year of employment.

In summary, the new Labor Law will restrict foreign investor’s flexibility and make it more expensive for them to operate. The only good news is that Representative Offices will find it somewhat easier to operate. Typically, the new Labor Contract Law does not bother to define terms like technical, senior technical; and personal interest However, foreign investors have long been used to waiting months and even years for ambiguous terms in Chinese law to be defined through the further issuance of implementing regulations to supplement the main law; meanwhile the government’s actual implementation of the law in particular cases will be closely watched.

Injury Law Palm Beach Personal Injury Lawyers The Services They Offer

Struck badly by fate, you might find yourself suffering from an injury caused by someones negligence on the road or maybe even a slip & fall due to negligence on the part of a property owner. Perhaps, the incident created a great impact in your life especially if the damage caused was severe. In some instances, it could be a life changing event. On this case, you shouldnt second guess on hiring the services of Personal Injury Lawyers. If you need legal advice and professional assistance regarding the injuries that you have suffered, then hiring Personal Injury Lawyers are a no-brainer. With their extensive experience and knowledge, they can make sure that youre on the right path.

First things first, Personal Injury Lawyers are professional, legal representatives who specialize in injury related cases. Aside from making sure that you get the right treatment and claims that you deserve, they also make sure that you are not being deprived of your rights. Without the assistance of Personal Injury Lawyers, problems may arise on proving that you really have been hurt, be it on a physical, emotional or financial basis. And the good news is that most Personal Injury Lawyers offer their services under a no-fee contingency plan. Through this plan, you are not required to pay the necessary fees unless your lawyer has won the case.

You should be assigned a personal attorney, case manager and legal assistant. A team who will work closely with you from the very first day until the case is finally resolved. You need a lawyer who will aggressively represent you. You need an injury law firm who will call you back in a timely manner. An injury law firm who fully explains every step of the legal and medical process. It’s a huge plus when your Personal Injury Lawyer is compassionate and understands your complicated situation.

For more information, please contact Brian D. Guralnick at Injury Law Offices of Brian D Guralnick, PA – Demand More at 561-616-9977, emailĀ  or visit http://www.injurylawpalmbeach.com for details on a FREE CONSULTATION regarding your case. Law Offices of Brian D Guralnick:

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Importance Of Khata To Purchase A Property

The word Khata means ‘Account’. Khata is an account that is required for paying property tax by the owner of the property. The property tax is paid after assessing the valuation of the property by the concern authority for paying the taxes. Owners are subjected to pay property tax under the legal provisions of the tax laws.

Obtaining Khata does not confer the ownership of the property. It confers the person who is liable to pay the property tax. Property tax must be paid by the property owners. All owners who have property which comes under the preview of BBMP Jurisdiction are eligible to obtain Khata. Khata is a very important document for applying any license for the property, or to sell the property, or to apply a loan for the property.

When a property is transferred from a buyer to seller, it has to be informed to the BBMP within three months of transaction. In case of death of either the buyer or seller, it has to be informed within 1 year.

Khata is one of the most essential legal documents for the purpose of registration of sale deed in the name of purchaser. Having Khata avoids unreasonable delays during the transfer of ownership from seller to buyer. Khata is an essential document for applying loan in banks or some housing finance companies. Khata consists all the details of the property like name of owner, size of the buildings, location of the property and all other details that helps to file the property tax.

There are two types of Khata

1. Khata Extract.
2. Khata Certificate.

Importance of Khata Extract
Khata Extract is required to get trade license, or to buy a particular property. It is an extract from the assessment register about any particular property. It has the details of the property in a particular format. An extract is the only way to get the details of any property.

How to obtain Khata Extract:

For getting a khata extract, owner of the property has to give letter of requisition with property location and details. The fee is Rs.100/- per extract for a period of 5 years of the property.

