Unit test edgenuity answers
Surgery Experience and Weight Lifting
2023.03.26 07:10 Stussy447 Surgery Experience and Weight Lifting
I'm a 30 y/o male that has dealt with gerd/esophagitis/ibs for the last ~15 years. The symptoms range across the board but nausea tends to be a most common one, to the point where ive become a bit agoraphobic due to my fear of feeling sick away from home (vacations are the worst for me).
Ive done 4-5 endoscopies, a colonoscopy, a CT scan, some mobility test where i drank gross liquid and watched it go down, countless GI appointments, 1 emergency room visit, and countless days of anxiety induced by the symptoms, which lead to more anxiety, which lead to more symptoms and so on and so forth. Through all of this, I have found 0 answers. At this point, I am frankly sick of it and feel like im not able to enjoy life to the fullest.
Throughout all of this, not once has surgery been brought up, which i just dont understand. Is it common for this option to just be more or less ignored, and has anyone else had this experience as well? I could (and am considering) just asking for it, but my hesitation comes from feeling that there must be a reason its not brought up. I of course didn't want surgery but between trying diet changes, cutting alcohol, trying a bunch of different medications, etc it just feels that is the option left at this point.
Also for those with the surgery, is it really a lifetime ban from heavy lifting? The gym is a bit of an important meditative practice for me which includes heavier lifting, so that is another factor that gives me pause and would be good to hear more about.
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2023.03.26 07:08 interstelllla every time I create a new project, the "activity_main.xml" does not open and I get this error, does anyone know how to solve it?
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2023.03.26 07:08 joshleslie14 Why would this be 0?
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2023.03.26 07:06 NyingmaGuy5 What recent insights have you learned? Something that finally made sense to you?
I deleted my own original post. I didn't know it had your answer.
That there is a next level called Rigdzin, that you can have practices like Zhitro, Rigdzin Dupa, Palchen Dupa and so on, gathering the assembly and uniting them all, making it complete.
Body, speech, mind, qualities and activities. Since our attention is so weak and single pointed, normally we can only practice one of those five. But with Zhitro (Shyitro, zhi khrod) and the like, you get them all.
Such a great blessing! Emaho! Wow! All the great adepts had that practice.
My own insights:
I'm a beginner but I learned how this is not the path of "mind" by bypassing a lot of mind-numbing logical analyses.
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2023.03.26 07:03 california_reop What to do if anonymous survey results show customers exist, but can't get labeled results (whether yes or no)?
I recently conducted a market survey for my startup, which operates in the real estate finance space.
The survey was conducted anonymously, and the results showed that there is a significant pain felt among the target customer base.
However, when I ran a separate survey that required customers to provide their personal information, so that I can reach back out to them, none responded, let alone wanted to speak about solutions, let alone the one my business would like to propose.
Any advice on getting folks' time to talk about solving their problem? I know that everyone's time is valuable, so how exactly do we "test" as we're supposed to whithout using to much of it? A big feedback I've heard lately is "make them know answering the survey will help them" but how??
A big part of the problem is privacy! I'm not sure if I would enter details about my finances non-anonymously into a form either! But what is the alternative? It's a numbers game so speaking face to face is almost out of the question.
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2023.03.26 07:00 FloridaDNATesting Preparing for a Healthy Pregnancy: The Role of Prenatal DNA Testing
Congratulations, you're pregnant! As you embark on this exciting journey toward motherhood, it's important to take steps to ensure a healthy pregnancy. One way to do that is through prenatal DNA testing
. While the idea of genetic testing may seem intimidating or overwhelming at first, it can provide valuable insights into your baby's health and development before they even arrive. In this blog post, we'll explore the role of prenatal DNA testing in preparing for a healthy pregnancy and answer some common questions about the process. So sit back, relax, and let's dive in!
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2023.03.26 06:54 Adventurous_Fox_8108 Blood work help! Total Testosterone is 846 ng/dcl while my free test is low 10.4, why is that? And the other fixes I’ve labeled. I’m a 21 Yo male
2023.03.26 06:54 AutoModerator [Get] Trading Hub 3.0 Full Course
2023.03.26 06:52 meathead3847 Detroit FD Hiring questions
Hey everyone,I’m looking for a Detroit Firefighter to answer some questions I have.I’m from Nevada,currently an EMT-B,will be an advanced EMT in 2 months. I’m a Navy veteran as well,if that is beneficial for Detroit.Looking to see what the department is looking for,how long the hiring process is,anything more I can do,etc as well as any general tips before I begin flying out to test and interview.Thank you!
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2023.03.26 06:47 BrightStatement4153 I hate my job, but I love money
TW: Threats of Unalive
Long rant, oops
Soooo I am actually very very miserable at my job. I make the entire place run and I’m a “junior staffing coordinator” I post on indeed, manage the website, instagram, and facebook, drug screens, onboarding, among interviewing every person that comes in the building because the “senior staffing coordinator’s” huff and puff when they have to do one. The receptionist makes ME answer all the availability calls because she’s “too busy doing paperwork” even when we’ve only seen 1 person that day. One of the senior coordinators has a personal vendetta against me and is degrading to everyone she talks to. Everyone in the office has flip flop moods and I generally try to be cheerful and smack a whole façade on to leave a good impression on the people I interview.
