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Yalding Labour Service - History
A RCHEOLOGY AND HISTORIC PRESERVATION:
Secretary of the Interior's Standards and Guidelines
[As Amended and Annotated]
Professional Qualifications Standards
The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61. The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience.
The minimum professional qualifications in history are a graduate degree in history or closely related field or a bachelor's degree in history or closely related field plus one of the following:
The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus:
In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.
The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history, or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following:
The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture or a State license to practice architecture.
The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following:
Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects.
A person became an indentured servant by borrowing money and then voluntarily agreeing to work off the debt during a specified term. In some societies indentured servants probably differed little from debt slaves (i.e., persons who initially were unable to pay off obligations and thus were forced to work…
Indentured labour, one form of contract labour, was common in North America in colonial times. Its subjects were western European (mainly British) males and females. Some of the contracts were similar to apprenticeships, while the terms of others were harsh—usually imposed on criminals whose sentences…
…option arose for the dispossessed: indentured servitude, a form of contract labour in which transport to a colony and several years’ room and board were exchanged for work petty criminals were soon disposed of through this method as well.
…century the planters preferred white indentured servants to African slaves, and for a time as many as 1,500 arrived every year. They were mainly English, along with some Scotch and Irish, and in general bound themselves, in return for transportation and support, to work without wages for four to six…
Examples of debt slavery, indentured servitude, peonage, and other forms of forced labour exist around the world and throughout history, but the boundaries between them can be difficult to define (see slavery). It is instructive to consider one prevalent system of debt slavery as a means of identifying the…
…and slaves were replaced by indentured labourers from India. The country’s modern-day Indo-Pakistani population stems from this program of replacing slavery with indentured servitude (deemed Britain’s “Great Experiment”) by the time it ended in the 1920s, almost a half million indentured labourers had come from India to work on the…
…successfully for the first time, indentured labour had to be brought from India to do the arduous work, because Africans—many of whom still had their own land and cattle—refused to work for the low wages offered on the plantations. By the last decades of the 19th century, however, a land…
…importation of some 60,000 Chinese indentured labourers when Black migrants resisted wage cuts. Chinese miners, who would mostly return home by 1910, performed only certain tasks, but their employment set a precedent for a statutory colour bar in the gold mines. Although this experiment provoked political outcries in the Transvaal…
In 1845 the immigration of indentured workers from the Indian subcontinent began it continued until 1917. As early as 1870, about one-fourth of the total population consisted of Indo-Trinidadians. The original Trinidadian Indian inhabitants had by then virtually disappeared. Other immigrants came to Trinidad after 1838 from the smaller British…
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The name Kent is believed to be of British Celtic origin. The meaning has been explained as 'coastal district,' 'corner-land' or 'land on the edge' (compare Welsh cant 'bordering of a circle, tire, edge,' Breton cant 'circle'). In Latin sources the area is called Cantia or Canticum, while the Anglo-Saxons referred to it as Cent, Cent lond or Centrice.  
The area has been occupied since the Palaeolithic era, as attested by finds from the quarries at Swanscombe. The Medway megaliths were built during the Neolithic era. There is a rich sequence of Bronze Age, celtic Iron Age, and Britto-Roman era occupation, as indicated by finds and features such as the Ringlemere gold cup and the Roman villas of the Darent valley. 
Julius Caesar described the area as Cantium, or the home of the Cantiaci, in 51 BC.  The extreme west of the modern county was by the time of Roman Britain occupied by a celtic Iron Age tribe known as the Regnenses. Caesar wrote that the people of Kent were 'by far the most civilised inhabitants of Britain'. 
Following the withdrawal of the Romans, large numbers of Germanic speakers from the continent settled in Kent, bringing their language, which came to be Old English. While they expelled the native Romano-British population, some likely remained in the area, eventually assimilating with the newcomers.  Of the invading tribes, the Jutes were the most prominent, and the area became a Jutish kingdom  recorded as Cantia in about 730 and Cent in 835. The early medieval inhabitants of the county were referred to as the Cantwara, or Kentish people. The city of Canterbury was the largest in Kent. 
In 597, Pope Gregory I appointed the religious missionary (who became Saint Augustine of Canterbury after his death) as the first Archbishop of Canterbury. In the previous year, Augustine successfully converted the pagan King Æthelberht of Kent to Christianity. The Diocese of Canterbury became England's first Episcopal See with first cathedral and has since remained England's centre of Christianity.  The second designated English cathedral was in Kent at Rochester Cathedral. 