Importance of Khata Certificate

A BBMP Khata certificate is required for two major purposes

1. For registration of a new property.
2. For transfer of any property.

How to obtain Khata Certificate:

For applying khata certificate, the owner of the property has to give letter of requisition along with details and the latest tax paid receipts to Assistant officer for the sub-division or range. The fee for certificate is Rs.25/- per property. Khata Certificate is obtained for any new registration after paying the tax. This certificate is an essential document to apply for water connection, electricity connection, trade license and building license. The Khata certificate is issued in favor of the absolute owner of the property. Khata certificate can be obtained within a week. And also it is available in citizen service centers.

Document required to obtain Khata
For Khata registration, you needed to enclose the following documents along with the registration form.

1. Documents required for property of land type- Revenue Pockets / BDA Reconveyed areas / Gramathana :

1. Title deed (Reconveyed documents from BDA in case of BDA Reconveyed areas)
2. Tax paid receipts and Khata details.
3. Sketch of your property showing its boundaries and location of site
4. Improvement Charges
5. National Saving Certificates for Rs.200/-
6. Encumbrance certificate for vacant sites
7. Flow chart of title.

2. Documents required for property of land of BDA / KHB Layout

1. Title deed or Possession certificate
2.National Saving Certificates for Rs.200/

3. Encumbrance certificate for vacant sites
4. Flow chart of title.

Khata Transfer

Khata transfer is required when the ownership of property is transferred from one person to another for any reason like sale of property, gift, will or in case of death of property owner and so on. The application for Khata transfer is the same as that of registration and the documents needed along with the application are as follows:

1. Title deed
2. Tax paid receipts and Khata details
3. Paid up improvement charges receipt
4. National Saving Certificates for Rs.200/-
5. Death certificate of owner (in case of application due to death own property owner)
6. Affidavit declaring the applicants is legal heirs of the deceased khatedar.

Bifurcation of Khata

Bifurcation of Khata is modifying two or more Khata into one or dividing one Khata into two or more Khata. Application form for bifurcation of Khata is the same as that of the registration of Khata.

Khata Registration Fee

After the property is assessed, BBMP formally communicates this, mentioning the property dimensions (in sq feet), its value as per BBMP assessment and the tax liability thereon. You are also provided with a notice, mentioning the same and informing you to pay the Khata Registration fee – 2% of the property value as mentioned in the Sale deed. Once you pay the Khata Registration fee, in about 1-2 weeks, you will receive the notice for paying the pending property tax. Without this the Khata Extract will not be issued in your name. But if you have reached this point it means Khata has been technically registered on your name.

Divorce Law Myths in Australia

There are many myths about the laws that govern divorce in Australia. A lot of television shows, such as Boston Legal will have many viewers believing that divorce is a complicated and daunting process. However the majority of divorces never make it to court and only about 5% actually have a judge that makes the final decision. The majority of divorce claims reach a mutual agreement between the two parties before entering the courtroom.

The assistance of a lawyer will speed up the process and will guide you through any complications along the way. A qualified divorce lawyer can answer all questions relating to your divorce claim, including child custody, courtroom affairs and division of assets and property. In most cases your lawyer will be able to reach a settlement with the other party without standing before a judge.

Equal Child Custody
The idea that children will receive equal custody by both parents is not true and neither is the thought that mothers receive more custody. There are a few legislations that state equal child custody however these legislations are not mandatory. The truth is child custody is decided by 3 factors; firstly the childs age and their ability to decide which parent is in their best interest.

Secondly, the safety of the venue the child will be residing, including the home, contents and the surrounding area. Lastly is the practicality of the arrangement, including the distance from school and other facilities the child requires. Another myth surrounding child custody is that there is a high abuse rate. The abuse rate is actually higher in intact families as opposed to separated families where both parents have custody.

Half All Assets and Property
Again only 5% of divorce claims settle property and assets before a judge, as the majority of claims are settled outside of court. Even when settling before a judge, the chance of receiving equal amounts is very rare. In contrast to what many people believe, the earning capacity of each spouse is not the basis for the division of property and assets. Rather home duties are weighed together and the home maker will in most cases receive up to 70%.