My CEO has said some real shitty things to me, including “are you really that sensitive?”, “you don’t look like a bum today, you actually look professional” (I wear nice sweaters as everyone else), “are you still eavesdropping?” (whilst sitting near my desk, talking about me and not in a private area, after I chimed in to correct him on what he was saying about me), “you’re not getting another raise until you get that [rival agency] out of [company I staff for]” (I make $17/hr for this shit), and some other things he’s said that I don’t want to get fired up over at midnight.
CEO had me running his regional sales manager ad for about 2 weeks and didn’t find any candidates he wanted to call, asked me to revamp it on Wednesday. I looked at him dead in the eye and asked him how much it paid an hour, because I knew it would make him uncomfortable to disclose to me how much they make. I knew it was $50k/yr because I had been posting it for a while, I just wanted him to voice it to me because I’ve been fed up with him for so long.
(Side note- I’ve been trying to leave since August with no call backs for anything making at least 15.50-16.00, even resorting to begging my moms boss (who I grew up around) for something to do in their office to escape mine.)
CEO says it roughly pays about $25/hr. I nodded and went about the revamp. About 30 minutes later, he pops into the hallway and asks me to come into his office. He beats around the bush for a few minutes before stating he wants to offer me the sales position because he thinks I will excel in it, because I do a “damn good job” filling orders. (Funny, he’s always telling me I need to fill them in a not so nice tone even when only 1 is open) He tells me I have to be 100% committed, because if I take it and don’t like it I cannot have my old job back. Pros: company car, company phone, I get out off that office when I want.
I took it. I’m money motivated and it “”has the potential to make $150k/yr with commission”. I could use money like that, and it’s my ticket out if that hellhole if I need it.
I will also add we obviously have some people that come from all backgrounds for our jobs. We have 2 people in specific that I am deathly scared for my safety over. I’ve been face to face with people that were convicted of killing someone, but I’ve never been more afraid than I am with these two specifically.(I should also mention, I sit at the end of the hallway, right in front of the door. I am the first thing they see if they look through the doors window. In my PTSD riddled mind, I am an easy target, once they get through the receptionist.) One person calls in every day requesting my manager. Sometimes he’s fine. Other times he’s so bad that we know he’s off his meds. The most recent time he called in he said that he was going to “buy a fucking gun and show these people what they’re fucking dealing with”. He was talking to the receptionist and I could hear him yelling through the phone from 15ft away. He has also called in stating that if we don’t give him a job he will commit.
Another person was one I interviewed. I put him through the “skills tests” to see if he could actually read a tape measurer, because we deal with a global steel company and they’re REALLY picky about measuring skills. Once he was done, I told him I would send his resume to the company with his scores and we would be in contact. He immediately demanded to speak to my manager and I became pale faced. I asked him to wait in the lobby. My manager sits next to me so she heard the whole interview. She brings him back and he is yelling and arguing with her for 30-45 minutes and demanding the CEO’s email. We refused to give it to him, but told him he could call and ask for him. Big mistake. This guy called our office demanding the CEO 6 times in the span of 15 minutes and threatened that we didn’t want him to come up there, even after we told him the CEO had an emergency and was not there. I should also add this man blames me for him not having a job and said that he was contemplating committing over it. I did what I could, I wasn’t the coordinator for the company therefore had no access to present his information to them, but I’m his target and I’m terrified. We did his background and he’s banned from a local university for harassment, he has charges from harassing a local ER, and has a charge for calling someone 89x in a row. I’m pretty sure a couple were felonies.
The thing is though, the CEO is doing nothing about these two. So when he offered me that sales, it was definitely a point for me to say yes because I don’t have to be in the office.
Bless you if you read any/all of it, I hope you have a wonderful day and that great things come your way. Things get better.
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2023.03.26 06:41 SnooHedgehogs2356 Written from the perspective of 'Henry the Panel Truck' for Denny DuVall
Henry's Life Story
I was born in 1950! Yes, I was shiny and new once upon a time. No one kept track of my first ten years of life. I was 'just a truck' to my previous owners. I ended up in Ocotillo Wells, California, run to death, with my old flathead six motor froze up. My owner at that time sold me to Denny DuVall for $35 in 1960, and thus begins my story.
Now as you look at my old primer paint, with my dents and rust, you might believe that I am still on my death bed. However, if you look under my hood, you will see a new 350 horse GM Crate motor. I'm also sporting a Cadillac clip, with disc brakes, power steering, tilt wheel, and an aluminum cross flow radiator. Topped off with a rebuilt Chevy truck transmission. A "Vintage Air" a/c unit, and tempered glass in all my doors!! OK, now back to 1960. Denny's original plan was to go in with a friend of his, buy me, resell me for a couple of hundred dollars, split the money between them, and run.
Now I must tell you that Denny's friend was not able to come up with his half of the $35. (That's $17.50 to those of you who are paying attention!!) Now Denny, being the "Financial Wizard" that he is, took another two weeks to come up with the kings ransom of $35 to rescue me from certain death!! I almost signed up for counseling on that one!!