In the 11th century, the people of Kent adopted the motto Invicta, meaning "undefeated" or "unconquered". This naming followed the invasion of Britain by William of Normandy as he was unable to subdue the county and they negotiated favourable terms. The continued resistance of the Kentish people against the Normans led to Kent's designation as a semi-autonomous county palatine in 1067. Under the nominal rule of William's half-brother Odo of Bayeux, the county was granted similar powers to those granted in the areas bordering Wales and Scotland. 
Kent was traditionally partitioned into East and West Kent, and into lathes and hundreds. The traditional border of East and West Kent was the county's main river, the Medway. Men and women from east of the Medway are Men (or Maids) of Kent, those from the west are Kentishmen or Kentish Maids.  The divide has been explained by some as originating in the Anglo-Saxon migrations, with Jutes mainly settling east of the Medway and Saxons settling west of it.  
During the medieval and early modern period, Kent played a major role in several of England's most notable rebellions, including the Peasants' Revolt of 1381, led by Wat Tyler,  Jack Cade's Kent rebellion of 1450, and Wyatt's Rebellion of 1554 against Queen Mary I. 
The Royal Navy first used the River Medway in 1547. By the reign of Elizabeth I (1558–1603) a small dockyard had been established at Chatham. By 1618, storehouses, a ropewalk, a drydock, and houses for officials had been built downstream from Chatham. 
By the 17th century, tensions between Britain and the powers of the Netherlands and France led to increasing military build-up in the county. Forts were built all along the coast following the raid on the Medway, a successful attack by the Dutch navy on the shipyards of the Medway towns in 1667. 
The 18th century was dominated by wars with France, during which the Medway became the primary base for a fleet that could act along the Dutch and French coasts. When the theatre of operation moved to the Atlantic, this role was assumed by Portsmouth and Plymouth, with Chatham concentrating on shipbuilding and ship repair. As an indication of the area's military importance, the first Ordnance Survey map ever drawn was a one-inch map of Kent, published in 1801.  Many of the Georgian naval buildings still stand.
In the early 19th century, smugglers were very active on the Kent coastline. Gangs such as The Aldington Gang brought spirits, tobacco and salt to the county, and transported goods such as wool across the sea to France. 
In 1889 the County of London was created and took over responsibility for local administration of parts of north-west Kent. These included the towns of Deptford, Greenwich, Woolwich, Lee, Eltham, Charlton, Kidbrooke and Lewisham. In 1900, however, Kent absorbed the district of Penge. Some of Kent is contiguous with the Greater London sprawl, notably parts of Dartford.
Originally the border between Kent and Sussex (later East Sussex) ran through the towns of Tunbridge Wells and Lamberhurst. In 1894, by the Local Government Act, the parts of these towns that lay in East Sussex were absorbed by Kent.
During the Second World War much of the Battle of Britain was fought in the skies over Kent.
Between June 1944 and March 1945 more than 10,000 V1 flying bombs, or "Doodlebugs", were fired towards London from bases in Northern France. Although many were destroyed by aircraft, anti-aircraft guns and barrage balloons, both London and Kent were hit by around 2,500 of these bombs.
After the war Kent's borders changed several more times. In 1965 the London boroughs of Bromley and Bexley were created from nine towns formerly in Kent.   In 1998 Rochester, Chatham, Gillingham and Rainham left the administrative county of Kent to form the Unitary Authority of Medway. Plans for another unitary authority in north-west Kent were dropped, but in 2016 consultations began between five Kent local authorities (Canterbury, Thanet, Dover, Folkestone & Hythe, and Ashford) with a view to forming a new unitary authority for East Kent, outside the auspices of Kent County Council.
For almost nine centuries a small part of present-day East London (the North Woolwich, London E16 area), formed part of Kent. The most likely reason for this is that in 1086 Hamon, dapifer and Sheriff of Kent, owned the manor and, perhaps illegally, annexed it to Kent. It ceased to be considered part of the county in 1965 [ disputed (for: contradicting related articles) – discuss ] upon creation of the London Borough of Newham.
Kent is one of the warmest parts of Britain. On 10 August 2003, in the hamlet of Brogdale near Faversham the temperature reached 38.5 °C (101.3 °F), at that time the hottest temperature ever officially recorded in the United Kingdom. 
|Climate data for Wye, England (1981–2010) data|
|Average high °C (°F)||7.4 |
|Daily mean °C (°F)||4.5 |
|Average low °C (°F)||1.7 |
|Average precipitation mm (inches)||71.4 |
|Average rainy days||12.7||9.6||9.5||9.0||9.2||7.9||7.7||7.4||8.1||12.1||12.0||12.2||117.4|
|Mean monthly sunshine hours||59.6||79.6||115.3||174.1||205.2||200.1||213.7||210.3||152.2||118.2||71.9||49.8||1,649.9|
Kent is in the southeastern corner of England. It borders the Thames Estuary and the North Sea to the north, and the Straits of Dover and the English Channel to the south. France is 34 kilometres (21 mi) across the Strait. 