For example the father may be more employable than the mother; however the mother has more home caring skills and will most likely end up with a larger settlement. There are cases where the main home carer will not receive the majority of property and assets, and that is when assets exceed an exceptional amount, such as property over one million dollars.

The Jury Decides
Nearly all matters concerning family law will not have a jury and will only have a judge. Divorce claims are held in family or federal courts, where only a judge, registrar or magistrate is present. The only exception is criminal acts, which are not treated as family law and are handled differently.

The majority of simple answers surrounding divorce law are myths, because they cannot be explained briefly. If you are serious about a divorce claim, then you should consult a professional family divorce lawyer. The best way is to jump online and Google family lawyers in your area.

An Overview on Silent Partnership Agreement

Silent partnership agreement is crucial to run a joint venture smoothly:

Silent partnership agreement is basically a legal agreement between two or more people who enter into a joint venture but in a silent partnership the responsibilities of partners are different from each other. In the silent partnership, the silent partner usually provides finances and stays away from the day to day working of the business while the other partner or partners manage to run the daily affairs of the business. The silent partner do not participate in daily management affairs as he is not responsible for the running of the business but shares the profit or loss according to the pre-determined ratio.

The only responsibility of a silent partner is to provide financial investment to a joint venture while the other partner or partners take the responsibility to run the business by managing the daily affairs of the joint venture. While doing a silent partnership in South Africa, it is highly recommended to draft a silent partnership agreement which will help in the smooth run of the joint business and will also assist in resolving the disputes or misunderstandings that may arise in the course of the business.

Legal importance of silent partnership agreement in South Africa: While running a joint venture in South Africa in which a silent partner is involved, drafting and signing a silent partnership agreement becomes very important. It comes under the South African Companies Act, 1973. This partnership contract helps all partners involved in a silent partnership to determine the duties or responsibilities of each partner and also to define the procedures to resolve the disputes in this partnership in a mutually agreed fashion without going to the court. This silent partnership agreement is drafted by the mutual consent of all partners and helps them to run the business without experiencing any sort of disapproving situation. This agreement clearly states the responsibilities of the silent partner that he is supposed to provide financial investment and the other partner will work hard while participating in the managerial duties and will tackle day to day affairs to run the business. With the help of this silent partnership agreement, all partners will be able to resolve their disputes easily in a peaceful manner instead of going to the court in South Africa. This silent partnership agreement is comprised on the following major points.

Name of Business

Location or physical address of business

Nature or the business

Contributionsfrom partners (time, money, property etc)

Profit/loss sharing ratio

Responsibilities of all partners (silent and others)

Decision making

Termination of the agreement

In a country like South Africa, it is very important to draft a silent partnership agreement which plays a vital role in the smooth sailing of a joint venture and helps all parties to resolve their conflicts rather easily.

Net Lawman are adept in providing all kinds of silent partnership agreement templates which are highly beneficial for people who are going to start a silent partnership as these templates are drafted in a comprehensive and easy way in plain English which can be edited easily according to the requirements of people.

An Overview of Contract Law

The Extraordinary Importance of Contract Law:
Contract law lies at the heart of our system of laws and serves as the foundation of our entire society. This is not an exaggeration. It is a simple observation – one that too often goes unobserved.

Our society depends upon free exchange in the marketplace at every level. Contract law makes this possible. Exchanges in the marketplace always depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements could never work without contract law.

Contract law serves to make these agreements “enforceable”, which usually means that it allows one party to a contract to obtain money damages from the other party upon showing that the latter stands in breach.

Without contract law, these voluntary agreements would instantly become impractical and unworkable. Since such agreements lie at the very heart of our society and economy, and since they depend upon contract law, it is no exaggeration to say, as I have just done, that “contract law lies at the heart of our system of laws and serves as the foundation of our entire society.” Those were the very words that I used to begin this essay.

Stated more precisely, it is our system of contract law that underpins and makes possible the many private, voluntary agreements by which exchanges of goods and services are accomplished in our society at every level. No exchange is exempt from the contract law, which indeed can be rightly called the cornerstone of marketplace civilization.

In this article, I will briefly explain the different types of contracts that can be made, paying special attention to the common problems that arise in their formulation. I will also discuss how contracts are enforced or avoided, and how a wronged party to a contract can obtain recompense and other relief from the wrongdoing party. I will explain the principle of good faith, which in California is known as the “covenant of good faith and fair dealing”, and which has been too often overlooked by commentators and practitioners alike.

I do not aim to provide a comprehensive explanation of all the theoretical and practical difficulties. This is an overview, not an exhaustive treatise. Sometimes the overview will better help the reader understand the essential points, or the “forest” if you will, while the treatise is better for explaining the many intricacies and complexities that can be rightly called the “trees” of contract law.

Definition of a Contract:
A contract is nothing other than a voluntary, private agreement to exchange valuable things. It most often is an exchange of valuable promises. For example, a home-buyer might promise to pay $250,000 to the seller, who in exchange promises to deliver unencumbered title to the buyer.

Good Faith and Fair Dealing:
Most exchanges are straightforward matters that are self-executing and done without any problem at all. When I buy a cup of coffee at my local cafe (which I have just done so that I may enjoy it while I compose the present essay on my laptop), the cafe and I have made a self-executing exchange, which we have done without a hitch.

Ditto, if I buy a book at the local bookstore or have my car washed at the local car-wash. Ditto again, if I purchase airplane tickets from a travel agent, or have my house painted, or have my teeth cleaned at the dentist’s office.

Fortunately, most exchanges are performed on the spot to everyone’s satisfaction. Were this otherwise, our society and general commerce would soon become choked by controversy and disputes. Thus it may be said that our system depends above all on the good faith and honesty of our people. Indeed, the principle of “good faith” is central to contract law.

Every contract made or performed in California is said to include an implied-in-law covenant of good faith and fair dealing, by which each party to the contract agrees to act in good faith and deal fairly with the other. This has been construed to mean that one party to a contract should not try in bad faith to cheat the other party of the benefit of the bargain made by the contract.

Inevitable Complications and Controversies:
While most exchanges are performed without incident, not all of them are, as we all know. This is true even in the simplest of matters (e.g., the sale of a cup of coffee) and is even more likely in a complicated transaction (e.g., the financing, delivery, and insurance of commercial aircraft for an overseas company over a thirty-year term).

Let us take a simple example first. I will list only a few of the problems that might arise from a simple contract for a one-time sale of a single box of tomatoes. If you offer to give me $10 for a carton of tomatoes that I have sitting on a table behind me, and if I agree to accept it as payment in full for the tomatoes, we have made an oral contract that we can perform on the spot: You hand me the $10 bill, and I give you the carton. Nothing more simple or straightforward, right? But what if you discover that my tomatoes were too ripe when you bought them, and that they all go rotten within two hours of the purchase? What if I take your $10 bill, but then refuse to give the box of tomatoes, telling you to “beat it, scram, or else you’ll get hurt!” What happens if your $10 bill turns out to be counterfeit, or if you take the tomatoes but refuse to pay, or pay with a check that you later cancel or that is returned unpaid by the bank? What if the carton breaks while you are carrying it, and all the tomatoes fall to the ground and are ruined? What if you needed these tomatoes for the dinner you meant to make for your boss, who, in disappointment, decides not to give you the promotion he had earlier discussed with you? My point is only that problems can and often do arise in even the simplest, easiest exchanges.

In more complicated transactions, the possible difficulties are varied and sometimes difficult for the parties even to envision at the outset, much less address in an intelligent, orderly manner. Let’s consider one such example. Suppose a large American company makes a contract with a large foreign company by which it becomes obliged to design, deliver, and insure an entire generation of commercial aircraft over a thirty-year period. The possible complications might take me literally years to ponder, list, analyze, and explain. It could take a decade or longer for feuding teams of lawyers in several countries to sort out the possible complications that might arise.