Then – Denny buys an old wrecked '51 Ford for $15.00 (money is no object to him) and installs the flat head six motor in me. I didn't realize that he cleaned swimming pools, and he would drive me 100 miles a day, six days a week. So, a year and a half later, that motor gave up the ghost, and I limped home, with my rods banging, two cylinders gone, smoking something terrible, and no oil pressure. In spite of my internal hemorrhaging, I got him home!
And so, began the legacy of a total of ten used motors, that Denny would install in me, over the following forty years of continuous service. Not to mention the million miles that went along with that! It's a miracle that I look this good!!! In 1961, Denny got married. They had Michelle in '63; Lissa in '64, Ben in '67, and Matthew in '69. Life in Borego was good. I was into motor three by then. This family life is pretty cool. Once when Chelle and Lissa were still quite small, maybe five- and six-years- old, they were playing, "drive the panel truck." Somehow, Chelle got my motor started.
Lissa sat on the floor and worked the pedals, Michelle steered. Wegot about 150 feet on our journey, when "fleet foot" Denny caught up with us, and brought our adventure to an end. Perhaps the girls and I will continue our journey at a later date.
In '73, Denny's Dad passed away. He and his family moved to Escondido with his Mom, so she could be closer to medical facilities. She passed away in '74. Three months later his fourteen-year marriage came to an end. This was not a very happy time for him, or me. All I could do was take him from place to place, and give him shelter.
For the next five years or so, (in Denny's quest to find his 'center') consisted of going from place to place. He would stay long enough for the wind to change direction, and we would be off, again!!
The hum of my motor, and the changing scenery, would comfort him, as we headed out on a new adventure. I guess I should also tell you that his other, "source of comfort," was his lady friends. We would all take trips to the redwoods, Oregon coast, the desert, etc.
Not to tell stories out of school, – Denny went through more, "relationships" than I've gone through tires and oil changes combined in my forty plus years with him!! Oy Vey, the sacrifices I've made!!!
As time goes by, "Tumble Weed" and I end up in South Carolina for four years. During that time we go back to Pa. to meet his birth Mother (another story-another time) Then it's to Deer Lodge, Montana. Of course, Denny (in his ultimate wisdom) gets us there in December, when it's colder than a mother-in -law's kiss. Hell, my gasoline even froze up!!! Will any of my wisdom ever rub off on him?? If I ever find that person he got that $35.00 from, he'll have tire tracks on himself, from head to toe!!! By mid-January, Denny has had enough of Montana. He's down to .37 cents, and very cold. He calls his cousin Tom. Tom sends us $200, and we're off for Southern Ca. Cousin Tom has a job waiting for Denny at San Onofre. He works Continued from Page 11there for a year. Then we relocate in the Escondido area. Denny meets a lady there, and they hook up for ten years. We all move up to Ramona. This ten-year thing was not destined to last. In '93 he and I move to the Julian area, where Denny does his paint and body thing. A trade that he has been in and out of since '57. "Tumble Weed," by now has acquired a 28' motor home to live in, and a '61 "manx." A road legal sand buggy – for those of you who don't know. Yes – I've learned to share Denny with other vehicles. It gives me a well deserved rest, from time to time!!
So – from '93 through '99 it's living in or around Julian, Borego, Fallbrook, Escondido, and Poway. Going from place to place, working on other people's antique cars and hot rods. As you can tell – He didn't do any paint and body work on me !! Nooo, I got to carry the commercial compressor, and all of the paint and body tools in me, run to Escondido for paint and supplies etc. While he made everyone else beautiful!!! But I'm NOT bitter – honest I'm not!!!
Now during that time from '93 through '99 there were trips every Sept. to Bellingham, Wa., to see his kids, and grandkids. Plus trips to different states for different reasons. One of these days, my wheels will just FALL off !!! Don't get me wrong – we have a LOT of fun on these trips. We meet lots of neat people, and make lots of great friends along the way! Now – maybe, if Denny would sit still long enough, some nice lady could drive a nail through one foot, and I could have a nice home with a BIG garage and a – never mind He's got me on "high test" and my mind wonders from time to time. Hey, I have my fantasies too you know!! OK – well, would you believe in '99 Denny moves to Poway and gets a (hang on to me) REAL JOB!!! You know, show up at 8 a.m., leave at 5 p.m., Monday though Friday, pay check every Friday thing!!!! Several of his friends are still in therapy over this deal!! I hope they get better soon!! This, has also contributed to all of the things that have been done to me over the past year, and more to come!!! I just LOVE it!!
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2023.03.26 06:40 code_hunter_cc Is there any way to implement HTTP/3 (QUIC) in Apache HTTP Server?
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2023.03.26 06:38 AFernHandshake Wrote a little narrative piece about a recent experience getting bloodwork, just want to share it with folks who might feel me
My deadname, spoken in an accented, hoarse older man’s voice jerks me out of my endless scrolling and into the present moment. I get up, and the white-coated lab tech looks confused when he sees that I’m who answered.