The major geographical features of the county are based on a series of ridges and valleys running east–west across the county. These are the results of erosion of the Wealden dome, a dome across Kent and Sussex created by alpine movements 20–10 million years ago. This dome consists of an upper layer of chalk above successive layers of Upper Greensand, Gault Clay, Lower Greensand, Weald Clay, and Wealden sandstone. The ridges and valleys formed when the exposed clay eroded faster than the exposed chalk, greensand, or sandstone.
Sevenoaks, Maidstone, Ashford, and Folkestone are built on greensand,  while Tonbridge and Tunbridge Wells are built on sandstone.  Dartford, Gravesend, the Medway towns, Sittingbourne, Faversham, Canterbury, Deal, and Dover are built on chalk.   The easterly section of the Wealden dome has been eroded away by the sea, and cliffs such as the White Cliffs of Dover are present where a chalk ridge known as the North Downs meets the coast. Spanning Dover and Westerham is the Kent Downs Area of Outstanding Natural Beauty. 
The Wealden dome is a Mesozoic structure lying on a Palaeozoic foundation, which can often create the right conditions for coal formation. This is found in East Kent roughly between Deal, Canterbury, and Dover. The Coal Measures within the Westphalian Sandstone are about 250–400 m (820–1,310 ft) deep, and are subject to flooding. They occur in two major troughs, which extend under the English Channel. 
Seismic activity has occasionally been recorded in Kent, though the epicentres were offshore. In 1382 and 1580 there were two earthquakes exceeding 6.0 on the Richter Scale. In 1776, 1950, and on 28 April 2007 there were earthquakes of around 4.3. The 2007 earthquake caused physical damage in Folkestone.  A further quake on 22 May 2015 measured 4.2 on the Richter Scale.  It was centred in the Sandwich area of east Kent at about ten miles below the surface. There was little if any damage reported.
The coastline of Kent is continuously changing, due to tectonic uplift and coastal erosion. Until about 960, the Isle of Thanet was an island, separated by the Wantsum channel, formed around a deposit of chalk over time, the channels silted up with alluvium. Similarly Romney Marsh and Dungeness have been formed by accumulation of alluvium. 
Kent's principal river, the River Medway, rises near East Grinstead in Sussex and flows eastwards to Maidstone. Here it turns north and breaks through the North Downs at Rochester, then joins the estuary of the River Thames near Sheerness. The Medway is some 112 kilometres (70 mi) long.   The river is tidal as far as Allington lock, but in earlier times, cargo-carrying vessels reached as far upstream as Tonbridge.  The Medway has captured the head waters of other rivers such as the River Darent. Other rivers of Kent include the River Stour in the east.
A 2014 study found that Kent shares significant reserves of shale oil with other neighbouring counties, totalling 4.4 billion barrels of oil, which then Business and Energy Minister Michael Fallon said "will bring jobs and business opportunities" and significantly help with UK energy self-sufficiency. Fracking in the area is required to achieve these objectives it has been opposed by environmental groups. 
At the 2011 census,  Kent, including Medway, had 1,727,665 residents (18.0% of which in Medway) had 711,847 households (17.5% of which in Medway) and had 743,436 dwellings (14.8% of which in Medway). 51.1% of Kent's population excluding Medway was female — as to Medway, this proportion was 50.4%.
The tables below provide statistics for the administrative county of Kent, that is, excluding Medway.
|Married couples with/without children||Sole occupants||Unmarried couples with/without children||Lone parents||Shared homes and institutions|
|210,671||174,331 of which 79,310 over aged 65||63,750||60,645||77,877|
|August 2012||August 2001|
|% of 2011 Kent resident population |
(2001 population where applicable)
|Three highest-ranking districts|
|Folkestone and Hythe||4.9%||8.9%||107,969|
|Three lowest-ranking districts|
|Tonbridge and Malling||2.5%||4.4%||120,805|
Kent County Council (KCC) and its 12 district councils administer most of the county (3352 km 2 ), while the Medway Towns Council, a unitary authority and commonly called Medway Council, administers the more densely populated remainder (192 km 2 ).  Together they have around 300 town and parish councils. Kent County Council's headquarters are in Maidstone,  while Medway's offices are at Gun Wharf, Chatham.