To avoid such controversy, which results in burdensome attorney’s fees and an equally burdensome devotion of attention and effort that could be better employed in more constructive endeavors, it is necessary to have a proper contract in place at the outset: If the exchange is to be done on the spot and simultaneously, a written contract need not be used, but the parties should either reasonably trust one another’s good faith or have an exact understanding of the exchange before they undertake it. If the exchange cannot be performed in full on the spot, there should be a written contract to state the parties’ obligations and the essential terms of the exchange. A good written contract will also address at least the most likely complications that might arise, assigning responsibility for any such complication to a specific party in a specified manner.

A good written contract is one that clearly describes the exchange to be done and also addresses the possible complications that might arise during the performance of the exchange.

Different Kinds of Contracts:
I earlier provided a simple definition of a contract. Here is a more technical definition: A contract is a private compact, voluntarily made, by which the parties agree to exchange valuable things with one another. A contract comes into existence when (1) one party makes an offer that the other party accepts, and (2) the parties thereby agree to exchange valuable benefits on specified terms and conditions, with reasonably specific agreement on the price, place, time, the goods or services to be delivered, and the other essential terms of the exchange.

All You Ever Wanted To Know About Law Firm Branding

Whether you are a new or long-established firm, effective branding is the key to a successful legal business. Youll need visibility and credibility if you want to increase your business opportunities. Thats where the experts at Berbay Corp. come in. We have the know-how to create a distinctive brand for your firm, supported by a memorable marketing message and an effective plan for promoting your business so you can reach your goals.

We design and implement customized strategies to help you achieve your specific marketing and PR objectives. Our proven law firm branding programs will increase your credibility and make your firm more visible to potential clients. Our plan for you may include speaking opportunities, conference participation, developing seminars, writing articles for business, professional and trade publications, sending legal updates and newsletters, and developing a social media program.

Because no law firms brand is complete without an effective presence on the Internet, an important element is a dynamic, informative website that communicates your firms energy and leadership. We can help you design and develop a website from start to finish or revamp your existing site. We will implement strategies to increase your visibility on the web and drive potential clients to your website.

As law firm branding requires extensive expertise in creating a cogent public relations and marketing plan, you will find that Berbay Corp. gets results that set you apart from the competition. Our approach is both innovative and customized with the goal to increase your presence in your target markets. We offer complete and comprehensive law firm branding for firms of all sizes.

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Alienation of Affection Laws

Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a persons behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which cant be answered by the common man that Experts can answer. The top five queries related to alienation of affection are listed below that have been answered by the Experts:

In which states is alienation of affection law recognized?

Each of the United States has their own rules and regulations for this law. However, there are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws.

Is it possible for someone to file a case under alienation of affection law in Maryland?

The state of Maryland has abolished the law, but allows petitions for divorces. Many states have different standards and not every state recognizes this law in general. Experts can answer state specific law questions.

Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?

Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendants lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse.

Can someone from a state which doesnt recognize alienation of affection laws file a case in a different state that recognizes the laws

A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued.

Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?

It is possible for someone to be sued for even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized.

Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws www.justanswer.com/family-law.

Abbey National Santander Demonstrates The Uphill Battle In Suing Your Employer

The uphill battle and intense stress in suing your employer is demonstrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case in the UK, where the Employment Tribunal found race discrimination and subsequently ordered Santander Abbey National to pay the record breaking 2.8 million compensation award. Abbey National Santander Group (the Spanish-owned UK high street bank which will soon be re-branded as Santander share price, and is part of the massive Banco Santander Group) terminated Balbinder Chagger’s employment in 2006, asserting redundancy as the reason. Mr Chagger believed that the real reason behind his dismissal was race discrimination. Santander Abbey National Group employed Mr Chagger (of Indian origin) as a Trading Risk Controller. He was paid about 100,000 per annum and he reported into Nigel Hopkins.