“It’s ‘Tyler’. But that’s me.” I say in place of a greeting, maybe a touch more forcefully than the setting really calls for, but hearing that name broadcast to the whole waiting room and having to answer to it triggers something primal and reactive in me that reaches my voice before politeness can dampen my tone. And, after being on testosterone for three and a half years and having top surgery, being deadnamed is not something that has happened in recent memory, so it caught me off guard.
“Ah… okay. This way please, Ms. Lastname.” The lab tech says, and I ignore the blatant misgendering because playing along and letting myself believe it’s an innocent mistake is easier than correcting him and starting some kind of Conversation About Gender. I know my name is listed in my chart as ‘Tyler’ first and most prominently, with my deadname in parentheses after it, so it would be a pretty hard mistake to make, but- whatever. I already don’t really want to be there, so I’d rather just get this over with as quick as possible.
I follow the tech back to the lab, take off my jackets, and take a seat in the chair. There are maybe a couple minutes of small talk that tapers into silence as he gathers the vials for my blood draw. I know he can see what labs I’m getting done, one of which is a testosterone count- between my male name and appearance, the gender listed on my chart, and the androgen level test I’m getting, I figure he knows that I’m a transgender man by this point if he didn’t already.
He asks which arm I want the needle in, and I say the left even though I’m left handed and usually choose my right arm, because I guess my monkey-brain response to being misgendered is to try to be as normative as possible and left-handedness is not ‘typical’, or… something.
He draws my blood and bandages the crook of my elbow, and I’m grateful that this spin of the blood draw roulette wheel landed on ‘totally unaffected’ instead of ‘fainting and puking’. I lower my sleeve, get up from the chair, and pull on my jacket, followed by my raincoat. I get tangled up in the sleeves somehow and this takes me a minute- truly, it was probably under a minute, but it stretched out into eons as the lab tech gathered up my vials of blood and cleaned up. We’d barely spoken, but I was flustered, anxious, and on edge, fight-or-flight instincts kicked into high gear.
“Bye, have a good rest of your day, ma’am,” he says as I’m turning to leave. I’m steaming at the seeming deliberateness (bordering on maliciousness?) of this third misgendering, but try not to let it show, just hastily wish him a good day and make my exit.
I don’t think of the blood draw again for the next several days- it’s not until nearly a week later when the site of the blood draw catches my eye, as a splotch of purple-yellow bruising in the crook of my elbow maybe three and a half inches long, right around where the needle punctured my skin.
Sure, it could be that it bruised because the blood was drawn from my left arm, which is my dominant arm and gets more use. He also may have messed something up accidentally somehow that caused me to bruise. Or I could have been dehydrated or something- I was fasting before my labs, after all. I can’t recall ever having a bruise after a blood draw, I don’t bruise very easily in general, but- people do bruise after getting blood drawn sometimes, that’s not unusual by any means, so I try my best to let the whole thing go.
But seeing the residual bruising still there nearly two weeks later, feeling and seeing the vein in that arm protruding prominently compared to my right arm, combined with the multiple times the lab tech misgendered and deadnamed me during my visit, I can’t help but feel it was… intentional? And that feels crazy, what kind of medical employee (especially an employee of a seemingly progressive and higher-end medical group in an urban part of California) would do something to harm a (trans) patient deliberately?
When I got my results back, after a few days longer than it’s taken in the past, my testosterone count showed as alarmingly high- until I realized the lab ran the test with the female testosterone ranges, instead of the male ranges. This has happened a couple times before, from other labs too, and it doesn’t impact the results so it wasn’t an issue in itself but it did feel like another strike in favor of the tech sabotaging my tests.
It was probably not deliberate. I’m probably overreacting to the whole thing, if there was even a ‘thing’ in the first place to react to. There’s probably some explanation for why it’s either my fault or nobody’s fault that my arm ended up pretty significantly bruised after this blood draw, when I normally have no bruising at all.
But I still have the creeping feeling that this lab tech was transphobic, and deliberately deadnamed and misgendered me, deliberately was not careful and bruised my arm, and deliberately ran my testosterone count against the female ranges instead of the male ranges. Even though I have no concrete evidence of this and have tried to believe the other possibilities, it still just feels that way, with a creeping feeling of ick under my skin and at the back of my mind.
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2023.03.26 06:35 sillysprigatito “Not tested” genes in raw data?
While exploring my raw data, I’ve noticed some genes say “not tested.” Specifically genes that may answer questions about conditions I may or may not have. Do 23andMe’s chips truly not test for certain genes, or is it a confidentiality issue? Is there another service I could export my raw data to to see my “full results”?
I appreciate any help.
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2023.03.26 06:34 secretkpr Still can't find the answer- Drug test for ADHD meds.
I've searched EVERYWHERE and can't find a clear answer.
I take Vyvanse. I smoke weed. I need to test clean for THC but positive for Vyvanse. I quit THC for the test but in the event it isnt out of my system, I'll need to dilute my urine. (I will be three weeks clean on day of test. I work out daily and am in a calorie deficit).