At the 2013 county council elections, control of Kent County Council was held by the Conservatives, who won 44 of the council's 83 seats. 17 seats were won by the United Kingdom Independence Party, 13 by the Labour Party, 7 by the Liberal Democrats, 1 by the Green Party and 1 by the Swanscombe and Greenhithe Residents Association. At the 2007 local elections [ out of date ] , control of Medway Council was held by the Conservatives 33 of the council's 55 seats were held by the Conservatives, 13 by the Labour Party, 8 by the Liberal Democrats and 1 by an Independent.  All but one of Kent's district councils are controlled by the Conservatives: a minority Labour administration took control of Thanet District in December 2011 after a Conservative councillor defected to the Independent group. In the council elections of May 2015 the United Kingdom Independence Party (UKIP) took control of the Council [ which? ] , the first and so far only one in the UK. In October 2015 UKIP lost overall control following a series of resignations, although remaining the largest party, only for UKIP to regain control once more following ward elections in August 2016.
At the national level, Kent is represented in Parliament by 17 MPs, all of whom were Conservative until the general election of June 2017.  At that election Canterbury elected Rosie Duffield, the first ever Labour MP to hold the seat since the constituency was formed in 1918. At the 2019 general election, she increased her majority from 187 to 1836.
At the 2001 UK census [ out of date ] ,  employment statistics for the residents in Kent, including Medway, were as follows: 41.1% in full-time employment, 12.4% in part-time employment, 9.1% self-employed, 2.9% unemployed, 2.3% students with jobs, 3.7% students without jobs, 12.3% retired, 7.3% looking after home or family, 4.3% permanently sick or disabled, and 2.7% economically inactive for other reasons. Of residents aged 16–74, 16% had a higher education qualification or the equivalent, compared to 20% nationwide. 
The average hours worked per week by residents of Kent were 43.1 for males and 30.9 for females. Their industry of employment was 17.3% retail, 12.4% manufacturing, 11.8% real estate, 10.3% health and social work, 8.9% construction, 8.2% transport and communications, 7.9% education, 6.0% public administration and defence, 5.6% finance, 4.8% other community and personal service activities, 4.1% hotels and restaurants, 1.6% agriculture, 0.8% energy and water supply, 0.2% mining, and 0.1% private households. This is higher than the whole of England for construction and transport/communications and lower for manufacturing.
Kent is sometimes known as the "Garden of England" for its abundance of orchards and hop gardens. In particular the county produces tree-grown fruits,  strawberries and hazelnuts.  Distinctive hop-drying buildings called oasts are common in the countryside, although many have been converted into dwellings. Nearer to London, market gardens also flourish. Kent is the main area for hazelnut production in the UK.
However, in recent years, there has been a significant drop in agriculture, and industry and services are increasing their utilisation of the area. This is illustrated by the following table of economic indicator gross value added (GVA) between 1995 and 2003 [ out of date ] (figures are in £ millions): 
|Year||Regional GVA [A]||Agriculture||Industry [B]||Services [C]|
|County of Kent (excluding Medway)|
|A Components may not sum to totals due to rounding|
|B includes energy and construction|
|C includes financial intermediation services indirectly measured|
North Kent is heavily industrialised with cement-making at Northfleet and Cuxton, brickmaking at Sittingbourne, shipbuilding on the Medway and Swale, engineering and aircraft design and construction at Rochester, chemicals at Dartford and papermaking at Swanley, and oil refining at Grain.  A steel mini mill in Sheerness and a rolling mill in Queenborough. There are two nuclear power stations at Dungeness, although the older one, Dungeness A, built in 1965, was decommissioned in 2006. 
Cement-making, papermaking, and coal-mining were important industries in Kent during the 19th and 20th centuries. Cement came to the fore in the 19th century when massive building projects were undertaken. The ready supply of chalk and huge pits between Stone and Gravesend bear testament to that industry. There were also other workings around Burham on the tidal Medway.  Chalk, gravel and clay were excavated on Dartford Heath for centuries.
Kent's original paper mills stood on streams like the River Darent, tributaries of the River Medway, and on the River Stour. Two 18th century mills were on the River Len and at Tovil on the River Loose. In the late 19th century huge modern mills were built at Dartford and Northfleet on the River Thames and at Kemsley on The Swale. In pre-industrial times, almost every village and town had its own windmill or watermill, with over 400 windmills known to have stood at some time. Twenty-eight survive within the county today, plus two replica mills and a further two in that part of Kent now absorbed into London. All the major rivers in the county were used to power watermills.