An employee who has suffered discrimination at work could decide to challenge his employer. The challenge may be initiated in the form of a formal grievance. The employee raises the grievance formally with the employer. The employer is responsible for hearing the grievance and deciding its outcome. The employer is, thus, given the opportunity to deal with the employment dispute and to bring it to a satisfactory end. The Employment Tribunal that heard the Abbey Santander price case found that Mr Chagger had attempted to resolve the issues around his dismissal directly with Abbey National and Mr Hopkins, via the company’s own complaints and grievance procedures. The Employment Tribunal also found, however, that Mr Chagger’s issues were simply dismissed out of hand.

If the employee remains dissatisfied with the employer’s handling of the grievance, then he must initiate legal action in order to persevere with his challenge. Mr Chagger, being dissatisfied with the outcome of his grievances, eventually initiated legal proceedings against both Abbey National Santander and Mr Hopkins on the grounds of race discrimination and unfair dismissal, thus, escalating the dispute to the attention of the Employment Tribunal.

An employer (especially a large and powerful organisation such as a major bank) is likely to be a formidable opponent for most employees, possessing vastly superior levels of financial resources, experience of dealing with disputes, legal expertise and plenty time to devote to the challenge.

In stark contrast, the employee will be relatively poor in financial resources, experience and legal expertise, will be hindered by personal circumstances and commitments, and have to make time to devote to the challenge while he also goes about discharging his obligation of mitigating his loss stemming from the discrimination he has suffered. He may also be further hindered by the low economic value of his challenge (the rewards less the costs), and be discouraged by the prospect of being shunned by prospective employers for having brought a legal action against an employer (whether he wins or loses).

The employer may exercise its superiority ruthlessly, without any remorse, in its attempts to coerce the employee into giving up his challenge for as little as possible. To persevere with legal action against such a formidable opponent requires the employee to possess an amazing level of resolve and lots of disposable cash.

Even though the employer might be holding significant advantages and be ruthless, a genuine challenge supported by appropriate evidence has the possibility to be successful, as shown by Mr Chagger who satisfied the Employment Tribunal that Mr Hopkins and Santander Abbey National had unlawfully discriminated against him on the grounds of race in his dismissal. In order to remedy the wrongs of race discrimination and unfair dismissal that Abbey Santander had committed, the Employment Tribunal ordered it to reinstate Mr Chagger. However, Santander Abbey refused to comply with the Employment Tribunal’s reinstatement order.

Despite Mr Chagger’s challenge being genuine and successful, his experience was that other prospective employers shunned him for having brought a legal action against an employer. This, along with Santander Abbey National’s refusal and failure to comply with the Employment Tribunal’s reinstatement order, subsequently led to the record breaking 2.8 million compensation award.

Even if the employee’s legal challenge is successful, the employer may appeal against the Tribunal’s decision and, thus, continue to prolong the employee’s challenge and to erode its economic value through additional legal costs. In 2008, Santander Abbey National and Mr Hopkins continued the legal case by appealing against the Employment Tribunal’s finding of racial discrimination and 2.8 million compensation award. The Employment Appeal Tribunal (EAT) that heard the appeals upheld the original Employment Tribunal’s finding that Abbey Santander and Mr Hopkins had racially discriminated against Mr Chagger in his dismissal. However, the EAT overturned the Employment Tribunal’s 2.8 million compensation award and sent it back to the original Employment Tribunal for reconsideration.

Even where the issue of the wrong committed has been closed off, the employer may continue to be ruthless in its handling of the issue of remedy/compensation. The Chagger v Abbey National plc & Hopkins case did not end at the EAT stage. This year, 2009, the case was appealed to the Court of Appeal (the second highest court in the UK). The Court of Appeal’s List of Hearings showed that the appeal was listed for hearing on 7 and 8 July 2009. The Court’s judgement and records of the hearing were not available at the time of writing this article. The King’s Walk Bench set of barristers’ chambers, who represented Santander Abbey and Mr Hopkins, had reported that the Court of Appeal hearing was only about compensation (not racial discrimination also). That would suggest that the wrong of racial discrimination committed by Abbey Santander and Mr Hopkins has been finalised by the EAT (which upheld the original Employment Tribunal’s decision that Santander Abbey National and Mr Hopkins had racially discriminated against Mr Chagger in his dismissal), and that Mr Chagger has appealed against the EAT’s decision to send back the 2.8 million compensation award to the Employment Tribunal stage for reconsideration.

