All posts by anayansigamboa

"I am someone who influence my own development. I look for a company where I have the opportunity to pursue my interests across functions and geographies, and where a job title is not considered the final definition of who I am, but the starting point.”

Legalese: Employment Contracts vs At Will Contracts Part I

In this world, we have two kinds of contracts, invisible contracts; those that somehow we have with governments (there are no paper trails and because they say so) and the paper contracts, those in which we have at least two parties agreeing to terms and conditions written on a piece of paper.

For the purpose of this article, we will refer to Employer or Company and Employee or consultants or freelancer moving forward.

the typed contracts were full of confusing legalese

So what happens when a party violates the terms of a contract to which they’ve agreed to?

Before we can answer that question, we will need to understand the legalese or legal language used and the different clauses that appear on each contract.

Trial Period / Probation Period Clauses

This clause may have something similar to:

***This agreement is subject to a trial period of 1 month.****

***The First Six (6) months of the employment contract shall be deemed a ‘probation period’. During this probational period each party of the contract shall be entitled to terminate the contract within 30 days notice to the other party.***

This clause should be pretty easy to understand. The company wants to have at least 30 days to up to 60 days to decide whether they want to keep the new employee and be able to terminate such employment contract within the specify time. If the employer does not terminate the contract within the 6 months, the contract is fully enforceable and only via court order or mutual agreement with the employee can this contract be terminated.

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At Will – Only applicable to the United States.

Many of us who has worked and lived in the USA have seen the so called ‘at will’ contracts.

At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish “just cause” for termination), and without warning. -Wikipedia

Such a clause may read as follow:

***Employment at ABC Corporation is “at-will.” This means that you may resign at any time, for any reason or for no reason, or with or without notice. Similarly, ABC Corporation may terminate your employment at any time for any reason or for no reason, with or without notice. This offer letter is not a contract of employment for any purpose or duration. ABC Corporation reserves the right to change its policies and procedures, with the exception of its “at-will”
policy, at any time, with or without notice.***

Example 2 – At Will Clause

***Employee acknowledges that the employment relationship created by this agreement is at will and is, to the extent set forth in this agreement, temporary in nature and can be terminated at any time by Company for any reason whatsoever.***

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Termination Clause

While most At-Will contract clearly specifies that a contract can be terminated with or without reason and at any time, most employment contracts provide a clear end date.

For temporary and limited short-term contracts, there should be an end-date, for example:

***This agreement shall continue in force from the dd Month year until the dd Month year or until earlier terminated in accordance with this agreement.***

Example 2:  Common in Employment contracts

The project agreement is entered into for a fixed term and is valid for the duration of 6 months and therefore ends automatically and by operation of law, without written termination being necessary for that purpose, on <end date>.

***Either party can immediately end the employment, without a termination period and without regard to the conditions regarding termination in the event of an urgent reason, as stated in articles <xxxx> and <xxx> of the Country Civil Code.***

***The employment contract will end on the last day of the month prior to the month in which the employee reaches the retirement age.***

On part II, we will cover the confidentiality agreement clause, and some other benefits clauses added to the employment contract like bonus, relocation, job responsibilities, competing clauses, and more.

Conclusion:

Most Europeans have what we called ‘Employment Contracts’ whereas Americans have ‘At Will’ contracts. The main differences between having an European contract versus an American contract are: stability (notice period is a must) and financial compensation (severance package equals one month salary for every year you worked for the company). Usually, an employer or employee must give 3 months notice before terminating the employment contract. Americans can be terminated the same day they report to work without notice. In the other hand, Americans make more money. For example, a clinical programmer for a pharmaceutical industry could make over 80,000/year salary depend upon experience while someone from the UK will be making less than 50,000 pounds or an EU employee less than 70,000 euros/year.

Americans make the money up front which means Americans should be saving on average one month salary per year while Europeans will receive a final check , usually one month salary for every year they have worked for the company, as part of their exit package or termination of employment also knowns as ‘severance payment’.

Need legal advice in Panama? Relocating to Panama for work and need legal advice? Panamanian work visas?