From about 1900, several coal pits operated in East Kent. The Kent Coalfield was mined during the 20th century at several collieries,  including Chislet, Tilmanstone, Betteshanger, and the Snowdown Colliery, which ran from 1908 to 1986. 
The west of the county (including Tunbridge Wells, Tonbridge, and Sevenoaks) has less than 50% of the average claimant count for low incomes or worklessness as the coastal districts of Dover, Folkestone and Hythe, and Thanet (chiefly three resorts: Ramsgate, Broadstairs, and Margate). West and Central Kent have long had many City of London commuters.
Kent's geographical location between the Straits of Dover and London has influenced its architecture, as has its Cretaceous geology and its good farming land and fine building clays. Kent's countryside pattern was determined by a gavelkind inheritance system that generated a proliferation of small settlements. There was no open-field system, and the large tracts were owned by the two great abbeys, Christ Church, Canterbury and St Augustine's Abbey, that did not pass into the hands of the king during the Reformation. Canterbury Cathedral is the United Kingdom's metropolitan cathedral it was founded in AD 598 and displays architecture from all periods. There are nine Anglo-Saxon churches in Kent. Rochester Cathedral is England's second-oldest cathedral, the present building built in the Early English Style.  These two dioceses ensured that every village had a parish church.
The sites of Richborough Castle and Dover Castle, along with two strategic sites along Watling Street, were fortified by the Romans and Normans. Other important sites include Canterbury city walls and Rochester Castle. [ clarification needed ]  There remained a need to defend London and thus Kent. Deal Castle, Walmer Castle, Sandown Castle (whose remains were eroded by the sea in the 1990s) were constructed in late mediaeval times, and HM Dockyard, at Chatham and its surrounding castles and forts—Upnor Castle, Great Lines, and Fort Amherst—more recently.
Kent has three unique vernacular architecture forms: the oast house, the Wealden hall house, and Kentish peg-tiles.
Kent has bridge trusts to maintain its bridges, and though the great bridge (1387) at Rochester was replaced there are medieval structures at Aylesford, Yalding and Teston.  With the motorways in the late twentieth century came the M2 motorway bridge spanning the Medway and the Dartford tunnel and the Dartford Bridge spanning the Thames.
Literature and publishing Edit
Kent has provided inspiration for several notable writers and artists. Canterbury's religious role gave rise to Chaucer's Canterbury Tales, a key development in the English language. The father of novelist Charles Dickens worked at the Chatham Dockyard in many of his books, the celebrated novelist featured the scenery of Chatham, Rochester, and the Cliffe marshes.  During the late 1930s, Nobel Prize-awarded novelist William Golding worked as a teacher at Maidstone Grammar School, where he met his future wife Ann Brookfield.  William Caxton, who first introduced the printing press to England, was born in Kent the recent invention was key in helping many Kent dialect words and spellings to become standard in English. Lord Northbourne hosted a biodynamic agriculture conference on his estate at Betteshanger in the summer of 1939, he coined the term 'organic farming' and published his manifesto of organic agriculture the following year spawning a global movement for sustainable agriculture and food. 
Visual arts Edit
A number of significant artists came from Kent, including Thomas Sidney Cooper, a painter of landscapes, often incorporating farm animals,  Richard Dadd, a maker of faery paintings, and Mary Tourtel, the creator of the children's book character, Rupert Bear. The artist Clive Head was also born in Kent. The landscape painter J. M. W. Turner spent part of his childhood in the town of Margate in East Kent, and regularly returned to visit it throughout his life. The East Kent coast inspired many of his works, including some of his most famous seascapes.  Kent has also been the home to artists including Frank Auerbach, Tracey Emin and Stass Paraskos.
Kent was also the location of the largest number of art schools in the country during the nineteenth century, estimated by the art historian David Haste, to approach two hundred. This is believed to be the result of Kent being a front line county during the Napoleonic Wars. At this time, before the invention of photography, draughtsmen were used to draw maps and topographical representations of the fields of battle, and after the wars ended many of these settled permanently in the county in which they had been based. Once the idea of art schools had been established, even in small towns in Kent, the tradition continued, although most of the schools were very small one-man operations, each teaching a small number of daughters of the upper classes how to draw and make watercolour paintings. Nonetheless, some of these small art schools developed into much larger organisations, including Canterbury College of Art, founded by Thomas Sidney Cooper in 1868, which is today the University for the Creative Arts. 
Blean near Canterbury was home to Smallfilms, the production company founded by Oliver Postgate and Peter Firmin and responsible for children's TV favourites Noggin the Nog, Ivor the Engine and Bagpuss.