My question: Should I take the Vyvanse right before my test to ensure it's in my system?
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2023.03.26 06:32 labor-attorney Korean labor law: Disguised Outsourcing Cases and Criteria for Judgment
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https://preview.redd.it/mqu51g3mh0qa1.jpg?width=584&format=pjpg&auto=webp&s=11452b671c5578b745cdd6b081acc3d95914bd03 Korean labor law: Disguised Outsourcing Cases and Criteria for Judgment Bongsoo Jung / KangNam Labor Law Firm I. Introduction
Issues surrounding the use of irregular workers in Korea began with the introduction of two legal provisions during the Asian economic crisis in 1998: ‘dismissal for managerial reasons’ in the Labor Standards Act and the Employee Dispatch Act. The increased use of irregular workers by companies hoping to save on labor costs and ensure flexibility in management of personnel has resulted in greater polarization of society. As this polarization has worsened, laws designed to protect and benefit irregular employees began coming into effect in July 2007, with the aim of encouraging employers to hire them as regular employees. The main thrust of the laws is to limit the use of irregular employees to two years, and eliminate any discrimination between them and regular employees doing the same work. Even though the laws have restricted the increase in the use of irregular workers, many companies have been using loopholes in the laws to continue hiring irregular employees. There have been two recent cases heard by the Supreme Court which provide good examples of this. In this article, I would like to look at the details of the Supreme Court rulings and review the criteria used in making their decisions. II. Dismissal of Employees Outsourced to Hyundai Mipo Shipbuilding Company 1. Summary
Hyundai Mipo Shipbuilding Company (hereinafter “the Shipbuilder”) terminated its service contract with Yongin Company (hereinafter “the Subcontractor”) when a labor union was established inside the Subcontractor. Right after termination of this contract, all 30 employees (hereinafter “the applicants”) of the Subcontractor were dismissed, and the company closed down on January 31, 2003. The applicants filed a “claim for confirmation of employee status” against the Shipbuilder. Busan Appellate Court rejected this claim on the grounds that the service agreement between the Shipbuilder and the Subcontractor could be recognized as an outsourcing contract, but the Supreme Court overturned the Appellate Court’s decision, stating that it was possible to recognize the Shipbuilder and the Subcontractor’s employees as having an implied employment contract. 2. Supreme Court Ruling (July 10, 2008, Supreme Court 2005da75088) A. Legal principles for implied employment:
As a person hired by the original employer provides labor service for a third party at the third party’s location, to be regarded as an employee of the third party, his employment shall satisfy the following: 1) The original employer does not have independence in management and works as an agent of the third party in managing employees; 2) The original employer’s business entity is nothing more than formal and nominal, and the employee shall be subordinate to the third party in reality; 3) The party that actually pays wages to the employee is the third party; 4) The party to which the person provides labor service is the third party. Based on these criteria, it should be concluded that there was already an implicit employment contract made between the employees and the third party (Supreme Court, Sep 23, 2003 2003du3420). B. Confirmed facts
: The Subcontractor where the applicants had been employed had worked exclusively for the Shipbuilder as an outsourcing partner to inspect and repair marine engine heat exchangers, safety valves, etc. for the previous 25 years. The Shipbuilder required that employees who wished to work for the Subcontractor pass a skills test before being hired by the Subcontractor. They were then qualified to receive an additional allowance directly paid by the Shipbuilder. Furthermore, the Shipbuilder had substantive authority for employment and promotion of the Subcontractor’s employees, including the ability to demand disciplinary action or choosing candidates for promotion.
In addition, the Shipbuilder directly monitored the applicants’ attendance (including if they left work early), leaves, overtime, hours worked, and their work attitude. The Shipbuilder also determined the volume of work, working methods, work orders, and when and how the applicants would cooperate, and directly assigned work duties or placed applicants for substantive work duties through the Subcontractor’s responsible manager. The Shipbuilder required the applicants to complete its own work assignments in addition to work given by the Subcontractor, paying a certain wage even when there was no work from the Subcontractor by assigning other duties such as receiving education, cleaning of the workplace, and assisting other departments in their work. The Shipbuilder directly supervised and managed the applicants.
Furthermore, the Subcontractor was, in principle, supposed to receive a service fee calculated by multiplying each time unit by the volume received, to which the Shipbuilder added the wages paid when Subcontractor employees were engaged in other Shipbuilder-assigned work not directly related to the Subcontractor duties (such as fixing the marine engines). The Shipbuilder also paid bonuses and severance pay directly to the applicants.