Contact Us here: Panama Lawyers and click on Consultation Form

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Motto of the Month – Prove Them Wrong

I don’t need to defend myself from people that doubt me. I let my actions speak for me. – Tom Brady

Tom Brady MottoTom Brady’s 10 Rules For Sucess

  1. Earn Your Success
  2. Care Deeply
  3. Love the Game
  4. Live in The Present
  5. Execute Well Under Pressue
  6. Believe in Yourself
  7. Set your Priorities
  8. Earn it Every Single Day
  9. Evolve
  10. Stay Hungry, Stay Humble

10 Rules of Sucess

Are you Fit for 2022?

For many of us “being fit” means “being able to provide for one’s own life and wellbeing”.  So what does it mean when I company tells you we need to be fit for 2022?

Fit for 2022 is a fancy term for ‘we need to lay-off X people more if we want to make it to 2022’.

So stay healthy, stay fit and work on your skills as you never know when your company will start their ‘lay-off plan’ with a fancy word like ‘fit for 2022’.

 

Hashgraph: Electronic Data Capture Future?

Hashgraph technology, created by Leemon Baird, it is probably going to replace blockchain technology.

Since the introduction of bitcoin there have been many thousands of blockchain based crypto currencies created and there are more being created every single day so what’s different about hashgraph?

Well it isn’t a blockchain it’s totally different in fact the way it works is a real Mindbender and a bit difficult to explain.

Instead of a block in a blockchain hash graph calls their packages of information “events”. Your computer takes a transaction like a payment or anything else for that matter such an action in the eCRF form (e.g. SDV) you want to record and puts it in the event for transmitting information quickly hash graph uses a technology that has been the gold standards in computer science for decades. Its super fast and its called ‘gossip protocol’. Your computer randomly tells another computer in the network about the even you’ve created and that computer responds by telling your computer any events it heard about then that computer tells another computer about your event and the other events it heard about and the computer its talking to responds by telling all the events its knows about. Its absolutely the best most efficient way to spread information and it’s exponentially fast  And the best part, it also includes the information of the time it heard it and who it heard it from and the time they heard it and who they heard it from and so on and it is called ‘gossip about gossip’ and it lets everyone knows what everyone else knows and exactly when they knew it and just fractions of a second.

Another key feature is ‘virtual voting’. Even though an old technology, it was slow but with hash graph, there is no voting instead because everyone already knows what everyone else knows you can mathematically calculate with 100% certainty how they would vote and allows hash graph to come to consensus almost instantly so instead of recording things on a block and adding it to the block chain once every 10 minutes hash graph events are added to the system instantly the moment they are created so they don’t have 10 minutes worth of information in them. That means they are small and contain far less data so they use very little bandwidth and are much easier to transmit and uses a minuscule amount of power which makes it fast, fair and more secure than block chain.

All events are time-stamped the moment they are woven into the system so the record of whose event came first and whose came second is instant and there is no such thing as soft forking or unconfirmed events.

It can also replace huge portions of the internet that are currently run by centralized servers by replacing them with the shared computing power of all of our own computers, iPads and cell phones.

It looks like hash graph might have all the potentials  of fulfilling all the original hopes and dreams of a true Electronic Data Capture system (e.g. eCRF forms collected at site, ePRO/eCOA data directly from subjects, external or local lab or ECG data from any lab, eSAEs, Inform consents, and more). In other words, sites, sponsors, labs, regulatory and all vendors working seamless with each other.

Imagine an investigator or research site completing an ‘event’ (e.g. Enrolled or randomized) and the system automatically sent the payment to the site at the end of each event.

The power to decentralize and remove the middleman with the speed at which technology is evolving the future is looking bright.

One of the challenges of any new technology is how do you really explain to people how do you make a compelling case for what makes a technology so compelling and one of the things that is so compelling about this technology is throughput – the speed.

You are probably thinking but what about eSignatures? Or Informed Consents? or Regulations? There is another technology ‘smart contracts‘ that could lead to substantial improvements in compliance, cost-efficiency and accountability.

