Premium Essay

Labor Law Code

In:

Submitted By chauthanh1993
Words 26912
Pages 108
NATIONAL ASSEMBLY -------Law No. 10/2012/QH13

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 or in one division under the organizational structure of the employer. 4. The internal labor representative organizations are the executive board of the internal Union or the executive board of the direct superior Union if the internal Union has not been established 5. The employer representative organizations are organizations legally

Similar Documents

Free Essay

Mexicana Wire Works

...Managing Operations is Sound Prioritization: The Mexicana Wire Works Case A case report presented to the faculty of the Master of Business Administration Far Eastern University In partial fulfilment of the requirements In Quantitative Analysis Submitted To: Professor Willy Cuason Submitted By: Jeancy Dela Rosa Joan Eclipse Gerra Lanuza Mark Nimeno Timmyleh Pocong Jerome Tumambing June 03, 2014 I. Case Background Mexicana Wire Winding, Inc. is a subsidiary of Westover Wire Works based in Texas which is a medium-sized producer of wire windings of electrical transformers. Ron Garcia is the new management trainee, who studied operations management in his MBA program but lacks any technical knowledge about the manufacturing process. He is tasked to help the company in solving the increase in booking orders for April.There will be new equipments coming in the next several months but these won‘t help them fill the April orders. (Render & Stair, 2012) To better understand the case the group researched on the sequence on how to produce wire windings as discussed in the case: 1. “Wire Winding- the metalworking process used to reduce the cross-section of a wire by pulling the wire through a single, or series of, drawing die(s). There are many applications for wire drawing, including electrical wiring, cables, tension-loaded structural components, springs, paper clips...

Words: 1406 - Pages: 6

Free Essay

Code

...States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate Chapter 8. The Limits in Open Code PART III: LATENT AMBIGUITIES 83 120 138 Chapter 9. Translation Chapter 10. Intellectual Property Chapter 11. Privacy Chapter 12. Free Speech Chapter 13. Interlude PART IV: COMPETING SOVEREIGNS 157 169 200 233 276 Chapter 14. Sovereignty Chapter 15. Competition Among Sovereigns 281 294 PART V: RESPONSES Chapter 16. The Problems We...

Words: 190498 - Pages: 762

Free Essay

Knowledge Portfolio on Job Analysis

...THE BANGLADESH LABOR LAW 2006 AND 7 GENERAL CODES OF CONDUCT By Ameena Chowdhury Hanna Denecke Dhaka, October 21, 2007 PROGRESS (promotion of social, environmental and production standards in the ready-made garment sector) is a joint program of the Bangladesh Ministry of Commerce and the German Federal Ministry of Economic Cooperation and Development (BMZ), implemented by GTZ. Executive Summary The Readymade Garment (RMG) sector in Bangladesh is a highly export oriented sector and therefore extremely volatile to requirements of international buyers. Since the adherence to international social standards has become a mandatory requirement in the international business arena, the local suppliers have to be compliant to these standards in order to remain in business. There have been some significant revisions to the Bangladesh Labor Law in 2006. This newly revised law already covers a lot of the common standards like employment conditions, occupational health and safety issues as well as the ILO core labor standards. Besides being complaint to the national labor law, the suppliers must also adhere to the international standards. These international standards may be defined through their individual buyers’ codes of conduct or general codes of the conduct. Compliance to the buyers’ codes of conduct is mandatory but compliance to the general codes of conduct is...

Words: 15237 - Pages: 61

Premium Essay

Right to Self-Organization

...and answer portion with the class: i. What comes to your mind when you hear the word Self-organization? ii. Do you apply it with yourselves? II. Introduction: Right to Self-organization Legal Aspect Labor and Worker's Rights ARTICLE XIII: Social Justice and Human Rights Labor Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. RIGHT TO SELF-ORGANIZATION What is Right to Self-organization? All persons employed...

