1) The document provides training on Vietnam Labor Law regarding labor contracts, working hours, wages, benefits, and other labor topics.
2) It aims to give assessors a clear understanding of some technical points in the law to ensure consistent practices and alignment within the assessment team.
3) The training is divided into multiple parts covering topics such as recruitment, employment contracts, working hours, wages, overtime calculation, downtime practices, and special protections for certain worker groups.
The document summarizes Philippine labor laws regarding the training and employment of apprentices and learners. It defines apprenticeship as practical training supplemented by theoretical instruction for highly skilled occupations, lasting 3-6 months. Learnership refers to training for non-apprenticeable semi-skilled jobs lasting less than 3 months. The key requirements for apprenticeship and learnership agreements and programs are outlined.
The document summarizes key points from a presentation on strategic use of employment contracts. It discusses why organizations should use contracts for all employees, not just management. Customizing contracts to different roles and keeping them up to date is important. Considerations like probation periods, termination clauses, restrictive covenants, and policies to protect the employer were covered. Common myths about employment law were also addressed.
This document summarizes key employment and labour legislation in Trinidad and Tobago. It discusses contracts of employment and service, types of employment contracts, recourse for employees, characteristics that distinguish employees from independent contractors, the Industrial Relations Act, the Truck Ordinance, foreign labour contracts, trade disputes, retrenchment and severance benefits, minimum wages, national insurance amendments, the Maternity Protection Act, the Equal Opportunity Act, and the proposed Occupational Safety and Health Bill. The presentation provides an overview of the legislation and highlights important impacts, definitions, rights, and changes contained within them.
On Tuesday 18 February, the Lower House of the Dutch Parliament passed the legislative proposal for the Work and Security Act by a significant majority. However, a number of amendments were made which will have profound implications for the legislative proposal.
In light of the aforementioned developments, AKD has drawn up a summary of the eleven main changes and the consequences they will have for employers.
Update after adoption of legislative proposal by the Dutch Parliament
1. Modification of dual system
2. Terminating an employment contract for a definite period of time
3. Transition fee
4. Settlement Agreement
5. Professional development obligation
6. Chain Regulation (Ketenregeling)
7. Trial period under a temporary contract
8. Non-competition Clause
9. Successive term of employment
10. Risk rules
11. Unemployment Act
This document discusses the future of loaded rates in enterprise agreements under Australian workplace relations laws. It provides an overview of enterprise bargaining, the better off overall test (BOOT) that agreements must pass, trends towards loaded rates that incorporate penalty rates and allowances into a single pay rate, and recent cases that have addressed loaded rates. The document indicates loaded rates agreements will remain part of bargaining but each employee must genuinely be better off rather than just the majority. It also notes challenges applying the BOOT to casual employees and the approach of Queensland industrial tribunals.
This document is a standard labor contract between an employer and employee in China. It outlines the following key points in 3 sentences:
The contract establishes an employment relationship between [EMPLOYER NAME] and [EMPLOYEE NAME] for [CONTRACT TERM] years in the role of [JOB TITLE]. It defines the employee's salary, working hours and conditions, benefits, grounds for termination by either party, and procedures for resolving disputes. The contract must be verified by the local labor bureau within 30 days of signature by both parties.
The document summarizes Philippine labor laws regarding the training and employment of apprentices and learners. It defines apprenticeship as practical training supplemented by theoretical instruction for highly skilled occupations, lasting 3-6 months. Learnership refers to training for non-apprenticeable semi-skilled jobs lasting less than 3 months. The key requirements for apprenticeship and learnership agreements and programs are outlined.
The document summarizes key points from a presentation on strategic use of employment contracts. It discusses why organizations should use contracts for all employees, not just management. Customizing contracts to different roles and keeping them up to date is important. Considerations like probation periods, termination clauses, restrictive covenants, and policies to protect the employer were covered. Common myths about employment law were also addressed.
This document summarizes key employment and labour legislation in Trinidad and Tobago. It discusses contracts of employment and service, types of employment contracts, recourse for employees, characteristics that distinguish employees from independent contractors, the Industrial Relations Act, the Truck Ordinance, foreign labour contracts, trade disputes, retrenchment and severance benefits, minimum wages, national insurance amendments, the Maternity Protection Act, the Equal Opportunity Act, and the proposed Occupational Safety and Health Bill. The presentation provides an overview of the legislation and highlights important impacts, definitions, rights, and changes contained within them.
On Tuesday 18 February, the Lower House of the Dutch Parliament passed the legislative proposal for the Work and Security Act by a significant majority. However, a number of amendments were made which will have profound implications for the legislative proposal.
In light of the aforementioned developments, AKD has drawn up a summary of the eleven main changes and the consequences they will have for employers.
Update after adoption of legislative proposal by the Dutch Parliament
1. Modification of dual system
2. Terminating an employment contract for a definite period of time
3. Transition fee
4. Settlement Agreement
5. Professional development obligation
6. Chain Regulation (Ketenregeling)
7. Trial period under a temporary contract
8. Non-competition Clause
9. Successive term of employment
10. Risk rules
11. Unemployment Act
This document discusses the future of loaded rates in enterprise agreements under Australian workplace relations laws. It provides an overview of enterprise bargaining, the better off overall test (BOOT) that agreements must pass, trends towards loaded rates that incorporate penalty rates and allowances into a single pay rate, and recent cases that have addressed loaded rates. The document indicates loaded rates agreements will remain part of bargaining but each employee must genuinely be better off rather than just the majority. It also notes challenges applying the BOOT to casual employees and the approach of Queensland industrial tribunals.
This document is a standard labor contract between an employer and employee in China. It outlines the following key points in 3 sentences:
The contract establishes an employment relationship between [EMPLOYER NAME] and [EMPLOYEE NAME] for [CONTRACT TERM] years in the role of [JOB TITLE]. It defines the employee's salary, working hours and conditions, benefits, grounds for termination by either party, and procedures for resolving disputes. The contract must be verified by the local labor bureau within 30 days of signature by both parties.
This document summarizes key employment law issues from 2018 and provides forecasts for 2019. In 2018, there was increased focus on defining "casual employees" and providing them rights to request conversion to permanent status. Employers also faced liability risks for safety hazards and had to follow strict rules when negotiating enterprise agreements. Looking ahead, regulations around casual employment and leave entitlements may be clarified in 2019, while workplace health and safety compliance and bargaining powers are areas that could see further changes.
Please be informed that the Labour Code numbered 4857 (“Labour Code”) regulates the working conditions and also rights and obligations of the employees and employers. The Labour Code shall apply to all employers, employer representatives, employees and workplaces except those listed under Article 4 of the Labour Code. There are two types of termination of the employment contract stipulated under the Labour Code; 1) Termination with notice period and 2) Immediate Termination due to justified reasons.
The Apprentices Act 1961 establishes standards and obligations for apprenticeship programs in India to develop skilled workers. It specifies qualifications and training periods for apprentices, obligations of apprentices and employers, stipends, dispute resolution processes, and penalties for noncompliance. The Act aims to meet the demand for skilled craftsmen through apprenticeship programs that provide institutional training and on-the-job skills development.
1. The document outlines various labor laws and HR policies regarding employee attendance, leave, allowances, overtime, probation, termination, and other issues. It discusses rules for absence, statutory allowances, apprenticeships, bonuses, boycotts, drivers, termination of employment, wages boards, and other topics.
2. Specific policies covered include punishment for absence, medical leave certification, inquiry procedures, collective agreements, records required, and allowable overtime and working hours for different employee categories.
3. The document provides a detailed reference for understanding Sri Lankan labor law compliance and managing employee issues according to relevant statutes and regulations.
BarrCo Employment Law Bulletin April 2010magstrench
The document is an employment bulletin from April 2010 that summarizes several recent employment law cases.
1) An NHS employee successfully obtained an injunction to prevent the NHS trust from disciplining her in breach of their disciplinary procedure.
2) An employment tribunal ruled that it was not necessarily unfair for an employer to proceed with disciplinary action before hearing a grievance appeal, unless there was clear evidence of unfairness.
3) The Court of Appeal confirmed that the test for constructive dismissal is objective and an employer cannot "cure" a breach while an employee considers resignation.
The Apprentices Act, 1961 aims to regulate apprenticeship training in trades and promote vocational training. Some key points:
- It covers apprenticeship programs and trades designated by the central government.
- Apprentices must be at least 14 years old, satisfy education/fitness standards.
- Contracts must contain agreed terms between apprentice/guardian and employer.
- Training period is determined by the National Council. Employers must provide qualified training and meet contractual obligations.
The document outlines qualifications for apprentices, obligations of employers and apprentices, registration and termination processes, working hours and leave provisions, and penalties for non-compliance.
This document provides summaries of key aspects of three important labour laws in India:
1) The Apprentices Act, 1961 which promotes skills training through apprenticeships and outlines qualifications, obligations, wages, leave policies and more for apprentices.
2) The Contract Labour (Regulation & Abolition) Act, 1970 which regulates contract labour and requires contractors to maintain registration and records on workers. It also specifies welfare measures.
3) The Employees' Provident Funds & Miscellaneous Provisions Act, 1952 which provides social security and benefits like provident funds for employees across many industries. Eligibility, contributions and benefits are summarized.
Theapprenticesact1961 130307110744-phpapp01Samikshya Kar
The Apprentices Act 1961 establishes regulations for apprenticeship programs in India. Its objectives are to meet demand for skilled workers, utilize training facilities, and ensure apprentices receive training according to plans. Apprentices must meet minimum education qualifications and have obligations to learn diligently and follow employer rules. Employers must provide training according to the act and qualified supervision. The act also specifies apprentice wages, leave, and dispute resolution processes. Violations of the act by employers can result in fines or imprisonment.
Staying up to date on the latest changes in employment law is critical for any business owner or HR professional to avoid expensive legal complications, ensure regulatory compliance and cultivate a positive workplace culture.
Our Employment Solicitors, Joanna Smye and Claire Berry deliver a pre-recorded and on demand update webinar that discusses the most important employment law changes on the horizon for 2023/24, reviews key cases from the last six months and provides practical advice on the important learning points to take away.
COVID-19 NSW Business Grants - Legal QuestionsTom Willis
In Part 2 of our Covid Support Series with POP Business, Lawyer Damin Murdock covers all the important legal issues facing businesses throughout lockdown and beyond.
French labor law - Festival French Tech 2014LaFrenchTech
French labor law aims to strike a balance between flexibility and security. While there are perceptions that French labor laws make the market less adaptable and hiring more difficult, the realities are that the rules are well-suited, efficient, and stable. The social dialogue process between unions and employers helps define rules. Examples that demonstrate flexibility include probationary periods, individual redundancies, terminations by mutual consent, and collective redundancies. Reforms over the past decade have further increased flexibility while maintaining protections and security for workers.
The document summarizes the key aspects of the Employees' Provident Funds & Misc. Provisions Act, 1952 and the schemes under the Act. It outlines eligibility, payment of contributions, applicability, and clarification regarding contribution amounts and limits. The principal employer is responsible for paying contributions to the provident fund, pension fund, and other schemes for both direct employees and contract employees. Contribution rates and limits are specified up to a monthly wage of Rs. 6,500.
The document discusses remote and flexible working. It provides examples of benefits to organizations that implement flexible working arrangements, including cost savings, improved productivity, higher employee satisfaction and retention. A case study of BT is presented that found savings of £350 million in accommodation costs and other benefits after implementing flexible working. Legal guidelines around the right to request flexible working are also covered.
This module examines key principles of law applicable to the hospitality, tourism, and related industries. It covers various legislation on business organization, international laws around consumer protection, employment, and access to the natural environment. The module also looks at visa and travel documentation laws, as well as liability for operators, agents, carriers, and governments regarding health and safety issues.
The purpose is to develop student understanding of compliance requirements and international laws impacting the tourism and hospitality industry. Students will submit a journal article review analyzing different case studies.
The module aims to educate students on labor law, insurance law, and entry/exit formalities in the Philippines as they relate to the hospitality and tourism fields.
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
The document summarizes new regulations on flexible working in the UK that took effect in June 2014. It discusses eligibility for flexible working requests, the procedures for making and dealing with requests, potential outcomes like agreeing to new terms or rejecting for a valid reason, and appeals processes. It provides guidance for employers on complying with the regulations in a reasonable manner and avoiding discrimination complaints. The key change discussed is expanding eligibility for flexible working requests beyond those with child or elder care responsibilities.
The document summarizes new regulations on flexible working in the UK that took effect in June 2014. It discusses eligibility for flexible working requests, the procedures for making and dealing with requests, potential outcomes like agreeing to new terms or rejecting for a valid reason, and appeals processes. It provides guidance for employers on complying with the regulations in a reasonable manner and avoiding discrimination complaints. The key change discussed is expanding eligibility for flexible working requests beyond those with child or elder care responsibilities.
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN CHART KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART
This document summarizes key employment law issues from 2018 and provides forecasts for 2019. In 2018, there was increased focus on defining "casual employees" and providing them rights to request conversion to permanent status. Employers also faced liability risks for safety hazards and had to follow strict rules when negotiating enterprise agreements. Looking ahead, regulations around casual employment and leave entitlements may be clarified in 2019, while workplace health and safety compliance and bargaining powers are areas that could see further changes.
Please be informed that the Labour Code numbered 4857 (“Labour Code”) regulates the working conditions and also rights and obligations of the employees and employers. The Labour Code shall apply to all employers, employer representatives, employees and workplaces except those listed under Article 4 of the Labour Code. There are two types of termination of the employment contract stipulated under the Labour Code; 1) Termination with notice period and 2) Immediate Termination due to justified reasons.
The Apprentices Act 1961 establishes standards and obligations for apprenticeship programs in India to develop skilled workers. It specifies qualifications and training periods for apprentices, obligations of apprentices and employers, stipends, dispute resolution processes, and penalties for noncompliance. The Act aims to meet the demand for skilled craftsmen through apprenticeship programs that provide institutional training and on-the-job skills development.
1. The document outlines various labor laws and HR policies regarding employee attendance, leave, allowances, overtime, probation, termination, and other issues. It discusses rules for absence, statutory allowances, apprenticeships, bonuses, boycotts, drivers, termination of employment, wages boards, and other topics.
2. Specific policies covered include punishment for absence, medical leave certification, inquiry procedures, collective agreements, records required, and allowable overtime and working hours for different employee categories.
3. The document provides a detailed reference for understanding Sri Lankan labor law compliance and managing employee issues according to relevant statutes and regulations.
BarrCo Employment Law Bulletin April 2010magstrench
The document is an employment bulletin from April 2010 that summarizes several recent employment law cases.
1) An NHS employee successfully obtained an injunction to prevent the NHS trust from disciplining her in breach of their disciplinary procedure.
2) An employment tribunal ruled that it was not necessarily unfair for an employer to proceed with disciplinary action before hearing a grievance appeal, unless there was clear evidence of unfairness.
3) The Court of Appeal confirmed that the test for constructive dismissal is objective and an employer cannot "cure" a breach while an employee considers resignation.
The Apprentices Act, 1961 aims to regulate apprenticeship training in trades and promote vocational training. Some key points:
- It covers apprenticeship programs and trades designated by the central government.
- Apprentices must be at least 14 years old, satisfy education/fitness standards.
- Contracts must contain agreed terms between apprentice/guardian and employer.
- Training period is determined by the National Council. Employers must provide qualified training and meet contractual obligations.
The document outlines qualifications for apprentices, obligations of employers and apprentices, registration and termination processes, working hours and leave provisions, and penalties for non-compliance.
This document provides summaries of key aspects of three important labour laws in India:
1) The Apprentices Act, 1961 which promotes skills training through apprenticeships and outlines qualifications, obligations, wages, leave policies and more for apprentices.
2) The Contract Labour (Regulation & Abolition) Act, 1970 which regulates contract labour and requires contractors to maintain registration and records on workers. It also specifies welfare measures.
3) The Employees' Provident Funds & Miscellaneous Provisions Act, 1952 which provides social security and benefits like provident funds for employees across many industries. Eligibility, contributions and benefits are summarized.
Theapprenticesact1961 130307110744-phpapp01Samikshya Kar
The Apprentices Act 1961 establishes regulations for apprenticeship programs in India. Its objectives are to meet demand for skilled workers, utilize training facilities, and ensure apprentices receive training according to plans. Apprentices must meet minimum education qualifications and have obligations to learn diligently and follow employer rules. Employers must provide training according to the act and qualified supervision. The act also specifies apprentice wages, leave, and dispute resolution processes. Violations of the act by employers can result in fines or imprisonment.
Staying up to date on the latest changes in employment law is critical for any business owner or HR professional to avoid expensive legal complications, ensure regulatory compliance and cultivate a positive workplace culture.
Our Employment Solicitors, Joanna Smye and Claire Berry deliver a pre-recorded and on demand update webinar that discusses the most important employment law changes on the horizon for 2023/24, reviews key cases from the last six months and provides practical advice on the important learning points to take away.
COVID-19 NSW Business Grants - Legal QuestionsTom Willis
In Part 2 of our Covid Support Series with POP Business, Lawyer Damin Murdock covers all the important legal issues facing businesses throughout lockdown and beyond.
French labor law - Festival French Tech 2014LaFrenchTech
French labor law aims to strike a balance between flexibility and security. While there are perceptions that French labor laws make the market less adaptable and hiring more difficult, the realities are that the rules are well-suited, efficient, and stable. The social dialogue process between unions and employers helps define rules. Examples that demonstrate flexibility include probationary periods, individual redundancies, terminations by mutual consent, and collective redundancies. Reforms over the past decade have further increased flexibility while maintaining protections and security for workers.
The document summarizes the key aspects of the Employees' Provident Funds & Misc. Provisions Act, 1952 and the schemes under the Act. It outlines eligibility, payment of contributions, applicability, and clarification regarding contribution amounts and limits. The principal employer is responsible for paying contributions to the provident fund, pension fund, and other schemes for both direct employees and contract employees. Contribution rates and limits are specified up to a monthly wage of Rs. 6,500.
The document discusses remote and flexible working. It provides examples of benefits to organizations that implement flexible working arrangements, including cost savings, improved productivity, higher employee satisfaction and retention. A case study of BT is presented that found savings of £350 million in accommodation costs and other benefits after implementing flexible working. Legal guidelines around the right to request flexible working are also covered.
This module examines key principles of law applicable to the hospitality, tourism, and related industries. It covers various legislation on business organization, international laws around consumer protection, employment, and access to the natural environment. The module also looks at visa and travel documentation laws, as well as liability for operators, agents, carriers, and governments regarding health and safety issues.
The purpose is to develop student understanding of compliance requirements and international laws impacting the tourism and hospitality industry. Students will submit a journal article review analyzing different case studies.
The module aims to educate students on labor law, insurance law, and entry/exit formalities in the Philippines as they relate to the hospitality and tourism fields.
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
The document summarizes new regulations on flexible working in the UK that took effect in June 2014. It discusses eligibility for flexible working requests, the procedures for making and dealing with requests, potential outcomes like agreeing to new terms or rejecting for a valid reason, and appeals processes. It provides guidance for employers on complying with the regulations in a reasonable manner and avoiding discrimination complaints. The key change discussed is expanding eligibility for flexible working requests beyond those with child or elder care responsibilities.
The document summarizes new regulations on flexible working in the UK that took effect in June 2014. It discusses eligibility for flexible working requests, the procedures for making and dealing with requests, potential outcomes like agreeing to new terms or rejecting for a valid reason, and appeals processes. It provides guidance for employers on complying with the regulations in a reasonable manner and avoiding discrimination complaints. The key change discussed is expanding eligibility for flexible working requests beyond those with child or elder care responsibilities.
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN CHART KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART
The Most Inspiring Entrepreneurs to Follow in 2024.pdfthesiliconleaders
In a world where the potential of youth innovation remains vastly untouched, there emerges a guiding light in the form of Norm Goldstein, the Founder and CEO of EduNetwork Partners. His dedication to this cause has earned him recognition as a Congressional Leadership Award recipient.
Efficient PHP Development Solutions for Dynamic Web ApplicationsHarwinder Singh
Unlock the full potential of your web projects with our expert PHP development solutions. From robust backend systems to dynamic front-end interfaces, we deliver scalable, secure, and high-performance applications tailored to your needs. Trust our skilled team to transform your ideas into reality with custom PHP programming, ensuring seamless functionality and a superior user experience.
The Role of White Label Bookkeeping Services in Supporting the Growth and Sca...YourLegal Accounting
Effective financial management is important for expansion and scalability in the ever-changing US business environment. White Label Bookkeeping services is an innovative solution that is becoming more and more popular among businesses. These services provide a special method for managing financial duties effectively, freeing up companies to concentrate on their main operations and growth plans. We’ll look at how White Label Bookkeeping can help US firms expand and develop in this blog.
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART KALYAN CHART
The Steadfast and Reliable Bull: Taurus Zodiac Signmy Pandit
Explore the steadfast and reliable nature of the Taurus Zodiac Sign. Discover the personality traits, key dates, and horoscope insights that define the determined and practical Taurus, and learn how their grounded nature makes them the anchor of the zodiac.
Cover Story - China's Investment Leader - Dr. Alyce SUmsthrill
In World Expo 2010 Shanghai – the most visited Expo in the World History
https://www.britannica.com/event/Expo-Shanghai-2010
China’s official organizer of the Expo, CCPIT (China Council for the Promotion of International Trade https://en.ccpit.org/) has chosen Dr. Alyce Su as the Cover Person with Cover Story, in the Expo’s official magazine distributed throughout the Expo, showcasing China’s New Generation of Leaders to the World.
Tired of chasing down expiring contracts and drowning in paperwork? Mastering contract management can significantly enhance your business efficiency and productivity. This guide unveils expert secrets to streamline your contract management process. Learn how to save time, minimize risk, and achieve effortless contract management.
𝐔𝐧𝐯𝐞𝐢𝐥 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐄𝐧𝐞𝐫𝐠𝐲 𝐄𝐟𝐟𝐢𝐜𝐢𝐞𝐧𝐜𝐲 𝐰𝐢𝐭𝐡 𝐍𝐄𝐖𝐍𝐓𝐈𝐃𝐄’𝐬 𝐋𝐚𝐭𝐞𝐬𝐭 𝐎𝐟𝐟𝐞𝐫𝐢𝐧𝐠𝐬
Explore the details in our newly released product manual, which showcases NEWNTIDE's advanced heat pump technologies. Delve into our energy-efficient and eco-friendly solutions tailored for diverse global markets.
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN CHART KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART INDIA MATKA KALYAN SATTA MATKA 420 INDIAN MATKA SATTA KING MATKA FIX JODI FIX FIX FIX SATTA NAMBAR MATKA INDIA SATTA BATTA
SATTA MATKA DPBOSS KALYAN MATKA RESULTS KALYAN CHART KALYAN MATKA MATKA RESULT KALYAN MATKA TIPS SATTA MATKA MATKA COM MATKA PANA JODI TODAY BATTA SATKA MATKA PATTI JODI NUMBER MATKA RESULTS MATKA CHART MATKA JODI SATTA COM INDIA SATTA MATKA MATKA TIPS MATKA WAPKA ALL MATKA RESULT LIVE ONLINE MATKA RESULT KALYAN MATKA RESULT DPBOSS MATKA 143 MAIN MATKA KALYAN MATKA RESULTS KALYAN CHART
NIMA2024 | De toegevoegde waarde van DEI en ESG in campagnes | Nathalie Lam |...BBPMedia1
Nathalie zal delen hoe DEI en ESG een fundamentele rol kunnen spelen in je merkstrategie en je de juiste aansluiting kan creëren met je doelgroep. Door middel van voorbeelden en simpele handvatten toont ze hoe dit in jouw organisatie toegepast kan worden.
2. Slide 2
TRAINING OBJECTIVE
To have clear understanding on some grey points of Vietnam Labor
Law on Labor parts of a social assessment
To ensure the consistency in practice and be aligned within Vietnam
assessment team
To provide tips for assessors to verify & raise the findings and find-
out inconsistency during a social assessment
3. Slide 3
TRAINING OVERVIEW
PART 1: RECRUITMENT- EMPLOYMENT CONTRACT
PART 2: WORKING HOUR- WAGE & BENEFIT- SPECIAL WORKERS
PART 3: SOCIAL INSURANCE
PART 4: TRADE UNION- CBA- DISCIPLINES- STRIKES
Table of contents
5. Slide 5
PART 1: RECRUITMENT- EMPLOYMENT CONTRACT
Recruitment
Contract
Occupational training
6. Slide 6
RECRUITMENTS
Law reference: Labor law No. 45/2019/QH14 Article 8 and Article 3.
Q1. How to
verify Risk of
discrimination
through HCG
test results in
health check
Interview
recruitment
staff
Check
recruitment
procedure
What is
purpose
of HCG
test?
Check
profile of
current
pregnant
workers
Interview
workers
Rule of
recruitment: No
discrimination, force
labor (withholding
docs, deception,..),
Recruitment fee,
Child labor, etc.
7. Slide 7
CONTRACT
Law reference: Labor law No. 45/2019/QH14 Article 25
Q2
30-days probation
for sample
sewing worker
Continue 30-days
probation for
Sewing worker at
production site
Not accepted. Same
Sewing job, “Only
one probationary
period is allowed for
a job”. (No.44/2019.
Art 25)
Q3
30 days
probation for
packing position
Job description +
involved worker and
salary for this position.
If packing job requires
skilled employee and
salary plus 7%
Accepted
8. Slide 8
CONTRACT
Law Reference: Labor law No. 45/2019/QH14 Point 2 Article 35, Article 37.
• Worker-A was absent without reason total 6 days/month (4 consecutive days of 1st
week and 2 days of 3rd week in month), so the factory decided to terminate labor
contract with A. => Not accepted. This case should be applied by Dismissal
disciplinary action (Termination only applied for more than 5 consecutive days)
Q4
• Worker-B (man or women) nursing bay under 12 months and absent consecutive 5
days without reason. The factory terminate contract with B=> Not Accepted. A has
children under 12 months, employer is prohibited from unilaterally terminating
labor contract with them currently.
Q5
• Worker A has indefinite term contract and is old enough to retire. Could he terminate
the contract without notifying 45 days in advance=> Accepted, because the
employee enough retirement age can terminate without notice period.
Q6
9. Slide 9
CONTRACT
Law Reference: Labor law No. 45/2019/QH14. Article 6 and Article 30.
Accepted
Clearly
process
agreement
with
workers
Leader/
worker
understand
the process
Evidence:
calling, text
with
worker’s
confirmation
-Records
well
maintained
-SI payment
notice with
decreasing
list
Q7: Factory signed agreement on
suspension of labor contract with
employee representative instead of
each worker due to social distance –
COVID-19. Is this accepted?
10. Slide 10
CONTRACT
Tips to verify discrimination risk in this case:
Check factory’s process and standards related to suspending
contract
Interview leaders to verify if they understand and follow the
process.
Interview employee who still work now to get more information
about suspend contract.
Require the factory to provide evidence such as productivity
assessment checklist, attitude assessment etc.
Double check docs/evidence from suspend contract list to verify
that the workers were chosen based on the provided standards
and process or not
Q8: 50% workers
were suspended
labor contract
based on the
productivity and
attitude standard.
11. Slide 11
CONTRACT
Suspend contract steps
• Verify to determine
properly the cases
that can be
suspended contract
Reason for
suspend contract
Choose employee for
suspend
Get agreed from
suspend
Inform to government
Process to
suspend contract • Crosscheck benefit that
was agreed by 2
parties during suspend
time
• Document maintain of
suspend labor contract
Benefit in suspend
contract/ agreement
Law Reference: Labor law No. 45/2019/QH14. Article 30.
12. Slide 12
Law Reference: Labor law No. 45/2019/QH14 Article 52
Rule for labor lease:
Use labor lease for
regulated job and to
lease in the regulated
case
Lease agency has labor
lease permit and enter
into contracts and take
responsibility for
employees
LABOR LEASE CONTRACT
Outsource or
labor lease
worker
signal/
sources
Meal
records,
parking
cards/
visitor logs
Different
uniform/ ID
badges
Interview
security
gate/line
leaders etc
Other
source:
Refer to
Ads on
internet,
etc
13. Slide 13
Q9: The factory (A) use packing service provided by Party-B. Party-B will provide 5 workers to work at
factory- A. How to verify NC related to labor lease in this case?
Law Reference: Labor law No. 45/2019/QH14 Article 52
LABOR LEASE CONTRACT
Raise NC: Job not regulated/
allowed in Labor lease list:
Get more information to
remark in NC:
- Profile/ ID maintained to
check if having any Child/minor
labor
- PPE provided or not
- Time and payment record
keep or not.
Raise NC: Do not have permit
and Job not regulated/
allowed in Labor lease list:
Get more information to
remark in NC:
- Profile/ ID maintained to
check if having any Child/minor
labor
- PPE provided or not
- Time and payment record
keep or not.
Having
permit
Do
not
have
permit
14. Slide 14
OCCUPATIONAL TRAINING
Tips to recognize
apprentice worker
Observation: Uniform/
employee badge,
performance in line,
Interview: verify
Apprentice/occupational
training condition, payment
if having
Document review: check
apprentice contract content
• Q10: Factory signed the
occupational training contract
with 2 months for sewing
apprentice
Apprentice
time
Probation
time
Not accepted
practice
After 2 months of training time, the factory
continue to applied 1 month of sewing
position for probation time
Corrected practice: After
apprentice/training time, the
factory should sign labor contract
with worker.
Law Reference: Labor law No. 45/2019/QH14 Article 61.6
16. Slide 16
PART II: WORKING HOUR- WAGE & BENEFIT
- SPECIAL WORKERS
Wage calculation
Wage in downtime period
Overtime wage calculation
Buffering time
Annual leave and untaken annual leave
Rest day
Severance allowance
Inconsistency find-out tips
Female and maternity protection
Minor workers
17. Slide 17
WAGE CALCULATION
Based on the
actual
working days
(24/25/26/27)
Based on the
actual
working days
(24/25/26 –
not excessive
26)
New
Labor
Law
Old
Labor
Law
For example: NEW Law
Worker-X has wage A, 27
days in July and worker had
worked 26 days.
Wage = A/27*26 =>
Accepted.
Law Reference: Labor Law No 45/2019/QH14, Article 98 and Decree 145/2020, Article 55
18. Slide 18
Conclusion for this Scenario:
Q1: Is this formula accepted for
Feb’s salary?
=> Accepted
WAGE CALCULATION
The wage formular:
A/26*24 for full attendance
Factory
fixed 26
for
division
Feb has
24
working
days
Wage =
A
Law Reference: Labor Law No 45/2019/QH14, Article 96 and Decree 145/2020/ND-CP, Article
54.1.a
19. Slide 19
PIECE-RATE WAGE
*** Un-production time: Training, menstruation time, evacuation drill….
Law Reference: Labor Law No.45/2019/QH14, Article 98 and Decree 145/2020, Article 54.1.b,
55.2
20. Slide 20
DOWNTIME PERIOD PRACTICE
Downtime without payment from 15th day
50% employees
disagreed
Reached another
employee
agreement
50% employee
agreed
Practice as the
agreement
Law Reference: Labor Law No 45/2019/QH14, Article 99
Q2: 50% agree, 50% not agree
with downtime without payment
from 15th day:
Case 1: If the factory applied no
payment for 100% employees, the
findings shall be raised because
there are still 50% of employee not
agree with this solution.
Case 2: 50% were not paid
because they already agreed with
the factory’s solution. And the rest
50% of workers, the factory
continue to negotiate and reach
another agreement (such as pay
10% salary) => The finding shall
not be raised.
21. Slide 21
DOWNTIME PERIOD PRACTICE
Conclusion for below Scenario:
Q3: Is this practice accepted?
=> Accepted
Law Reference: Labor Law No 45/2019/QH14, Article 30.1.1 and Official dispatch 1064/LĐTBXH-
QHLĐTL
Tough finance
situation
Planning with 14 days with
minimum wage payment
Labor contract suspending
with employees from 11th
day.
First 10 days paid by
minimum wage
22. Slide 22
Conclusion for below Scenario:
DOWNTIME PERIOD PRACTICE
Conclusion for this Scenario:
Q4: Is this practice accepted?
=> Accepted
Law Reference: Labor Law No 45/2019/QH14, Article 99
23. Slide 23
Conclusion for below Scenario:
DOWNTIME PERIOD PRACTICE
Payment of
first 14 days
< min wage
or un-paid
leave
Due to Covid
affection,
Employees
accepted
Conclusion for this Scenario:
Q5: Is this practice accepted?
=> Not Accepted
Law Reference: Labor Law No 45/2019/QH14, Article 99 and The official dispatch 264/QHLĐTL-
TL, official dispatch 2858/SLDTBXH-LDVL, Official dispatch 420/LĐLĐ-CSPL
24. Slide 24
Conclusion for below Scenario:
DOWNTIME PERIOD PRACTICE
Labor
contract
suspending
with
employees
Due to COVID-
19 pandemic
affection
Conclusion for this Scenario:
Q6: Is this practice accepted?
Accepted
- Employment relationship invalid during
suspending time, no benefits must be
provided unless benefits was agreed in
Labor contract suspending agreement.
Law Reference: Labor Law No 45/2019/QH14, Article 30.1.1. and Official dispatch
1064/LĐTBXH-QHLĐTL
25. Slide 25
OVERTIME WAGE CALCULATION
Conclusion for this Scenario:
Q7: Is this practice accepted?
=> Accepted
Not
including
OT
calculation
Captain
allowance
Vice-
Captain
allowance
OHS
allowance
(G6)
Seniority
allowance
Law Reference: Labor Law No 45/2019/QH14, Article 98 and Decree 145/2020, Article 55
.
26. Slide 26
OVERTIME WAGE CALCULATION
Including:
Skill,
Position,
Environment,
Heavy/Harmf
ul jobs,
Translation…
Including:
Seniority,
Skill,
Position,
Environment,
Heavy/Harmf
ul jobs,
Translation…
New
Labor
Law
Old
Labor
Law
Law Reference: Labor Law No 45/2019/QH14, Article 98 and Decree 145/2020, Article 55
.
27. Slide 27
BUFFERING TIME
Q: Any tips for raising the
buffering time as OT-related
finding?
Time in/out
excessive 30
mins
Employee
interview
Camera
recording
Management
requested
Law Reference: Labor Law No 45/2019/QH14, Article 98, Article 105 and Decree 145/2020,
Article 55, 56, 57
28. Slide 28
ANNUAL LEAVE (ROUNDING/CALCULATION)
Decimal
part of AL
days(A)
0<A<0.5 0.5<=A<1 Acceptance
Rounding 0 1 Yes
No change 0<A<0.5 0.5<=A<1 Yes
Working
days
Paid leave
days
At least 50%
of the normal
working days
of the month
Count 1
working
month
For example: Worker A started
working since Sep 10, 2021. Total of
working days + Paid leave days are
18 days. It is more than 50% of the
normal working days of Sep 2021
(26 days) => Count AL from this
month.
Law Reference: Labor Law No 45/2019/QH14, Article 113 and Decree 145/2020, Article 66.
29. Slide 29
ANNUAL LEAVE (UNTAKEN LEAVE DAYS)
Worker has 14 AL days
Factory has AL schedule
(Factory arranges 9
days, worker arranges 5
days)
Worker don’t use 5 AL
days
Factory has policy for
neither reserve AL nor
payment by money for
the untaken AL.
Correct or
Incorrect?
Law Reference: Labor Law No 45/2019/QH14, Article 113. Point 3.4 and Decree 145/2020, Article
67
Conclusion for this Scenario:
Q8: Is this practice accepted?
Not Accepted . The finding shall be
raised:
The policy don’t the meet legal
requirement “Combining annual leave
over a maximum period of up to 03
years”.
30. Slide 30
ANNUAL LEAVE PAYMENT
Ex: Worker A has 26 working days in Aug
2021, no use AL in this month. Worker get
the salary payment of 26 working days and
1 more AL day payment.
AL
payment
monthly
with
salary
There is the agreement between employee
and employer for this practice.
Agreemen
t with
employee
s
Employees understand about this practice.
Employee
s
Interview
Conclusion for this Scenario:
Q9: Is this practice accepted?
=> Accepted
Law Reference: Labor Law No 45/2019/QH14, Article 113.1, 113.4 and Decree 145/2020,
Article 66.1.
31. Slide 31
SEVERANCE ALLOWANCE
1/ Apprenticeship period don’t include in the time to calculate the severance
allowance.
2/ If factory paid 21.5% for employees during probation period=> No severance
allowance for this time.
3/ Severance allowance calculated based on these months which no contribution
of un-employment insurance.
Law Reference: Decree 145/2020, Article 8.3.a.
32. Slide 32
REST DAY (24 HOURS PER WEEK)
Law Reference: Labor Law No 45/2019/QH14, Article 111.
Conclusion for this Scenario:
Q10: Is this practice accepted?
=> Ensure 24h-break but not
ensure 1 day of in 7 days, Raise
NC not ensure 1 day off in 7 days
following Client requirement.
33. Slide 33
INCONSISTENCY
Signal and Sources
Bank SMS,
Employee's
interview, Ads on
Facebook
Camera/ No
camera record,
Refer recruitment
ads on media, etc
Packing/ QC/
Security/ Meal,
Wastewater,
Electrical record,
Planning records,
etc
Mismatch of
Wage and WH
Hiding the
production
records
Paid by cash but
the records are
new and the
similar signature
Q: Any tips to
find out
inconsistency?
34. Slide 34
FEMALE/ MATERNITY PROTECTION
Q11: Worker can work OT in this case? And How is payment for OT?
Law Reference: Labor law No. 45/2019/QH14. Article 137.
Circular 10/2020/TT-BLĐTBXH, art 11
Pregnancy/Raising child under
12 months workers OT
8th hour: 200%
9th hour onward:
150% and following law.
Well-informed by the employer
about hazards, dangerous or
harmful factors to reproductive
function and children raising
Agreement
35. Slide 35
FEMALE/ MATERNITY PROTECTION Conclusion for this Scenario:
Q12: Is this practice accepted?
Raise NC about the Female
policy. The factory does not have
adequate process to align among
their management system when
female workers must submit one
doc many times to different dept
36. Slide 36
JUVENILES WORKERS
Conclusion for this Scenario:
Q13: Is this practice accepted?
Accepted if no harmful factors in
working environment inspection result
exceed legal standards .
Note: new law did not mention about
“heavy, toxic and dangerous jobs” in
prohibited jobs for juvenile workers
He is arranged
to work as
sewing worker
in
Sewing line-1
Worker-A is 17
years and 11
months.
Law Reference: Labor law No. 45/2019/QH14. Article 144. 145 and 147. Circular 09/2020/ TT-
BLĐTBXH
38. Slide 38
PART III: SOCIAL INSURANCE
Subjects to the compulsory SI
payment
Salary basis for compulsory SI
payment
Payment time of compulsory SI
contributions
SI contribution during period of
COVID-19 Pandemic
39. Slide 39
SUBJECTS TO THE COMPULSORY SI CONTRIBUTION
Law Reference: Social Insurance Law No 58/2014/QH13, Article 2. Labor Law No 45/2019/QH14,
Article 168.
Worker-A retired since
Aug 2020
Continue to work
under define contract
from March 02 to
June 01, 2021 (3
months)
No SI contribution due to
employee is receiving
retirement pension, not
paid 21.5% for employee
Q1: Conclusion for this Scenario: Is this practice accepted?
=> Not Accepted. Factory should pay 21.5% additionally for this employee.
40. Slide 40
SUBJECTS TO THE COMPULSORY SI CONTRIBUTION
Law Reference: The Official Dispatch 2447/LDTBXH-BHXH.
Factory
contributed
SI since
Jun 2021
Labor contract
period: May 02,
2021 - Jul 01,
2022
Probationary
period (May 02-
Jun 01, 2021)
also wrote in the
labor contract
Effective of labor
contract:
probation day
(May 02, 2021)
Q2: Conclusion for this
Scenario: Is this practice
accepted?
=> Not Accepted. SI should
contribute from May 2021.
41. Slide 41
SALARY BASIS FOR COMPULSORY SI CONTRIBUTION
Salary basis Normal
working
condition
Job or position
requires training/skill
Heavy & Harmful
conditions
Extremely Heavy
& Harmful
conditions
Minimum
monthly salary
X ≥7% * X No requirement
from 2021
No requirement
from 2021
Monthly salary
for SI payment
X ≥7% * X ≥5% * X ≥7% * X
Law Reference: Decree 90/2019/ND-CP, Article 5. Decision 595/QD-BHXH, Article 6, point 2.6.
** X: region based minimum wage
42. Slide 42
SALARY BASIS FOR COMPULSORY SI CONTRIBUTION
Law Reference: Decree 90/2019/ND-CP, Article 5. Decision 595/QD-BHXH, Article 6, point 2.6.
Q3: Sewing - worker A had
monthly basic wage as well
as amount of wage for SI
payment is 107% of
minimum wage. Any
violated?
2020: 2
violations
Wage: Lack of 5% of
heavy & harmful
allowance
SI contribution: Lack of
5% heavy & harmful
allowance
2021: 1 violation
Wage: No violation
SI contribution: Lack of
5% of heavy & harmful
allowance
43. Slide 43
PAYMENT TIME OF COMPULSORY SI CONTRIBUTIONS
SI payment
late
Before monthly
wage payment date
Accepted
After monthly wage
payment date
No Accepted
Having the waiver
from GOV
No Accepted, but
remark detail in the
NC description
44. Slide 44
SI CONTRIBUTION DURING PERIOD OF COVID-19 PANDEMIC
Law Reference: Resolution 68/NQ-CP & Resolution 116/NQ-CP
Social Insurance: 17%
Health insurance: 3%
Unemployment: 1%
(Before Oct 01, 2021)
Occupational accidents
and diseases: 0.5
(Before Jul 01, 2021)
Employer:
Total: 21.5%
Social Insurance:
17%
Health insurance: 3%
Unemployment : 0%
(From Oct 01, 2021 to
Sep 30, 2022)
Occupational accidents
and diseases : 0% ( Jul
01, 2021 to Jun 30,
2022)
Employer:
Total: 20%
45. Slide 45
TIPS FOR DETECTING NC REGARDING SOCIAL INSURANCE
Potential of
unproper
probation time/SI
joining or hidden
workers
New/current
workers list
Monthly
salary
accumulatio
n
Tracking log
of leaves
(pregnant/ra
ise child
workers)
Severance
pay
document
Resigned
workers list
SI payment
notice and
increase/de
crease
workers list
46. Slide 46
TIPS FOR DETECTING NC REGARDING SOCIAL INSURANCE
Potential of falsified
invoices/notice of SI
payment due to
insufficient/late SI
payment, wrongly
counted monthly
salary
List of
applicants for
sickness,
maternity and
convalescence
benefits.
Bank
statement of
SI payment
and workers
joining SI list
SI payment
notice data:
code of
invoices (UNC),
SI payment
amount, interest
amount)
Interview
worker/ related
staff
The types of
leaves
displayed in the
attendance
records.
Application for
occupational
accident/
disease
benefits.
48. Slide 48
PART IV: UNION - CBA- DISCIPLINES- STRIKES
• Trade Union
• Collective Bargaining Agreements
• Labor Discipline And Material
Responsibility
• Settlement Of Labor Disputes ; Strike
49. Slide 49
COLLECTIVE BARGAINING AGREEMENTS (CBA)
Rule: The content of CBA shall not
be contrary to local law.
Q2: Is it compulsory to have the
CBA in place or renew CBA when it
is expired?
Answer: Not compulsory
Law Reference: Labor Law No. 45/2019/QH14, Art. 75 . Art 78. Art. 83
An
agreement
Requests
CBA
50. Slide 50
Q3: During checking provided payrolls OR notices found in workshop, it is noted that disciplinary
violation shall be deducted into Bonus. Is this accepted?
Answer:
After reviewing Deduction Policy to make sure No deducting the employee’s salary wage,
Raise finding if the violation deduction is higher than the additional allowance (Bonus) provided
by employer.
LABOR DISCIPLINE
Deduction
Policy
No deducting
the employee’s
salary wage.
Comparison
Law Reference: Labor Law No. 45/2019/QH14, Art. 127
51. Slide 51
LABOR DISCIPLINE
Law Reference: Labor Law No. 45/2019/QH14, Art.124, 125
Disciplinary measure of
Prolonged period for
wage increase in 6
months on Aug 1, 2021
Increase salary yearly on
Jan 1
Delay the increase
salary until Jul 1, 2022
Repeat the violation ->
Prolonged period for
wage increase before
the previous disciplinary
finished
Dismiss an employee for
this disciplinary reasons
Q4: When will Worker-A get wage increasing if he receives a wage disciplinary measures of
prolonged period for wage increase ?
52. Slide 52
LABOR DISCIPLINE
Law Reference: Labor Law No. 45/2019/QH14, Art.122
Delay
disciplinary
Worker raising a
child of 6 months
Disciplinary
decision on Nov
1, 2020
Prolonged period for
wage increase in 6
months
Disciplinary
action after May
1, 2021
Until her child
enough 12 months
Q5: Is it accepted to take disciplinary action immediately on female nursing child under 12
months?
53. Slide 53
MATERIAL RESPONSIBILITY
Q6: The workers who lost employee card because of his/ her own fault had to pay fee to get new one.
The factory deducted these employees VND 80,000 in cash. Is it accepted?
Answer:
Interview employees
and management.
Card Deduction
logbook, Receipts from
employees, supplier
receipts, the internal
labor regulations or the
responsibility contract
Raise Finding: Excessive
deduction compared to
supplier receipt
Raise finding if lacking
supplier receipt to define
amount of deduction.
Law Reference: Labor Law No. 45/2019/QH14, Art.129
54. Slide 54
SETTLEMENT OF LABOR DISPUTES ; STRIKE
Q7: The facility did not increase wage level as its Wage level increment policy. Therefore,
the whole employees in Workshop-1 did not agree on this and had decided to stop working
for 1 day (8h) without following the strike procedure. Is that workers will be paid for the
time they participate in strikes?
Law Reference: Labor Law No. 45/2019/QH14, Art. 207
Illegal
strike
Legal
strike
No
payment
Paid work
suspension
allowance
Employees who
do not take part
in the strike but
have to
temporarily stop
working due to
the strike
55. Slide 55
SETTLEMENT OF LABOR DISPUTES ; STRIKE
Q8: After the strike, the facility decided to dismiss as a disciplinary action employees who took
part in the strike. Is this accepted?
Answer:
Law Reference: Labor Law No. 45/2019/QH14, Art. 125. Art 208
Illegal strike
Acceptable
Applied the Disciplinary measures as
the defined in internal company
regulations.
Legal strike
No acceptable
Prohibited acts:
Terminating employment contracts,
disciplining or reassigning employees
or strike leaders
Workers/leaders well understanding
Records well maintained
Inform Social Insurance for SI decreasing
Noted SDS
50% agree, 50% not agree with downtime without payment from 15th day: => If the factory does not pay for all employee, the findings shall be raised because there are still 50% of employee not agree with this solution.
If 50% agree no pay, the factory did not pay for this 50%. And the rest 50% of workers, the factory continue to negotiate and reach another agment (such as pay 10% salary) => The finding shall not be raised.
Sewing worker-A at her 2-month pregnancy:
WH: 7:30- 15:30 (7H)
OT: 15:30- 17:30
Worker-B nursing child under 12 months:
WH: 7:30- 15:30 (7H)
OT: 15:30- 17:30
Well-informed by the employer about hazards, dangerous or harmful factors against to reproductive function and children raising to choose and make the decision
Need agreement (OT registration)
OT: 15:30- 16:30 = 100% (Not included normal payment for 8th hour)
OT: 16:30- 17:30= 150%
Ms. A received pension enjoyment from August 2020. She works under a three-month labor contract (from March 02 to June 01, 2021) at the ABC factory. However, the factory refuses to pay her an additional amount equal to 21,5% of the compulsory SI, HI & UI premiums due to short-term working period. Is it acceptable?
=> Not accepted. Ms. A shall be covered by compulsory SI due to working under definite-term labor contract . However, as Ms. A already received pension enjoyment and no longer joined SI, the factory shall pay her an amount equal to 21,5% of the compulsory SI, HI & UI premiums.
Q2: Ms. C signed a defined-term labor contract from May 02, 2021 to July 01, 2022. Her probationary period (from May 02 to June 01, 2021) also stated in the labor contract. The factory started paying SI premiums for her from the month of June 2021. Is it acceptable?
If:
Case 1: The labor contract is effective from probation day (2/5/2021)=> SI shall be started from May 2021.
Case 2: The labor contract is effective from official day (2/6/2021)=> SI shall be started from June 2021.
Case #3: The sewing worker of a garment factory received monthly basis pay equal to 107% the region-based minimum wage. There is no other allowance for working enviroment provided to the worker. The above amount of monthly basis rate is salary basis for compulsory SI payment as well. Is there any violation regarding wage/benefit or social insurance for this case?
1. In the year of 2020: Violation regarding both benefit (legal allowance) & social insurance. The 5% of toxic allowance was not provided to worker and counted to pay SI premiums.
2. In the year of 2021: Violation regarding social insurance. Missing 5% of toxic allowance in salary basis for SI payment. => Finding
The effective period of a collective bargaining agreement shall 01 – 03 years.
a/ No. A collective bargaining agreement means an agreement that is reached through a collective bargaining and concluded in writing by the parties.
b/ 1. If there is any requests from Employers OR Employees to renew the CBA=> The factory should conduct to negotiate extension of the collective bargaining agreement or conclusion of a new collective bargaining agreement
2. If there was no request from BOTH Employers and Employees, it is not compulsory to renew CBA.
Q4: The factory increases wage level for its employees in January every year. In August 2021,
MR. A violates the factory regulations and immediately receives disciplinary measures of prolonged period for wage increase in 6 month.
a/ When will he get wage increasing it?
b/ He repeated the violation and receives disciplinary measures of prolonged period for wage increase before the first one is absolved. What is the disciplinary action he is applied?
Answer:
a/ Instead of getting a salary increase in January 2022 like other employee, he will receive the wage increase in July 1st 2022.
b/ An employer may dismiss an employee for this disciplinary reasons
Q5: On 1 November 2020, after a meeting between the Executive Board of the Trade Union and Ms. B, the factory decided to take disciplinary action. The action chosen was to prolong the waiting time for any wage increase. And she is currently nursing her child who is under 6 months old. Is this accepted to take disciplinary action immediately?
Answer: In this case the disciplinary measure must be delayed until after her child is more than 12 months of age; after 1st May 2021
No payment for 8h shall be paid for employees who take part in the strike (even that is illegal strike or legal strike). However, employees who do not take part in the strike but have to temporarily stop working due to the strike, are entitled to be paid work suspension allowance.