While the Subcontractor handled income tax deductions, income reports, and bookkeeping for its employees under its own business name and registration, it used offices provided by the Shipbuilder, as well as all required facilities such as rooms for its own employee education. C. Judgment
: Upon review of the confirmed facts in B above, and based on the legal principle mentioned in A, it can be determined that even though the Subcontractor had made a formal outsourcing contract with the Shipbuilder and had a formal structure in which its own employees (the applicants) performed the necessary labor service, the Subcontractor did not substantially manage itself in terms of work performance or management of its business. The Subcontractor worked just like a department of the Shipbuilder would, or as a labor management agency for the Shipbuilder. Rather, as it is assumed that the Shipbuilder received subordinate labor service from the applicants and decided their working conditions (including wages), an implied employment should be estimated to exist between employees of the Subcontractor and the Shipbuilder, just as if the Shipbuilder had hired the applicants directly. III. Disguised Outsourcing Case of Hyundai Motors Company 1. Summary
While Yesung Company (hereinafter “the Subcontractor”), an in-house outsourcing company of the Hyundai Motors Factory – Ulsan (hereinafter “HMC”), was engaged in assembling automobile parts, it dismissed its 15 employees (hereafter “the applicants”) on February 2, 2005, due to union activities. The applicants then filed for ‘remedy for unfair dismissal and unfair labor practices’ against HMC and the Subcontractor, immediately after the Subcontractor closed down. The applicants’ claims were not accepted in the lower courts, who determined that the Subcontractor, who had already closed down, was their real employer, and not HMC. While the Supreme Court did not determine an implied employment relationship existed between HMC and the Subcontractor, it determined that a dispatch relationship did. According to the Employee Dispatch Act before its revision, in cases where a dispatched employee has served more than two years, the applicant is determined to be a direct employee of the using employer. 2. Supreme Court Ruling (February 23, 2012, 2011du7076) A. Legal principles for employee dispatch
: Whether employment is employee dispatch or not shall, regardless of the formal and nominal contract made between the two parties, be determined by collectively considering the purpose of the contract or job characteristics, specialty and technology, business registrations of the contracting parties and managerial independence, and the using employer’s actual command and control. B. Confirmed facts
: Of the work processes directly and indirectly necessary to produce cars, assembly on the conveyer belt system does not require the Subcontractor to possess much in the way of technological or specialized skills, and the Subcontractor can give few instructions to its employees in this process.
The applicants were placed on either side of the conveyor belt assembly line together with regular employees of HMC, carrying out simple and repetitive tasks according to the various instructions prepared and distributed by HMC, and using HMC’s own facilities, parts, and supplies. In this manufacturing process, the Subcontractor did not supply its own unique technology or make capital investment.
HMC possessed the general rights to give the applicants their work duties and change their work area, and determined the volume of work to be finished, working methods and working procedures. HMC directly managed the applicants or indirectly gave them substantial work orders through an on-site manager of the Subcontractor. In considering the characteristics of the applicants’ work, the responsibility of the on-site manager was simply as the messenger of HMC orders to the applicants.
HMC decided the starting and finishing times of each work shift, recess hours, overtime and night work, shift duties, the pace of manufacturing, etc., for the applicants, and in cases where HMC’s regular employees were absent due to occupational accidents or leaves, the applicants would fill in. C. Judgment
: The Appellate Court ruled that, based upon legal principles for employee dispatch and the confirmed facts, the employees were, in actuality, working under HMC’s direct supervision after hiring by the Subcontractor and dispatch to HMC. IV. Criteria for Evaluation 1. Guidelines for determining “employee dispatch” A. Employment relations
: 'Employee dispatch' refers to a business situation where the 'Sending Employer', who acts as an employee dispatch agency, hires an employee and sends him/her to a third party (the ‘Using Employer’) according to the employee dispatch contract. The dispatched employee carries out his/her duties in accordance with the using employer’s directions at the using employer’s workplace.
📷 B. Judgment method
1) Whether employment is subject to rules under ‘employee dispatch’ shall be determined by whether the sending employer who made the employment contract with the employee can retain the substantive entity of “employer”.
2) In cases where the sending employer is not considered to have the substantive entity of “employer”, the using employer (who did not hire the dispatch employee) shall be judged as having directly hired the dispatch employee.
3) In cases where the sending employer is considered to have the substantive entity of “employer”, the situation of the corresponding employee shall be investigated as to whether he/she is under the direction or authority of the using employer. The corresponding employment contract shall also be evaluated to determine whether his employment is direct or dispatch. C. Criteria for judgment 1) Determination of a sending employer as having the substantive entity of “employer”
If the sending employer does not have authority over the following items, it is unlikely that he/she shall be considered as having the substantive entity of “employer”: ① Rights to hire, dismiss, etc.; ② Responsibility to raise funds and make the necessary expenditures; ③ An employer’s legal responsibilities (the four social security insurances, corporate taxes, etc.); ④ Responsibility for providing machinery, facilities, tools and instruments; and ⑤ Responsibility and authority to make plans related to professional skills and experience. 2) Judgment on directions and orders from the using employer
If the using employer has authority over the following items for a dispatched employee, the sending employer has engaged that employee in work under the direction and authority of the using employer: ① Decision-making regarding work assignments and transfers; ② Directing and supervising work; ③ Monitoring sick leaves and other types of leave etc. and the right to take disciplinary action; ④ Evaluating work performance; and ⑤ Decision-making regarding assignment of overtime, holiday and night work. 2. Guidelines for auditing internal outsourcing (July 2004, The Ministry of Labor) A. Employment relations
: Outsourcing is a business situation where one party promises to complete a particular work, and the other party promises to pay compensation in return for completing that work (Civil Law, Article 664). Internal outsourcing (subcontracting) is a type of outsourcing where a company (the Contractor) assigns a certain task or tasks at its workplace to a Subcontractor, who is to complete the work.
📷 B. Method and criteria for judgment
If the Subcontractor’s situation does not satisfy the criteria of both ‘independence in personnel management’ and ‘independence in management of business,’ the Subcontractor shall be regarded as an ‘employee dispatch business.’
1) “Independence in personnel management” refers to the Subcontractor being the source of work instructions to its employees and being the exclusive manager of the following items: ① Hiring, dismissing etc.; ② Decision-making regarding work assignments and transfers; ③ Directing and supervising work; ④ Jurisdiction over working methods and evaluation of work performance; ⑤ Whether the Subcontractor’s employees work with the Contractor’s employees, and the difference of work between them; ⑥ Monitoring sick leave and other forms of leave, etc.; ⑦ Decision-making regarding assignment of overtime, holiday and night work; ⑧ Other conditions determining status as an employer according to the Labor Standards Act and the Labor Union Act.
2) “Independence in management of business” refers to the Subcontractor carrying out its work duties independently from the Contractor in terms of the following:
① Responsibility to raise funds and make the necessary expenditures; ② Retention of an employer’s legal responsibilities; ③ Responsibility for providing machinery, facilities, tools and instruments; and ④ Planning, professional skills and experience. V. Conclusion
The two cases in this article are typical examples of disguised outsourcing. The first, with Hyundai Mipo Shipbuilding, shows the most common disguised subcontract where, despite the fact that an outsourcing service contract was made between the two parties, an implied employment relationship existed, in light of the lack of Subcontractor independence in personnel management or management of business. The second, with Hyundai Motors, deals with an illegal employee dispatch. Even though a service contract was evidently recognized between the two parties, the Contractor was the one who directed and supervised both its own and the Subcontractor’s employees while they worked together in the conveyor belt assembly line, which, again, means there was no subcontractor independence. 
Joint guidelines of the Ministry of Labor and the Ministry of Justice, April 19, 2007
2023.03.26 06:32 Deep-Rise-189 AITA!! college drama
me (19 F) and my friend (19 F) were at a college party a few weeks ago, when she confessed about a boy from her hometown who she was beginning to get involved with. she told me i was the first friend from college she was confiding this to, so ofc i felt special and agreed to keep my mouth shut.
a few days later, I was hanging out at one of our other friends’ dorm when we got sent a picture of her with chocolates and roses on our group chat (which is a fairly large one-as in 10 friends more or less) telling she got them from a “secret admirer”. she wouldn’t tell them who sent her the flowers, instead seeming content on leaving them wondering and guessing. at the same time, my friend asked if i knew anything about it, to which i answered i didn’t, bc i didn’t make the connection straight ahead. however, she is one of my closest friends, and i hate lying to her, so when I reckoned the situation, I simply told her “the flowers where sent from a boy from Grace’s (let’s call her that) hometown. “ and life went on. I’ve really only said it bc i had answered negatively when she asked me about it, and I knew she would find out sooner or later, so I tried to not give her any details.
a bit after that, i was hanging out with another friend from our friend group who also casually asked me about the flower boy, to which i told her the same thing. i told her bc she has a history of feeling left out of the friend group and i hate seeing her sad. those 2 friends are my closest ones and I, again, didn’t display any important information (i think)
weeks passed, and i felt Grace acting a bit weird towards me, but i shrugged it off as being just my mind playing tricks on me. however, yesterday, she texted me saying she had some major gossip to tell me and strictly said i couldn’t tell anyone else. she said she hooked up with my cousin (which wouldn’t be weird, as it had been a discussed topic before) and was scared of what his ex might think. the whole conversation felt so off, like i was being tested or something. our friend group has history of shit-talking and i’m scared i’ve done something to fuck it up. am i crazy?
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to AmItheAsshole [link] [comments]
2023.03.26 06:30 AutoModerator [Get] Trading Hub 3.0 Full Course
2023.03.26 06:30 vremy_u I need help developing a satisfying ending to my Faegon run (Storytelling and Roleplay)
My heir, Rhaegar, is a good and well learned man. He has served as hand of the king and lord of Dragonstone for more than 10 years, gaining him the recognition of many people across all of Westeros. But Rhaegar is a very different man in the inside; he is insecure, envious, cruel and has lots of repressed childhood trauma regarding his most hidden and unknown talent, dragon dreams. Young Rhaegar had his first dream at 5 years old, where he was found and saved by his half brother, Durran.The dream consisted of a young red dragon prince being killed in single combat by a purple eyed black stag, he still is able to hear those hideous screams of agony to this day.
After this, his mother Queen Daenerys "Storm born" teached him about what they were supposed to be, how to react to them and not to repress them, while his father, King Aegon Vl "The Restorer" used him as a tool of unprecedented political use, of course, he still showed him love, but the constant use of this dreams took a toll on Rhaegar's mental health for the rest of his life.
