...SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------- LABOR CODE Pursuant to the Constitution 1992 of the Socialist Republic of Vietnam amended and supplemented under the Resolution No. 51/2001/QH10; The National Assembly promulgates the Labor Code. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation The Labor Code specifies the labor standards; the rights, obligations and responsibilities of the employees, the employers, the labor representative organizations, the employer representative organizations in the labor relation and other relations directly related to the labor relation, the State management of labor. Article 2. Subjects of application 1. The Vietnamese employees, apprentices, interns and other employees specified in this Code. 2. The employers. 3. Foreign employees working in Vietnam. 4. Other individuals, agencies and organizations directly related to the labor relation. Article 3. Interpretation of terms In this Code, the following terms are construed as follows: 1. Employees are people from 15 years old and above, capable of working, working under labor contracts, receiving salaries and subject to the management of the employers. 2. The employers are enterprises, agencies, organizations, cooperatives, households and individuals hiring, employing employees under labor contracts. The individuals must be sufficiently capable of civil acts. 3. The labor collectives are organized collectives of the employees working for one employer...
Words: 26912 - Pages: 108
...labor relations MG420 RESEARCH assignment pAPER MG420 Labor Relations July 2015 TABLE OF CONTENTS Topic Page 1. Collective Bargaining 2 * Four Components of a Collective Bargaining Agreement 2 2. Three U.S. Laws Supporting Collective Bargaining 5 * Three Examples of Employer Unfair Labor Practices 5 3. Establishing and Decertifying a Collective Bargaining Unit 9 * Part of the Process of Establishing a Union 9 * Part of the Process of Decertifying a Union 9 4. Administering a Collective Bargaining Agreement 12 * Role and Function of an Arbitrator 12 Conclusion 14 Works Cited 16 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. Include and discuss [showing relevance or applicability] at least one reference found in our text, along with a current web-based news item/magazine article about a real life example of a collective bargaining action. Pick any two of the four mandatory components you've listed and include and discuss [showing relevance or applicability] at least one reference found in our text, along with a current web-based news item/magazine article about each of those [two] collective bargaining issues in action. Collective bargaining is the process of negotiations involving the representatives of the employer and employee for terms and conditions of employment that will apply to the employee. In the United...
Words: 4227 - Pages: 17
...short definition may be, is a complex labor process defined by several discussion topics; collective bargaining is governed by strict definitions and rules, extensive long-standing laws that support it, and specific methods and people to administer agreements reached in the collective bargaining process. The best way to discuss collective bargaining is to approach each of these topics in order to round out the full spectrum of knowledge required to full understand and define collective bargaining with ease. In this paper, you will approach each of these complex topics with the intent of learning more about collective bargaining. The best approach is to begin by defining collective bargaining. Defining Collective Bargaining Collective bargaining is the process by which employers and a group of employees negotiate and agree upon the scope of employment relationships (wages, hours, working conditions, benefits, other employment terms). The employees are typically represented by a labor union in collective bargaining. In the US labor system, when collective bargaining leads to mutual agreement of the sides, the agreement terms become the basis of a Collective Bargaining Agreement (CBA) or union contract that is a legally enforceable. An example of collective bargaining is the negotiation agreement between the US Government and the American Federation of Government Employees who recently signed the first-ever collective bargaining agreement for it’s 45,000 Transportation Safety...
Words: 4334 - Pages: 18
...Chapter 10 Review introduction to contracts A contract is a promise that the law will enforce. Contracts are intended to make business matters more predictable. Analyzing a contract generally involves inquiring into some or all of these issues: 1. What is the subject of the agreement? • If the contract is for the sale of goods, UCC Article 2 governs. • If the contract is for services, employment, or real estate, the common law governs. 2. Did the parties intend to contract? • If the parties formally agreed and stated explicit terms, there is probably an express contract. • If the parties did not formally agree but their conduct, words, or past dealings indicate they intended a binding agreement, there may be an implied contract. 3. If there is an agreement, is there any reason to doubt its enforceability? • An unenforceable agreement is one with a legal defect, such as an oral agreement that the law requires to be in writing. • A voidable contract occurs when one party has committed fraud, giving the other party the right to terminate the agreement, or when one party lacks capacity to make the contract and may escape liability. • A void agreement means that the law will ignore the deal regardless of what the parties want, typically because the purpose of the deal is illegal. 4. If there is no contract, are there other reasons to give the plaintiff damages? • A claim of promissory estoppel requires that the defendant made a promise knowing that...
Words: 2562 - Pages: 11
...World War II and the years beyond that, the American government was in need of immigrants in order to get the economy going and to provide enough labor for the demand. Mexico was a neighbor country with lower wages, therefore an easier task for the government to deal with. The solution was to make a series of laws and political bilateral agreements with Mexico to import workers. But the Mexican Government was expected to lay down certain conditions for its approval of the American plan. Unregulated hiring of its citizens for employment abroad had been prohibited by Article 123 of the Constitution of 1917, which provided that such employment must be validated by local municipal authorities and by the employer’s consular representative, and on the basis of a formal contract, since American government had kicked out over 50,000 immigrants to Mexico due to the great depression. The demands for Mexican farm workers that were rejected by the United States Department of Agriculture and the Department of Justice in 1941 were happily established in the spring of the subsequent year. This program was called Emergency Farm Labor Program, popularly known as the Braceros Program; a name derived from the words “strong arms” in Spanish. Starting during World War II, it was one of the first legal guest workers program as a response to the labor shortages caused by the war and it encouraged many Mexican men to work in thousands of temporary jobs in the United States....
Words: 2220 - Pages: 9
... | | | |labor law intended to set the rules governing the legal and links related to the work done by a person for a fee for someone else , and under his| |guidance and his authority or supervision and control. | |For this branch of the law's impact on our economic and social life which makes it super economic and social importance. | |It is the economic labor law plays a role a great deal of risk in directing the economic life of a dangerous weapon in ensuring the safety of | |economic life to a large extent and that had to be on the street to use it efficiently investigation for economic considerations, which controls | |the society and change the efficiency in the use of labor laws It may worsen economic conditions. | |That targets the age of labor laws to ensure fair treatment of workers and decent living and this is too much intervention by the labor laws to | |determine fair wages or impose a minimum with which increases the purchasing power they represent the majority of community groups and therefore | |consumption movement affected there were much clearer. ...
Words: 2759 - Pages: 12
...industries. 2. A party's resistance point on a bargaining issue represents that point beyond which that party would prefer no settlement to settlement on unacceptable terms. 3. In labor negotiations, it is possible for both union and management negotiators to perceive they have been successful after completing contract negotiations. 4. Management would probably prefer centralized bargaining if it had three separate manufacturing facilities (bargaining units), each making the same product. 5. The proportion of an employer's total operating costs comprised of labor costs is termed the degree of labor intensiveness. 6. Bargaining power is more likely to be an important determinant of negotiated outcomes when the parties use a distributive bargaining approach or strategy. 7. Auto industry contract negotiations in 2007 represent an example of pattern bargaining. 8. Generally, high unemployment reduces the union's cost of disagreeing with management. 9. Smaller-sized (less than 10 individuals) bargaining teams are generally preferable to larger bargaining teams to enhance bargaining effectiveness. 10. "Voluntary" (also called permissive or non-mandatory) issues must be bargained over but agreement does not have to be reached. 11. Any failure to reach an agreement on contract language concerning a mandatory bargaining subject represents a violation of the duty to bargain in good faith. 12. Unions do not place upper limits on their bargaining ranges because...
Words: 1713 - Pages: 7
...industries. 2. A party's resistance point on a bargaining issue represents that point beyond which that party would prefer no settlement to settlement on unacceptable terms. 3. In labor negotiations, it is possible for both union and management negotiators to perceive they have been successful after completing contract negotiations. 4. Management would probably prefer centralized bargaining if it had three separate manufacturing facilities (bargaining units), each making the same product. 5. The proportion of an employer's total operating costs comprised of labor costs is termed the degree of labor intensiveness. 6. Bargaining power is more likely to be an important determinant of negotiated outcomes when the parties use a distributive bargaining approach or strategy. 7. Auto industry contract negotiations in 2007 represent an example of pattern bargaining. 8. Generally, high unemployment reduces the union's cost of disagreeing with management. 9. Smaller-sized (less than 10 individuals) bargaining teams are generally preferable to larger bargaining teams to enhance bargaining effectiveness. 10. "Voluntary" (also called permissive or non-mandatory) issues must be bargained over but agreement does not have to be reached. 11. Any failure to reach an agreement on contract language concerning a mandatory bargaining subject represents a violation of the duty to bargain in good faith. 12. Unions do not place upper limits on their bargaining ranges because...
Words: 1713 - Pages: 7
...laws require parties in public-sector labor relations to make contract negotiations open to the public. National Labor Relations Act/date (Wagner Act) Also known as the National Labor Relations Act of 1935, this act gave employees the right to form and join unions and to engage in collective bargaining. Ex. Wages, hours, and terms and conditions of employment National Labor Relations Board (NLRB) Consists of 5 members appointed by the president; Established to administer and interpret the Wagner Act, the NLRB has primary responsibility for conducting union representation elections. They only have remedial and not punitive powers. NLRB vs Bildisco & Bildisco/date 1984; The Supreme Court upheld a company’s right to file bankruptcy and have a labor contract nullified. Later legislation gives requirements for companies to set aside a labor agreement. Union busting an attempt by an employer to break and remove a trade union in order to secure a non-union workforce. Union avoidance Representation certification (RC) The election process whereby employees vote in a union as their representatives. Occurs once every 12 months. Representation decertification (RD) The election process whereby union members vote out their union as their representative. If majority of the members vote the union out, it’s gone. Injunction a court order to cease (stop) and desist (refrain from doing again) an activity. Yellow dog contract A contract that business forced job applicants...
Words: 960 - Pages: 4
...Abstract The purpose of this writing is to provide the reader with an overview of how unions operate in the United States. Trade or labor unions work to provide the best work atmosphere and conditions for employees of public and private agencies. Through processes of negotiations with employers and other management personnel, unions prove to be an effective mediator between the labor and executive officials. The paper analyzes three major unions: American Federation of Teachers (AFT), National Postal Mail Handlers Union, and the National Basketball Players Association. The reader is becomes oriented with the unions as this writing explains how they function in the best interests of its clients…the workers! The paper goes on to evaluate their roles in maintaining and increasing employee relations through matters of collective bargaining. From then it is does on to discuss obstacles or “challenges” that may arise when union officials and management personnel undergo the process of collective bargaining. In conclusion, there is an evaluation of measures such as privatization or contracting as an effective means of disbanding public employee unions. “Where trade unions are most firmly organized, there are the rights of the people most respected.” Samuel Gompers American Federation of Teachers (AFT): The American Federation of Teachers was founded in 1916 and now enjoys a membership of approximately 1.5 million persons....
Words: 2689 - Pages: 11
...IAFF became the voice of the firefighter, the protector of the protector. It is through collective bargaining that this labor union and the employer are able to negotiate the scope of the employment relationship; in turn, creating a safer working environment as well as a strong foundation for which the labor and management teams can use to strengthen their relationship. Collective bargaining generally includes negotiations between the two parties (employees’ representatives and employer’s representatives). Collective bargaining consists of negotiations between an employer and a group of employees that determine the conditions of employment. Often employees are represented in the bargaining by a union or other labor organization. The result of collective bargaining procedure is called the collective bargaining agreement or CBA. Collective agreements may be in the form of procedural agreements or substantive agreements. Procedural agreements deal with the relationship between workers and management and the procedures to be adopted for resolving individual or group disputes. This will normally include procedures in respect of individual grievances, disputes and discipline. Frequently, procedural agreements are put into the company rule book which provides information on the overall terms and conditions of employment and codes of behavior. A substantive agreement deals with specific issues; such as basic pay, overtime premiums, bonus arrangements, holiday entitlements,...
Words: 2596 - Pages: 11
...November 16, 2014 Labor code of Russian Federation The Russian Labor Code forms the basis of labor relations in Russia and outlines the rights of employees. The new Labor Code was adopted effective 1 February 2002. An employment contract (trudovye dogovory / трудовые договоры) for any type of employment (full-time, part-time, temporary or permanent) must always be in writing, with two original copies signed by both parties, and one kept by each party. If in exceptional cases a company admits an employee without a written contract, a contract should be prepared and signed within three days of admission. All contracts must be in both Russian and English to be accepted by a Russian court, and usually contain the following: * Name and contact details for the employer and the employee * Details of the position * Start date * Probation period * Salary and method of payment * Working hours * Holiday allowance * Social insurance and/or health care arrangements * Training and obligations for the employee * Work conditions * Confidentiality agreements, where relevant * Rights and obligations of both parties According to the Russian Labour Code, there are a number of main types of employment contracts for foreign nationals with a work visa: * Employment Contract according to Form TD-1 (Трудовой договор по форме ТД-1) or Employment Contract with Free Text (или Трудовой договор в свободной форме) – this is the most commonly used contract with no definite...
Words: 1127 - Pages: 5
...MG420 DL Labor Relations Research Assignment (Your name) (Date of submission) Instructor’s Name February 21, 2016 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of collective bargaining agreement. Collective bargaining is the act of negotiating employment conditions such as wages and roles between the employer and the employees. I researched collective bargaining and Funk & Wagnails New World Encyclopedia states, “The bargaining process is concerned with wages, working hours, fringe benefits, job security, and other matters relating to working conditions.”(2015) There are four issues that are mandatory components of collective bargaining agreement. The first issue is compensation. Compensation includes wages, fringe benefits, vacations, and holidays, shift premiums, and profit sharing. The second issue is personnel, policies, and procedures, which are layoffs, promotion, transfer policies, overtime, and vacation rules. The third issue is employee rights and responsibilities such as seniority rights, job standards, and workplace rules. Employer rights and responsibilities is the fourth issue and that includes management rights, just cause discipline and discharge subcontracting , and safety standards. Collective bargaining is needed and happening all over the world. An example of current events/acts of collective bargaining is what’s going on is Wisconsin right now. Wisconsin’s governor Scott Walker signed...
Words: 1940 - Pages: 8
...| LABOR RELATIONSBYGERALD HODGESLABOR RELATIONS FALB10 Sec ADEVRY UNIVERSITY14 JAN 20111. From the beginning labor relations has an issue for the United States. Labor Relations is the area that organizations have to deal with between employees and management. Union leaders can use to minimize conflicts between employers and employees (such as strikes) and seek agreements. Unions are organizations formed for the purpose of representing their members' such as employees to deal with their issues. In this paper, I will identify how unions and labor relations impact organizations. I have interview Clinton Harris a labor officer for his organization from Computer company in Virginia. He is in the Nation guard and is currently deployed here with me in Afghanistan. The typical functions of Clinton Harris the labor officer are to manage labor relations program of organization. He analyzes collective bargaining agreement to make sure both sides are fair in terms wages, hours of work, work environment, and health care by contracts. | Clinton Harris advice management about labor relation laws and also interpretation of labor relations policies and practices within the organization. He prepares reports, using records of actions taken concerning grievances, and identifies problem areas. He also monitors implementation of policies concerning wages, hours, and working conditions, to ensure compliance with terms of labor contract. Clint has to research information about additional...
Words: 1984 - Pages: 8
...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
Words: 22162 - Pages: 89