Performing arts Edit
The county's largest theatre is the Marlowe Theatre in the centre of Canterbury. Other venues for live music include Leas Cliff Hall in Folkestone and the Assembly Hall in Tunbridge Wells.
It re-opened, after being completely rebuilt, in October 2011.  Music festivals that take place in Kent include Chilled in a Field Festival, Electric Gardens, Hop Farm Festival, In the Woods Festival, Lounge On The Farm and the annual (not 2020) Smugglers Festival near Deal.
Tips and gratuities
Labor Code Section 351 prohibits employers and their agents from sharing in or keeping any portion of a gratuity left for or given to one or more employees by a patron. Furthermore it is illegal for employers to make wage deductions from gratuities, or from using gratuities as direct or indirect credits against an employee's wages. The law further states that gratuities are the sole property of the employee or employees to whom they are given. "Gratuity" is defined in the Labor Code as a tip, gratuity, or money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food, drink, articles sold or served to patrons. It also includes any amount paid directly by a patron to a dancer covered by IWC Wage Order 5 or 10.
What is a tip?
A tip is money a customer leaves for an employee over the amount due for the goods sold or services rendered. Tips belong to the employee, not to the employer.
When a customer pays their bill with a credit card and the payment includes a tip, when can the employee expect to receive the money from the employer?
Payment of a gratuity made by a patron using a credit card must be paid to the employee not later than the next regular payday following the date the patron authorized the credit card payment. Labor Code Section 351
My employer is deducting the credit card processing fees from my tips. Is this legal?
No. Labor Code Section 351 provides that the employer must pay the employee the full amount of the tip that is indicated on the credit card. The employer may not make any deduction for credit card processing fees or costs that are charged to the employer by the credit card company from gratuities paid to the employee.
I work in a large restaurant as a waiter. My employer told me that I am required to share my tips with the busboy and the bartender. Am I obligated to do this?
Yes. Labor Code Section 351 provides that "every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for". The section has been interpreted to allow for involuntary tip pooling so long as the tip pooling policy is not used to compensate the owner(s), manager(s), or supervisor(s) of the business, even if these individuals should provide direct table service to a patron or are in the chain of service to a patron. In addition, the policy must be fair and reasonable. Therefore, your employer can require that you share your tips with other staff that provide service in the restaurant so long as the employees that share in the tip pooling policy are employees to whom the tip was paid, given, or left for. In this regard, the courts have validated policies that distributed tips among employees who provide "direct table service" or who are in the "chain of service" provided that employee in the chain of service bears a relationship to the customers' overall experience. (updated March 2013).
Are the tips I receive considered part of my "regular rate of pay" for overtime calculations?
No. Since tips are voluntarily left for you by the customer of the business and are not being provided by the employer, they are not considered as part of your regular rate of pay when calculating overtime.
Is a mandatory service charge considered to be the same as a tip or gratuity?
No, a tip is a voluntary amount left by a patron for an employee. A mandatory service charge is an amount that a patron is required to pay based on a contractual agreement or a specified required service amount listed on the menu of an establishment. An example of a mandatory service charge that is a contractual agreement would be a 10 or 15 percent charge added to the cost of a banquet. Such charges are considered as amounts owed by the patron to the establishment and are not gratuities voluntarily left for the employees. Therefore, when an employer distributes all or part of a service charge to its employees, the distribution may be at the discretion of the employer and the service charge, which would be in the nature of a bonus, would be included in the regular rate of pay when calculating overtime payments.
My employer deducts my tips from my paycheck. Is this legal?
No. Your employer can neither take your tips (or any part of them), nor deduct money from your wages because of the tips you earn. Furthermore, your employer cannot credit your tips against the money the employer owes you. Labor Code Section 351
My employer pays me less than the minimum wage because he includes my tips in my hourly pay. Is this legal?
No. Unlike under federal regulations, in California an employer cannot use an employee's tips as a credit towards its obligation to pay the minimum wage. California law requires that employees receive the minimum wage plus any tips left for them by patrons of the employer's business. Labor Code Section 351
What can I do if my employer credits my tips against my wages?
You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner's Office), or you can file a lawsuit in court against your employer in to recover the lost wages. Additionally, if your employer is crediting your tips against your wages, you are being underpaid your wages and thus, if you no longer work for this employer, you can make a claim for the waiting time penalty.
What is the procedure that is followed after I file a wage claim?
After your claim is completed and filed with a local office of the Division of Labor Standards Enforcement (DLSE), it will be assigned to a Deputy Labor Commissioner who will determine, based upon the circumstances of the claim and information presented, how best to proceed. Initial action taken regarding the claim can be (i) referral to a conference, (ii) referral to a hearing, or (iii) dismissal of the claim.