Rhaegar's half-brother and former friend, Prince Durran "The Stormforged", was supposed to become Lord Commander of the Kingsguard for Rhaegar as it was promised between the two during their childhood in the Red keep. But whit the separation of the two as Rhaegar started to become more involved in court and Durran was left behind, he decided to make the decision to sail for Essos and join the dissidences of the golden company, creating resentment from Rhaegar to him for "abandoning" him at court, all alone for his father's plans of greatness for him. 9 years after his sail to Essos, Durran made his reappearance at the infamous 2nd tourney of Harrenhal.
This tourney was planned after the accident of the tourney of Casterly Rock, where the king would lose a leg as the result of a joust accident. This new tourney was supposed to represent the strength that house Targaryen had accumulated over the years, to present a united front to the lords of the realm, a united house Targaryen.
But the kings plan would be put to the test whit the appearance of the mysterious stag knight, who many thought was one of Lady Myrcella's sons bringing vengeance in his mother's name, was put against the heir to the realm, Prince Rhaegar. 3 jousts were enough to leave the young prince unseated, and when the stag knight revealed his black long hair and those hypnotic deep purple eyes, everyone knew who had beaten prince Rhaegar, the 9 year old who was in equal conditions to a Lord commander in 1 on 1 combat, prince Durran. That day, Rhaegar dreamed of the black haired stag whit his damned purple eyes.
This incident has created a feud between the brothers that has divided the realm completely into two opposite factions. In one side, there is Rhaegar who shows a discreet despise towards his brother and his loyal lords, who call themselves "The Reds", and in the other side there is Durran, who openly has declared eternal loyalty to his house and the crown and constantly denies the intentions of any Lord who dares suggest open rebellion against his father and brother.
Now whit Lord Monterys of Driftmark rebelling against Rhaegar after learning about his leadership in a plot to depose the old and good king Aegon, who only he and his heir know about, the death of prince Viserys in battle and Durran sailing whit his host to Dragonstone in petition of his old father in search of way of not starting a devastating civil war, the outcome of this silent war is upon to be decided.
What will happen next? Will Durran find out about his brothers intentions of usurping the throne? Will he join the rebellion of Monterys? Will Durran take the throne from his father? That's why I want to ask all of you, what should happen next? I'm looking for new ideas to make the run more fun lmao
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to CK2GameOfthrones [link] [comments]
2023.03.26 06:28 Guacacamole Fuck School
I fucking hate school. I love learning but school sucks. I had a test and I panicked and only finished one question because I had to freaking reread each question 90 times and then blanked when it came to answering the questions. I’m gonna fucking fail the class and this is the second time I’ve done bad at school. I asked the teacher for any way to make up a few points but they denied because it’s unfair for the class.
I have a plan to end it if things don’t get better by the end of the semester.
This week in general has been a train wreck for me on top of that I can’t take it anymore.
submitted by Guacacamole
to SuicideWatch [link] [comments]
2023.03.26 06:26 Pyocyanin1597 Pre-dedicated STEP1 Advice
To start off, I am beginning to panic for STEP1 in a very unhealthy way. I feel like I can't talk to anyone at my school because they are either gunners or are inflating what they have done to the point where I cannot get an honest answer.
To preface, I have done the BARE minimum for STEP1 during M2 year. I have been working on Bugs and Drugs, but beyond that LOL just lol. My school did not make our schedules lighter by any means and it is nearly impossible to cram more into step while trying to ace classes. UNFORTUNATELY, my school is not P/F pre-clinical either so I have been prioritizing acing these classes. I took a CBSE without STEP prep and got a 59% (stated I had a 75% chance of passing in the next week). Also, I am not an anki user so when I say I have not been doing any review, I mean it.
Am I absolutely entirely screwed if I begin dedicated without reviewing anything? I have 6 weeks for dedicated and I truly plan on grinding and buckling down 13 hours daily.
Is there any advice users can offer on how to maximize studying/review during dedicated? How do you review an entire unit in ONE DAY. I just need some guidance... For me personally, I am not a memorizer or a watch videos only person. I need to think deeply on a topic in order to get it solid. I know this is where questions will come into play, but does anyone have any suggestions on how to review FA and make it more challenging, beyond simply reading the textbook. I really appreciate ANY advice that can be given :)
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to step1 [link] [comments]
2023.03.26 06:25 hazomatic1 Advice for Baselang lessons
I signed up for Baselang and am really enjoying it so far but would love this subs advice on the best use of time for lessons with instructors.
I've been using Pimsleur for several months and am through about ~75 thirty minute lessons, but have very limited experience actually speaking with native speakers. Because of this, the intro 'test' with a Baselang instructor placed me as an 'Advanced Beginner' and I'm working through Level 2/9 of the Core Lessons.
Conversationally I can do the basics like order food, ask basic questions, and answer basic questions about myself and what I'm doing or interested in. Beyond that, I get lost pretty fast.
What would your advice be for the best use of time with tutors on Baselang given this level of experience? I want to work on conversation skills, but at this point I don't know if I have enough of a base level knowledge to really get past a simple greeting and a couple questions.
Would love any advice you can provide.
submitted by hazomatic1
to Spanish [link] [comments]