Notion Clause Samples

Notion. An abusive dismissal is defined as the dismissal of an employee with an employment contract of indefinite duration based on reasons that are unrelated to the employee’s aptitude or behaviour, or not based on operational needs in the company, institution or service. The burden of proof lies with the employer when the employee contests his or her dismissal.

Notion. A manifestly unjustified dismissal is defined as the dismissal of an employee with an employment contract of indefinite duration, based on reasons unrelated to the employee’s aptitude or behaviour or to operational needs in the company, institution or service; and, which would never have been carried out by a normal and reasonable employer. The dismissal’s manifestly unjustified nature has nothing to do with its circumstances. Its assessment is purely based on whether the reason(s) for dismissal are related to either the employee or the business and whether a normal and reasonable employer would have taken the same decision. Only the dismissal’s unjustified character is examined, not whether the employer had other more reasonable alternatives. Employment tribunals only have a limited margin for appreciation. The burden of proof lies with: the employee, if the employer informed the employee of the reason(s) for dismissal in accordance with CLA n°109; the employee, if he or she was too late in requesting clarification on the reason for dismissal as stipulated in CLA n°109; the employer, if the employee was not informed of the reason(s) for dismissal either spontaneously or following the employee’s written request in accordance with CLA n°109. The burden of proof’s shift to the employer may encourage employers to spontaneously justify a dismissal if the appropriate reason’s underlying argumentation is weak.

Notion caractères juridiques et conditions de validité

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Notion. Income generated by the action (except for action´s results) Income generated from the sale of assets purchased in the GA In-kind contributions: Financial contributions specifically assigned by -specifically for the action -received free of charge • No-profit rule : project costs ≥ FCH JU contribution + Receipts • NEW: applied at project level, not per beneficiary! Disclaimer: Information not legally binding

Notion. In a general partnership all partners are unlimitedly, jointly and severally liable for partnership obligations. An agreement to the contrary has no effect against third parties. Art. 2292. (Business name). A general partnership acts under a business name consisting of the name of one or more partners with the indication of the corporate relationship. The partnership may retain in the business name the name of the withdrawing or deceased partner, if the withdrawing partner or the deceased partner’s heirs agrees to this. Art. 2293. (Applicable rules). A general partnership is governed by the rules of this chapter and, insofar as these do not provide, by the rules of the preceding chapter. […] Art. 2295. (Instrument of incorporation). The instrument of incorporation of the general partnership shall state: