Unit 4: Responsible Employment In Tourism


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Unit 4: Responsible Employment In Tourism

  2. 2. Unit outline Objectives By the end of the unit participants will be able to: • Describe the requirements for good employment and working conditions • Explain how to recruit & employ staff transparently • Describe how to create a diverse workforce • Explain the importance of how positions are advertised • List and describe the criteria for selecting new staff and the organisational human resources policies • Explain ways to implement skills training • Explain how to foster team commitment and co- operation Topics 1. The role and benefits of responsible employment in tourism 2. Applying responsible employment conditions 3. Instigating policies on gender equality and equal opportunity 4. Following responsible recruitment practices and supporting local employment 5. Providing appropriate skills training programmes 6. Developing responsible team commitment and cooperation
  4. 4. Defining responsible employment • Implementing labour standards that promote opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and dignity (ILO) • Ensures economic growth provides benefits for all • Balances employer and employee benefits Labor standards Equal opportunity Decent and productive work
  5. 5. Understanding labour standards • Basic principles and rights at work • Can be legally binding or recommended by respected organisations (e.g. ILO) • Key areas may include: – Freedom of association and right to collective bargaining – Elimination of forced or compulsory labour – Abolition of child labour – Elimination of discrimination in employment and occupation
  6. 6. Freedom of association & right to collective bargaining • The right to organise and form employers’ and workers’ organisations • Promotes good collective bargaining and generation of productive social dialogue • Demonstrated to result in labour market efficiency and better economic performance • Included in Vietnam Labor Code
  7. 7. Providing equal opportunity • In Vietnam it is illegal to discriminate based on gender, skin colour, ethnicity, beliefs • Discrimination often means capabilities and skills are not properly recognised • Equality should be achieved in relation to access to jobs and training, wage level, and access to certain occupations etc
  8. 8. Stopping forced or compulsory labour and child labour • May be traditional slavery or forced labour due to coercive recruitment • Child labour: – Hinders children’s development potentially leading to lifelong physical or psychological damage – Traps children and families in further poverty by limiting access to good education
  9. 9. Ensuring decent and productive work • Work methods • Supportive team • Work hours • Health and safety • Breaks • Access to good equipment • Training and advancement • Others?
  10. 10. Key benefits of implementing responsible employment in tourism • Improvements in productivity and economic performance • More satisfied workers and lower staff turnover • Better trained workforce and higher employment levels • Reduction in costly accidents and health care fees • Enhanced innovation from staff
  12. 12. Applying responsible employment conditions 1. Understand and follow Vietnamese labor laws 2. Develop & implement good employment contracts 3. Pay minimum wage or higher 4. Provide industry accepted employment benefits 5. Provide incentives and bonuses 6. Provide an adequate work space
  13. 13. 1. Understand and follow Vietnam’s labor laws • Labor Code • Government decrees, ministerial circulars and decisions, provincial decisions and guidelines • Collective labor agreements, company rules, individual contracts • Supreme Court’s annual practice summaries and guidelines
  14. 14. Key contents of the Vietnam Labor Code HIRING THE EMPLOYEE Main Sources of Employment Law Special Hiring Considerations - Hiring Non-Nationals - Hiring Specified Categories of Individuals - Outsourcing and/or Subcontracting Basic Employment Terms - Working Hours and Rest Hours - Wages - Working Place/Location - Duration of the Contract - Conditions on Occupational Safety and Hygiene Social Insurance and Leave - Sick Leave - Maternity Leave - Accidents at Work - Pension Plans Noncompulsory Contract Terms - Absence for Military or Public Service Duties - Trial Period - Training Obligations - Secrecy/Confidentiality - Ownership of Inventions and Other Intellectual Property Rights MAINTAINING THE EMPLOYMENT RELATIONSHIP Employee Rights - Harassment/Discrimination/Equal Pay - Work Councils or Trade Unions - Employees’ Right to Strike - Employees on Strike MODIFYING THE EMPLOYMENT RELATIONSHIP Changes to the Contract - General Provisions - Change in Ownership of the Business Employment Disputes - Discipline and Grievance - Offsetting Earnings - Forums for Adjudicating Employment Disputes TERMINATING THE EMPLOYMENT CONTRACT Procedures for Terminating the Agreement Types of Termination - Employee’s Resignation - Instant Dismissal - Termination on Notice - Termination by Reason of the Employee’s Age - Automatic Termination in Cases of Force Majeure - Termination by Parties’ Mutual Agreement Special Considerations - Directors or Other Senior Officers - Special Rules for Categories of Employees - Specific Rules for Companies in Financial Difficulties - Restricting Future Activities Severance Payments - Special Tax Provisions and Severance Payments - Allowances Payable to Employees after Termination - Time Limits for Claims Following Termination
  15. 15. Relevant decrees and circulars to employment DECREE / CIRCULAR NUMBER DETAILS 2013-06-19 (VNM-2013-R-94441) Decree No. 60/2013/ND-CP of June 19, 2013 Details clause 3, Article 63 of the Labour Code regarding the implementation of regulations on grassroots democracy at workplace. 2013-06-11 (VNM-2013-L-94586) Circular No. 11/2013/TT-BLDTBXH Promulgates the list of light tasks permitted for persons under 15 years old. 2013-06-10 (VNM-2013-M-94440) Circular No. 08/2013/TT-BLDTBXH of 10 June 2013 Guides the Government's Decree No. 46/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labour Code regarding labour disputes. 2013-06-10 (VNM-2013-M-94648) Circular No. 10/2013/TT-BLDTBXH Promulgates the list of jobs and workplaces prohibited to young workers. 2013-05-22 (VNM-2013-R-94450) Decree No. 55/2013/ND-CP of May 22, 2013 Details the implementation of Clause 3, Article 54 of the Labour Code regarding licensing of Labour Lease, payment of deposits and the list of jobs allowed for labour lease. 2013-05-14 (VNM-2013-R-94448) Decree No. 49/2013/ND-CP of May 10, 2013 Details a number of articles of the Labour Code regarding wages. 2013-05-14 (VNM-2013-R-94449) Decree No. 50/2013/ND-CP of May 14 2013 Provides the management of employment, wages and bonuses for employees working in state- owned one-member limited liability companies. 2013-05-10 (VNM-2013-R-94445) Decree No. 45/2013/ND-CP of May 10, 2013 Details a number of articles of the Labour Code on working time, rest time and occupational safety and hygiene. 2013-05-10 (VNM-2013-R-94446) Decree No. 46/2013/ND-CP of May 10, 2013 Details a number of articles of the Labour Code regarding labour disputes. 2013-05-10 (VNM-2013-R-94447) Decree No. 44/2013/ND-CP of May 10, 2013 Details a number of articles of the Labour Code regarding labour contracts. 2013-05-08 (VNM-2013-R-94442) Decree No. 41/2013/ND-CP of May 8, 2013 Details the implementation of the Labour Code's Article 220 on the list of employing units in which strikes are prohibited and settlement of demands of employees' collectives in these units.
  16. 16. 2. Develop and implement good employment (“labour”) contracts • Employment contracts: – Are an agreement between the employee and the employer on a paid job specifying work conditions and the rights and obligations of each party – Provide greater security for employees and employers by specifying the full terms of staff employment and the roles and responsibilities of each – Must be written for all jobs lasting longer than 3 months (excluding domestic helper work).
  17. 17. The 3 types of employment contracts in Vietnam In Vietnam, there are 3 types of labour contract with each designed for different periods of employment: CONRACT TYPE DURATION Indefinite-term labor contract No fixed period Fixed-term labor contract 12 – 36 months Labor contract for a specific or seasonal job Less than 12 months
  18. 18. The key requirements of employment contracts EMPLOYMENT CONTRACTS Name and address of employer Name, date of birth, gender, residence, ID number of employee Work and working location Contract periodSalary, method of payment and other additional pays Grade and salary increase regime Working hours including breaks
  19. 19. 3. Pay minimum wage or higher REGION LOCATIONS MINIMUM WAGE* (MONTH) Region I Urban Ha Noi, Haiphong and HCM City, Dong Nai, Binh Duong, Vung Tau 2.700.000 VND Region II Rural Ha Noi, Haiphong and HCM City. Urban cities of Hai Duong, Hung Yen, Vinh Phuc, Bac Ninh, Can Tho, Da Nang… 2.400.000 VND Region III Other provincial cities and the districts of Bac Ninh, Bac Giang, Hai Duong, and Vinh Phuc, Phu Tho… 2.100.000 VND Region IV Remaining localities 1.900.000 VND * Current 1 January 2013 The minimum wage in Vietnam is:
  20. 20. The benefits of paying above minimum wage • Increases morale • Reduces turnover • Fosters quality • Provides motivation
  21. 21. 4. Provide industry accepted employment benefits Annual leave and public holidays Absence for military or public service duties Social insurance and leave Sick leave Maternity leave Proper response to accidents at work Pension plans
  22. 22. 5. Provide incentives and bonuses Examples of incentives and bonuses: • Staff retreat: sponsored reward for all staff (often annual) • Paid holiday: awarded to high performing staff (competitively) • Pay bonuses: monetary reward for all staff for their work by the end of the year
  23. 23. Bonus plan vs. incentive plan
  24. 24. 6. Provide an adequate work space Providing an adequate work space refers to: • Employers providing safe and hygienic working conditions; and • Employees following the workplace policies and procedures on health and safety
  25. 25. Obligations of employers vs. employees in maintaining a safe workplace environment EMPLOYER Adequate furniture, lightning, information & communication technology, ventilation, noise, heat, maintenance, safety & hygiene guidelines EMPLOYEE Comply with regulations, procedures & rules on safety & hygiene, use & maintain equipment, report potential or occupational accidents
  27. 27. Defining gender equality and equal opportunity in the workplace • Both men and women receive the same conditions in regard to recruitment, utilisation, wage, and wage increase. GENDER EQUALITY • All employees have the right to work without being discriminated against based upon gender, race, social class, marital status, belief, and religion. EQUAL OPPORTUNITY
  28. 28. Additional prohibited practices • Maltreatment of employees • Coercive labour • Exploiting vocational training • Using untrained employees • Deceitful enticing and advertising to cheat employees • Illegally using underage labour
  29. 29. Conditions for achieving gender equality in the workplace GENDER EQUALITY Rewards, resources and opportunities Remuneration Participation Access to occupations and industries Leadership
  30. 30. Why gender equality? • To be a fair employer  • To increase profitability and productivity • To attract top talent  • To reduce expenses  • To get better work performance • To improve national productivity and competitiveness  • To reduce wasted resources
  31. 31. Combatting child exploitation in tourism • 13-19 million children under 18 yrs working in tourism* • Common in hotels, restaurants • Exposure to physical and moral hazards • Underlying issues poverty, limited education, globalisation GLOBAL ACTIONS: •International conventions •UNWTO guidelines and global code of ethics •Tourist industry codes of conduct NATIONAL ACTIONS: •Ratify international conventions •Laws and enforcement •Free compulsory education for all •Information to tourists •Social protection for poor families LOCAL ACTIONS: •NGO / local projects •Awareness raising, lobbying •Unionisation of workers
  33. 33. Key elements of responsible recruitment 1. Develop clear and accurate position description 2. Employ a transparent and fair approach to advertising 3. Apply clear and relevant criteria in selection
  34. 34. 1. Develop clear and accurate position (“job”) descriptions Written statement explaining: • Why a job exists; • What the job holder actually does; • How they do it; and • Under what conditions.
  35. 35. The importance of job descriptions Discipline
  36. 36. What should be included in a good position description? JOB DESCRIPTION Job title Reporting line Salary (and benefits) Hours Location Purpose of the position Key responsibilities and duties Academic or trade qualifications Work experience Skills required
  37. 37. 2. Employ a transparent and fair approach to advertising • Unfair or unrealistic conditions for the position may create unfair bias on candidates • Poorly written content may result in poor response rate, wrong type of applicants or incorrect candidate expectations • Inappropriate advertising channels or methods may affect the ability for candidates to apply
  38. 38. Ways to be transparent and fair when advertising jobs • Application deadlines allow sufficient time for respondents to applyTiming • Clearly stated and sympathetic to local workforceEligibility criteria • Advertised locally as well as abroadPromotion • Does not discriminateContent
  39. 39. Requirements for a good job advertisement JOB ADVERTISEMENT Position title Salary and benefits Company logo Position description Applications deadline Further information / enquiries Application process
  40. 40. Example of a good job advertisement
  41. 41. 3. Apply clear and relevant criteria in selection • Identifies the critical skills, knowledge, qualification s, qualities, and experience required • Used for developing interview questions, evaluating and shortlisting applicants • Must reflect the content of the job description • Must be decided upon and weighted before applications are reviewed
  42. 42. Examples of selection criteria “Proven experience in delivering a strong client focused service (Essential)” “Excellent written communication skills, including the demonstrated ability to compile reports (Essential)” “Demonstrated ability to work independently under general direction (Desirable)”
  43. 43. Example of weighted selection criteria SELECTION CRITERIA WEIGHTING FACTOR Experience in customer service 10% Excellent written communication skills 5% Demonstrated ability to work independently 15% Relevant tertiary qualifications 20% 25% 10% 15%
  44. 44. Why support local employment? • To be a good member of the community • To use a skilled workforce that is already here, ready and waiting • To encourage development of local economy / reduce economic leakage
  45. 45. How to support local employment • Incorporate local knowledge and living locally as preferences in job descriptions and job advertisements • Ensure key selection criteria reflect typical education and skills of local workforce • Provide comprehensive workplace training programmes to help fill knowledge or skill gaps • Be committed to working to develop staff skills over time
  47. 47. The role and importance of providing employee skills training programmes • Gives information and skills needed according to standards • Fills knowledge and skills gaps • Improves employee performance and confidence • Better ensures consistency in work processes and outputs  • Generates greater employee satisfaction
  48. 48. The 2 main types of workplace training 1. Induction training 2. Ongoing skills training
  49. 49. 1. Provide an induction training programme • Overview of job, timescales and expectations • Overview of workplace • Introduction to other staff • Overview of organisation’s mission, goals, values and philosophy • Expectations in commitment to achieving responsible tourism
  50. 50. Incorporating responsible tourism into induction training Discuss the company’s policies and expectations of the new staff member in relation to : – Non-discrimination – Sexual harassment – Business ethics – Diversity – Managing conflict – Customer service – Workplace safety – Environmentally- and socially-friendly principles and activities of the organisation
  51. 51. 2. Ongoing skills training • Formal training in skills capacity related to the occupation and needs of the employee • Part of a formal organisational training plan that identifies: – Requirements of the training for the company – Current skills of the workforce and needs in the future – Available resources for training – Appropriate approaches for training – Training opportunities
  52. 52. Key steps in developing a skills training programme using A-D-D-I-E Design Develop Implement Evaluate Analyse Learning problem Goals and objectives Audience’s needs Existing knowledge Learning environment Constraints Delivery options Project timeline Instructional Design Strategy Delivery method Training structure and duration Evaluation methodology Create prototype Develop training materials Desktop review Run training pilot Training schedule Print and prepare training material Prepare trainers Notify learners Launch training Collect training evaluation data Review training effectiveness Assess project performance Report performance results
  54. 54. The importance of team commitment and co- operation to achieve responsible tourism • Simply instituting a responsible tourism action plan is not enough to generate results • Employees bridge the gap between the company’s sustainability goals and the realisation of those goals • Commitment must be personal and day-to-day
  55. 55. Benefits of team commitment in responsible tourism activities • Helps engender employee pride in the organisation • Raises awareness and educates about the sustainability issue itself • Leads to more widespread understanding and support of positive practices in sustainability • Can foster customer support to the cause
  56. 56. Fostering team commitment tourism through responsible tourism action planning 1. Analyse the social, environmental and economic situation 2. Review and prioritise issues 3. Develop action plan for each intervention 4. Implement activities 5. Monitor, evaluate, adjust
  57. 57. How to gain and maintain commitment to responsible tourism objectives Include staff in selecting goals and actions Assign project leaders Raise awareness about key sustainability issues Develop a staff code of conduct Keep communication open & provide ongoing support Inform and celebrate success
  58. 58. Team commitment example 1: AT&T and Do One Thing As a part of its corporate social responsibility programme, AT&T asked employees to start an individual or team project to make one small change of their choice in order to help their company or themselves become more sustainable and socially responsible. Some employees chose to walk or bike to work rather than drive, while others chose to invite students to shadow them on the job. Giving employees the opportunity to choose where to make a change not only helped participants engage with their communities in meaningful ways but also resulted in a reduction to the company’s total carbon footprint.
  59. 59. Gaining team commitment example 2: PNC and paid volunteering PNC is part of a growing trend where employers allow paid time off for staff volunteering. However, unlike many of their peers, PNC doesn’t just simply plan an annual park clean-up or trip to a soup kitchen, instead, employees can choose from a list of over 200 organisations for which they can volunteer and are provided with an allowance of paid time off to volunteer.
  60. 60. Xin trân trọng cảm ơn! Thank you!