If the decision is to hold a conference, the parties will be notified by mail of the date, time and place of the conference. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing or dismiss it for lack of evidence.
At the hearing the parties and witnesses testify under oath, and the proceeding is recorded. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served on the parties.
Either party may appeal the ODA to a civil court of competent jurisdiction. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses. The evidence and testimony presented at the Labor Commissioner's hearing will not be the basis for the court's decision. In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding.
See the Policies and Procedures for Wage Claim Processing pamphlet for more detail on the wage claim procedure.
What can I do if I prevail at the hearing and the employer doesn't pay or appeal the Order, Decision, or Award?
When the Order, Decision, or Award (ODA) is in the employee's favor and there is no appeal, and the employer does not pay the ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter the ODA as a judgment against the employer. This judgment has the same force and effect as any other money judgment entered by the court. Consequently, you may either try to collect the judgment yourself or you can assign it to DLSE.
What can I do if my employer retaliates against me because I objected to his crediting my tips against my wages?
If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you object to his crediting your tips against your wages, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint with the Labor Commissioner's Office. In the alternative, you can file a lawsuit in court against your employer.
What is Modern Slavery?
“Trafficking in persons,” “human trafficking,” and “modern slavery” are used as umbrella terms to refer to both sex trafficking and compelled labor. The Trafficking Victims Protection Act of 2000 (Pub. L. 106-386), as amended (TVPA), and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol) describe this compelled service using a number of different terms, including involuntary servitude, slavery or practices similar to slavery, debt bondage, and forced labor.
Human trafficking can include, but does not require, movement. People may be considered trafficking victims regardless of whether they were born into a state of servitude, were exploited in their home town, were transported to the exploitative situation, previously consented to work for a trafficker, or participated in a crime as a direct result of being trafficked. At the heart of this phenomenon is the traffickers’ aim to exploit and enslave their victims and the myriad coercive and deceptive practices they use to do so.
When an adult engages in a commercial sex act, such as prostitution, as the result of force, threats of force, fraud, coercion or any combination of such means, that person is a victim of trafficking. Under such circumstances, perpetrators involved in recruiting, harboring, enticing, transporting, providing, obtaining, patronizing, soliciting, or maintaining a person for that purpose are guilty of sex trafficking of an adult. Sex trafficking also may occur through a specific form of coercion whereby individuals are compelled to continue in prostitution through the use of unlawful “debt,” purportedly incurred through their transportation, recruitment, or even their “sale”—which exploiters insist they must pay off before they can be free. Even if an adult initially consents to participate in prostitution it is irrelevant: if an adult, after consenting, is subsequently held in service through psychological manipulation or physical force, he or she is a trafficking victim and should receive benefits outlined in the Palermo Protocol and applicable domestic laws.
Child Sex Trafficking
When a child (under 18 years of age) is recruited, enticed, harbored, transported, provided, obtained, patronized, solicited, or maintained to perform a commercial sex act, proving force, fraud, or coercion is not necessary for the offense to be prosecuted as human trafficking. There are no exceptions to this rule: no cultural or socioeconomic rationalizations alter the fact that children who are exploited in prostitution are trafficking victims. The use of children in commercial sex is prohibited under U.S. law and by statute in most countries around the world. Sex trafficking has devastating consequences for children, including long-lasting physical and psychological trauma, disease (including HIV/AIDS), drug addiction, unwanted pregnancy, malnutrition, social ostracism, and even death.
Forced labor, sometimes also referred to as labor trafficking, encompasses the range of activities—recruiting, harboring, transporting, providing, or obtaining—involved when a person uses force or physical threats, psychological coercion, abuse of the legal process, deception, or other coercive means to compel someone to work. Once a person’s labor is exploited by such means, the person’s prior consent to work for an employer is legally irrelevant: the employer is a trafficker and the employee a trafficking victim. Migrants are particularly vulnerable to this form of human trafficking, but individuals also may be forced into labor in their own countries. Female victims of forced or bonded labor, especially women and girls in domestic servitude, are often sexually abused or exploited as well.
Bonded Labor or Debt Bondage
One form of coercion used by traffickers in both sex trafficking and forced labor is the imposition of a bond or debt. Some workers inherit debt for example, in South Asia it is estimated that there are millions of trafficking victims working to pay off their ancestors’ debts. Others fall victim to traffickers or recruiters who unlawfully exploit an initial debt assumed, wittingly or unwittingly, as a term of employment. Traffickers, labor agencies, recruiters, and employers in both the country of origin and the destination country can contribute to debt bondage by charging workers recruitment fees and exorbitant interest rates, making it difficult, if not impossible, to pay off the debt. Such circumstances may occur in the context of employment-based temporary work programs in which a worker’s legal status in the destination country is tied to the employer so workers fear seeking redress.