As can be seen, winning a discrimination case against a powerful employer is far from easy: it is highly risky and intensely stressful, possibly spanning across many years. The employee should try to have regard for the economic value of his challenge and base his decisions with reference to it, because if the challenge is purely based on principles (no matter how admirable they may be) or spite, then he should prepare to lose lots of money.

What Is The Difference Between Thoughts And Beliefs And Why Is That Important For Using The Law Of Attraction

One of the most crucial things to know about the mind and reality is the difference between thoughts and beliefs. The difference between a thought and a belief is that you may have thousands of thoughts going through your mind but none of them give birth to any power except those that are beliefs. A belief is information that you understand as truth or knowledge. Choosing to make a thought real or not is a decision under the very power of the will.

Thought is first a conscious idea, then it becomes a subconscious memory, working day and night. This is what operates the law of attraction, for the reason that the laws of attraction and repulsion are entirely subconscious. Thoughts may be conscious to start with, but they are subconscious as soon as they are put in motion. The subconscious mind is the seat of emotion and the database of memory, therefore memory is tied to emotion. Emotion is energy in motion. The more emotion a thought has, the more it is able to move matter. Weak thoughts have little emotion. Strong thoughts have much emotion.

The things we manifest in our life come from our subconscious beliefs rather than our conscious thinking. If we believe everything we think on is going to manifest in one form or another, we’ll probably walk about terrified because most of us aren’t thinking optimistic thoughts all the time. If we have the idea that whenever we think a thought, it will create our reality, then we would most likely be afraid to think anything at all.

Emotion is energy in motion, therefore all movement is emotional. The subconscious mind as the seat of emotion is the operational aspect of the mind. All activity is carried out by the subconscious mind which is the creative faculty. The conscious mind merely directs and instructs, therefore the subconscious mind continually works in harmony with the conscious mind. The coming together of conscious and subconscious mind in order to manifest reality permanently involves the element of want and emotion.

A conscious thought only has effect when being consciously thought of. When the thought is intensified and galvanized with emotion, it generates enough momentum to continue flowing on its own and become perpetual. The thought becomes a memory and the subconscious programming that runs the entire mind. Every true belief is not just conscious but subconscious and is tied to emotion. A belief is a thought wrapped in the clothes of emotion.

Almost no one can maintain a conscious focus on anything for more than a few seconds. When you focus as fully as you possibly can on maintaining an image or thought in your mind, notice how long it takes before something else pops into your awareness. That something else is coming from your subconscious mind because it is always in motion.

Thus, it’s crucial to ensure that your subconscious mind seizes the focus on your target since your conscious mind simply can’t do it. When you emotionalize the thought instead, the parts of the brain that excel at maintaining focus, the frontal lobes, are energized in a way that maintains the necessary subconscious focus. The result is that, subconsciously, you keep your eyes on the prize, even when you’re sleeping.

When your subconscious mind understands the message it receives, it takes root and becomes set in motion.

The thought becomes emotionalized, internalized and turns into a belief.

The fastest way to give yourself the beliefs to manifest the things you want is through hypnosis and NLP. There are numerous other ways and certainly there are methods yet to be discovered. For now though, in western culture,the best ways for us to install the subconscious beliefs that will continually have our minds focused on creating our wants is through hypnosis. You can use affirmations or meditation but those things take too long.

Once your subconscious has the beliefs that support what you conscious mind wants, you won’t be able to stop yourself from gliding towards your goals. Like the maltese falcon, subconscious beliefs that match your conscious wants is the stuff that dreams are made of.