Words: 1755 - Pages: 8

Free Essay

Labor Code Awareness

...Labor Code: Knowledge Level Among Employees and Managers of Selected Cooperatives in Aklan An Undergraduate Thesis Presented to the Faculty of the College of Business and Management West Visayas State University La Paz, Iloilo City In Partial Fulfillment of the Requirements for the Degree Bachelor in Cooperatives Management by Lady Cristy O. Estanislao Lyzette Z. Zaspa March 2014 Chapter 1 Introduction to the Study Chapter 1 is divided into five parts: (1) Background and Theoretical Framework of the Study, (2) Statement of the Problem and the Hypothesis, (3) Significance of the Study, (4) Definition of Terms, and (5) Delimitation of the Study. Part One, Background and Theoretical Framework of the Study, gives the overview of the research problem and the theories upon which and the research problem is anchored. Part Two, Statement of the Problem and Hypothesis, identifies the main problems, which the study hoped to answer and hypothesis to be tested. Part Three, Significance of the Study, presents the possible contributions and the specific applications and knowledge that will be gained from the results of the study. Part Four, Definition of Terms, contains the conceptual and the theoretical definition of key terms to be used in the study. Part Five, Delimitation of the Study, specifies the scope and coverage of the study. Background and Theoretical Framework of the Study Labor rights is a very broad issue, however it can be simplified as the protection and respect of...

Words: 7112 - Pages: 29

Premium Essay

Employment Rights

...an employee. B. Affective: Develop a better understanding of the rights of the employee. C. Psychomotor: Apply the concepts to real-life situations and work conditions and be guided by the knowledge acquired in developing good corporate governance policies relating the rights of the employees. Definition of terms: Authorized Causes refers to the grounds of dismissal s to the grounds of dismissal that are allowed by law on grounds of business or organizational necessity (Atienza, 2004). Casual Employment refers employment which is neither regular, nor for a fixed period nor seasonal (Labor Code). It is one where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer, and such ob, work or service, is for a definite period made known to the employer at the time of the employment (Omnibus Rules Implementing the Labor Code). Constitution refers to the standard of validity for all acts, both public and private. It is a written instrument that serves as the fundamental or supreme law of the land (Carmelo, 2005). Corporate Governance refers to a system whereby shareholders, creditors and other stakeholders of a corporation ensure that management enhances the value of the corporation as it competes in an increasingly global market place (De Leon, 2008). Fixed-term/Project/Seasonal Employment refers to engagement of employees for fixed period or specific project or undertaking the...

Words: 5641 - Pages: 23

Premium Essay

Apple

...Apple Supplier Code of Conduct Apple is committed to ensuring that working conditions in Apple’s supply chain are safe, that workers are treated with respect and dignity, and that manufacturing processes are environmentally responsible. Apple’s suppliers (“Suppliers”) are obligated, in all of their activities, to operate in full compliance with the laws, rules, and regulations of the countries in which they operate. This Supplier Code of Conduct (“Code”) goes further, drawing upon internationally recognized standards, in order to advance social and environmental responsibility. Apple requires that Suppliers implement this Code using the management systems described below. The Apple Supplier Code of Conduct is modeled on and contains language from the Electronic Industry Code of Conduct. Recognized standards such as International Labour Organization Standards (ILO), Universal Declaration of Human Rights (UDHR), Social Accountability International (SAI), and the Ethical Trading Initiative (ETI) were used as references in preparing this Code and may be useful sources of additional information. A complete list of references is provided at the end of this Code. As an extension of the Code, Apple maintains a series of detailed Standards that clarify our expectations for compliance. Labor and Human Rights Suppliers must uphold the human rights of workers, and treat them with dignity and respect as understood by the international community. Antidiscrimination Suppliers...

Words: 2593 - Pages: 11

Free Essay

Human Capital

...This week I have developed an employment law compliance plan to assist you and your firm Landslide Limousines in satisfying the laws set forth by the United States as well as your home state of Texas. Along with bringing said laws to your attention, I will also include the consequences of failing to comply with them. The following are the most important employment laws that I feel are relevant to you and your company. Texas Payday Law: Payday Law deals with every size of company and states information about “payment delivery, pay periods, compensable time, deductions from wages, how to claim unpaid wages, how to withdraw a wage claim, wage claim determination, appeals and collections”. (Chapter 61 Labor Code) I think the most relevant articles in regards to you and your firm from these sets fall under SUBCHAPTER B. PAYMENT OF WAGES. According to "Texas Labor Code: Chapter 61" (2014), “Sec. 61.011. PAYDAYS. (a) An employer shall pay wages to each employee who is exempt from the overtime pay provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) at least once a month. (b) An employer shall pay wages to an employee other than an employee covered by Subsection (a) at least twice a month. (c) If wages are paid twice a month, each pay period must consist as nearly as possible of an equal number of days. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.” Consequence of failing to pay your workers their wages in a timely manner...

Words: 1450 - Pages: 6

Premium Essay

Develop a Revised Code of Conduct

...A corporate code of conduct is called a code of ethics or corporate compliance. A code of conduct is the core of a company’s internal foundation. It can motivate the workforce and give them a common framework and regulations on how to perform their jobs within the company’s vision. It is valuable to have a document that speaks to a company’s values and gets all employees on the same page, so to speak. Further, in a large company with employees in different locations, maybe even different countries, a code of conduct can bridge the ethical gaps. Wal-Mart’s own Code of Conduct was developed in 1992, arguably in reaction to the sweatshop allegations involving clothing manufactured as part of the Kathie Lee Gifford clothing line (Kenny, 457). At its beginning, the Code was to apply to all suppliers both nationally and internationally. The Code of Conduct was meant to be incorporated into its supply contracts with foreign suppliers. Although the Code has undergone numerous revisions since 1992, all of the versions claim to extend fundamental rights to workers in Wal-Mart supplier factories (Kenny, 458). On September 13, 2005, for example, workers from China, Bangladesh, Indonesia, Swaziland, and Nicaragua sued Wal-Mart in Superior Court in Los Angeles for breach of contract as third-party beneficiaries to Wal-Mart Stores, Inc.’s supply contract with garment factories located in those respective countries. The suit, brought by the International Labor Rights Fund (ILRF)...

Words: 889 - Pages: 4

Premium Essay

Briefing the Cost Club Senior Regional Staff

...Briefing the Cost Club Senior Regional Staff Alvin M. Johnson Human Resource Law HRM/546 November 16, 2015 Thomas Hartnett Briefing the Cost Club Senior Regional Staff This handout is intended to explain the five key regulatory areas Cost Club must adhere to. Following is a list of those areas: Employee Privacy, Employee Unions, Occupational Safety and Health Administration (OSHA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA). Employee Privacy Federal Law – General Privacy Laws * Driver’s Privacy Protection Act of 1994 – 18 U.S. Code 2721. This law limits disclosures of personal information maintained by the Department of Motor Vehicles. * Electronic Communications Privacy Act of 1986 – 18 U.S. Code sections 2510-2522, 2701-2711, 3121, 1367. This law amends the federal wiretap law to cover different types of electronic communications i.e. e-mail, radio-paging devices, cell phones, private communications carriers, and computer transmissions and extends ban on interception to the communications of wire or electronic communication services and restricts access to stored wired and electronic communication/transaction records. * Family Education Rights and Privacy Act of 1974 (FERPA) – 20 U.S. Code section 1232g. This law restricts the disclosure of educational records. * Fair Credit Reporting Act (FCRA) – 15 U.S. Code sections 1681-1681u. This law promotes accuracy, fairness, and privacy of information gathered by credit...

Words: 1333 - Pages: 6

Premium Essay

Communication

...China Labor Watch 147 W 35 TH Phone: 212-244-4049 Fax: 212-244-4146 E-mail: clw@chinalaborwatch.org ST STE 406 New York, NY 10001 Code of Conduct is No More than False Advertising, Disney Suppliers Continue Exploiting Chinese Workers By China Labor Watch November 10, 2010 While every effort will be made to keep the materials accurate and up-to-date, China Labor Watch is not personally responsible for accuracy and currency. This report contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this report. SOME RIGHTS RESERVED. 2010 Content Summary.......................................................................................................................................................................3 Yiuwah Accident .........................................................................................................................................................3 Disney Consumer Products .........................................................................................................................................4 “Cut and Run” ..............................................................................................................................................................5 Establishment of “Code of Conduct” .........................................................................................................................6 Production...

Words: 6901 - Pages: 28

Free Essay

Tannery of Bangladesh

...Executive Summary The main purpose of this term paper is to provide an insight view of the condition of the workers working in one of the major industries of Bangladesh. The comparison is totally centered on the Bangladesh Labor code, 2006. The focus of this report is mainly on the wages and payments, working hours and leaves, maternity benefits, welfare, employment of adolescent regarding the Bangladesh Labor Code, 2006. This paper will provide a brief view of the Labor code as well as its implication and application in different situation. It will also explain how the workers are deprived of their legal rights and how the industries consciously violating the Labor code. The comparative analysis shows that only a few numbers of visited tanneries covers the majority of the labor code. Most of the companies as well as the workers are unaware of the labor code and the rights and limitations provided on the labor code. So the workers are constantly deceived of their rights in these industries. The revision on the Bangladesh labor code in 2006, covers a lot of the common standard issues like environmental condition, health and safety, as well as wages and working hours. This revision complies with international standards and ensuring the implication of these codes, our industries will definitely attract foreign market. Introduction In Bangladesh the leather industry is well established and ranked fourth in terms of earning foreign exchange. In consideration of being a value added...

Words: 4059 - Pages: 17

Premium Essay

The Essence of Evolutionary Spirt

...Microsoft Supplier Code of Conduct Microsoft aspires to be more than just a good company—it aspires to be a great company. Toward that goal, we are committed to our mission of helping people and businesses throughout the world realize the highest levels of productivity and success. Achieving our mission isn’t just about building innovative technology. It’s also about who we are as a company and as individuals, how we manage our business internally, and how we work with customers, partners, governments, communities, and suppliers. Through the Standards of Business Conduct (www.microsoft.com/mscorp/legal/buscond), Microsoft has established company standards that include ethical business practices and regulatory compliance. These standards apply to all Microsoft employees, directors, and officers. Similarly, Microsoft expects its suppliers to embrace this commitment to integrity by complying with and training its employees on the Microsoft Supplier Code of Conduct. COMPLIANCE WITH THE SUPPLIER CODE OF CONDUCT Suppliers and their employees, agents, and subcontractors (collectively referred to as “Suppliers”) must adhere to this Supplier Code of Conduct while conducting business with or on behalf of Microsoft. Suppliers must promptly inform their Microsoft contact (or a member of Microsoft management) when any situation develops that causes the Supplier to operate in violation of this Code of Conduct. While Microsoft Suppliers are expected to self-monitor and demonstrate their...

Words: 2379 - Pages: 10

Free Essay

Ethical Dilemma

...they are to be models dressed specifically to draw attention to the company booth. Examine the facts. The first relevant fact is that the company is an American company operating abroad. This means that they are still governed by U.S labor laws but also must abide by the Russian laws that apply as well. Another question would be whether or not the proposed “model” would be a Russian women employed from the local resources, or an American citizen. This is an important fact as the federal discrimination statutes have limited extraterritorial application. “Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, color, religion, sex or national origin, previously stated that “Aliens working for U.S. companies abroad are not covered by the Act...But, U.S. citizens working abroad are protected,” however, “this was amended in 1991 to include a ‘foreign laws defense,’” which states that “an employer may escape Title VII liability for discrimination against a U.S. citizen employed abroad by a U.S. company” ("Application of U.S. Employment Laws to Workers Employed Abroad | Gentry Locke Rakes & Moore", 2006). While it seems that U.S. law allows for this occurrence, Article 3 of Russian labor code states that “No one can…get any advantages irrespective...

Words: 909 - Pages: 4

Free Essay

Strategic Management

...Supplier Code of Conduct Research In Motion (“RIM”) is committed to conducting its business in accordance with the applicable laws and regulations of the countries in which RIM operates and in accordance with internationally recognized industry standards of business ethics and social and environmental responsibility. This commitment to corporate responsibility extends to our supply chain. We expect our suppliers (“Suppliers”) to comply with the applicable laws and regulations of the countries in which they operate and to conduct their operations in an ethical, socially and environmentally responsible manner and in accordance with this RIM Supplier Code of Conduct (the “Code”) (or its equivalent) and the standards that it references. In selecting and retaining Suppliers, RIM will take into consideration whether a Supplier can in an open and objective manner demonstrate its active pursuit of compliance with the Code. Should a Supplier fail to demonstrate commitment to the Code or fail to implement appropriate corrective actions to improve performance, RIM may choose to suspend making purchases from the Supplier, or terminate its relationship with that Supplier on the basis of contractual breach. The Code is a statement of certain fundamental principles and standards that RIM intends its Suppliers to follow in their conduct of business with RIM. It is not intended to, nor does it, create or transfer any rights (including, without limitation, any intellectual property rights) in...

Words: 2438 - Pages: 10