Involuntary domestic servitude is a form of human trafficking found in distinct circumstances—work in a private residence—that create unique vulnerabilities for victims. It is a crime in which a domestic worker is not free to leave his or her employment and is abused and underpaid, if paid at all. Many domestic workers do not receive the basic benefits and protections commonly extended to other groups of workers—things as simple as a day off. Moreover, their ability to move freely is often limited, and employment in private homes increases their isolation and vulnerability. Labor officials generally do not have the authority to inspect employment conditions in private homes. Domestic workers, especially women, confront various forms of abuse, harassment, and exploitation, including sexual and gender-based violence. These issues, taken together, may be symptoms of a situation of domestic servitude. When the employer of a domestic worker has diplomatic status and enjoys immunity from civil and/or criminal jurisdiction, the vulnerability to domestic servitude is enhanced.
Forced Child Labor
Although children may legally engage in certain forms of work, children can also be found in slavery or slavery-like situations. Some indicators of forced labor of a child include situations in which the child appears to be in the custody of a non-family member who requires the child to perform work that financially benefits someone outside the child’s family and does not offer the child the option of leaving, such as forced begging. Anti-trafficking responses should supplement, not replace, traditional actions against child labor, such as remediation and education. When children are enslaved, their exploiters should not escape criminal punishment—something that occurs when governments use administrative responses to address cases of forced child labor.
Unlawful Recruitment and Use of Child Soldiers
Child soldiering is a manifestation of human trafficking when it involves the unlawful recruitment or use of children—through force, fraud, or coercion—by armed forces as combatants or other forms of labor. Perpetrators may be government armed forces, paramilitary organizations, or rebel groups. Many children are forcibly abducted to be used as combatants. Others are made to work as porters, cooks, guards, servants, messengers, or spies. Young girls may be forced to “marry” or be raped by commanders and male combatants. Both male and female child soldiers are often sexually abused or exploited by armed groups and such children are subject to the same types of devastating physical and psychological consequences associated with child sex trafficking.
The ILO Governing Body has identified eight “fundamental” Conventions, covering subjects that are considered to be fundamental principles and rights at work: freedom of association and the effective recognition of the right to collective bargaining the elimination of all forms of forced or compulsory labour the effective abolition of child labour and the elimination of discrimination in respect of employment and occupation. These principles are also covered by the ILO Declaration on Fundamental Principles and Rights at Work (1998) (see applying and promoting ILS). As of 1st January 2019, there were 1,376 ratifications of these Conventions, representing 92 per cent of the possible number of ratifications. At that date, a further 121 ratifications were still required to meet the objective of universal ratification of all the fundamental Conventions.
The eight fundamental Conventions are:
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Service industry, an industry in that part of the economy that creates services rather than tangible objects. Economists divide all economic activity into two broad categories, goods and services. Goods-producing industries are agriculture, mining, manufacturing, and construction each of them creates some kind of tangible object. Service industries include everything else: banking, communications, wholesale and retail trade, all professional services such as engineering, computer software development, and medicine, nonprofit economic activity, all consumer services, and all government services, including defense and administration of justice. A services-dominated economy is characteristic of developed countries. In less-developed countries most people are employed in primary activities such as agriculture and mining.
The proportion of the world economy devoted to services grew steadily during the 20th century. In the United States, for example, the service sector accounted for more than half the gross domestic product (GDP) in 1929, two-thirds in 1978, and more than three-quarters in 1993. In the early 21st century, service industries accounted for more than three-fifths of the global GDP and employed more than one-third of the labour force worldwide.
The simplest explanation for the growth of service industries is that goods production has become increasingly mechanized. Because machines allow a smaller workforce to produce more tangible goods, the service functions of distribution, management, finance, and sales become relatively more important. Growth in the service sector also results from a large increase in government employment.
Yalding Labour Service - History
Family mediation is a voluntary process by which couples in dispute, particularly those going through separation or divorce, are helped to deal with arrangements for their future.
Many couples prefer to negotiate their own private arrangements with the assistance of a family mediator rather than put their decisions in the hands of the courts.
National Family Mediation
Relate offers advice, relationship counselling, sex therapy, workshops, mediation, consultations and support face-to-face, by phone and through their website.
Scottish Marriage Care
UK College of Family Mediators
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