What is a  Smart contracts? are contracts whose terms are recorded in a computer language instead of legal language. Smart contracts can be automatically executed by a computing system, such as a suitable distributed ledger system. The potential benefits of smart contracts include low contracting, enforcement, and compliance costs; consequently it becomes economically viable to form contracts over numerous low-value transactions. The potential risks include a reliance on the computing system that executes the contract. [Distributed Ledger Technology: beyond block chain, UK Government Office for Science, 2006]

Smart contracts

Bitcoin technology uses a tremendous amount of energy to run the system and also it is scaled up it became slower and slower to where it was no longer a currency it was basically a speculative vehicle you could make some gains in purchasing power. A transaction with bitcoin technology can take 4 hours for confirmation.  With hashgraph, compared to Bitcoin, uses no power.

If Bitcoin were to replace the entire world monetary system and financial markets, it would use more power than the entire world produces. It’s completely unsustainable.

Hashgraph, smart contracts, distributed ledgers and similar technologies offer new ways to share information, reduce errors, and it is cost effective to all users. Perhaps a new Electronic Data Capture system for clinical research will emerge.

Source:

Hashgraph.com

The Crypto Revolution

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Eliminating Informed Consent on Human Experimentation with Vaccines and Drugs

The 21st Century Cure Act would demand that the Food and Drug Administration (FDA) add an exemption from informed Consent requirements for those clinical trials that pose no more than minimal risks and the appropriate safeguards protecting the right, safety and welfare of subjects.

Informed Consent Waiver

The above can be found in section 3024 – Informed Consent Waiver or Alterations for Clinical Investigations.

So what they are saying now they don’t have to obtain informed consents to test vaccinations or drugs on humans beings if it has been determined that the proposed pose no more than minimal risks.

Let’s review the Exemption  for Devices for Investigational Use

(g)(1) The purpose of this section to encourage to the extent consistent with the protection of public health and safety and ethical standards, the discovery and development of useful devices intended for human use and to that end to maintain optimum freedom for scientific investigators in their pursuit of that purpose.

In other words, you can get an exemption for certain conditions.

Question: if you don’t have informed consent in clinical trials experimentation on people, then how does anyone knows you are not part of an experiment?

If sponsors and clinical researchers not longer has to tell you that you are part of it or get your consent to informed you what they are doing? That may sound a little crazy.

Further source of research:

The 21st Century Cures Act Implications

Say Goodbye to Vaccine Safety Science by Barbara Loe Fisher

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“Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.”

Motto of the Month: Let them Walk

When people can walk away from you, let them walk.

When people can walk away from you, let them walk.

Just sit down. I don’t need to make aftercall or nothing. I don’t have the hoop, I don’t have to make you shout.

When people can walk away from  you you, let them walk.

Don’t try to talk another person into staying with you, loving you, calling you, caring about you, staying attached to you, I mean hang up the phone.

When people can walk away from you, let them walk.

I don’t care how wonderful they are, I don’t care how attractive you are to them, I don’t care what they did to you 20 years ago, I don’t care what the situation is.

When people can walk away from  you, let them walk.

Because your destiny is not tied to the person who left. Your destiny is never tied to anybody that left. People leave you because they are not joined to you. You can get super glue and you can’t make them stay.

Let them go!

And you got to know when people part in your story is over so that you don’t keep trying to raise the dead. You gotta know when its dead.
When your boy is dead wash your face and have another baby. You got to know when its over.

If they left you its no accident. If you tried to make it work, and it wouldn’t work its no accident. Accept it as the will of GOD. Clap your hands, wash your face, do your dance and keep going.

Let me tell you something. I got the gift of goodbye. I believe in goodbye. Its not that I am hateful. Its just that I am faithful.  I know whatever GOD needs for me to have, he will give it to me. And if it takes too much sweat I don’t need it.

Stop begging people to stay.

Let them GO!

Source: TD Jake sermons and google image

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Star Spangled Banner – Best Performances

I love to hear new versions of our national Anthem…It gives me chills. Not everyone can pull it off and these are my favorites….

My Favorite Female artists…Unique voice…

O’er the land of the free and the home of the brave!

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My Favorites Country Songs – Part I

This list is long….Part II in some no distant future..Enjoy!

Fair Use Notice: Images/logos/graphics on this page contains some copyrighted material whose use has not been authorized by the copyright owners. We believe that this not-for-profit, educational, and/or criticism or commentary use on the Web constitutes a fair use of the copyrighted material (as provided for in section 107 of the US Copyright Law).