4. Handling according to competence or proposing competent agencies to handle violations of the labor law, Fine for the enterprise who pays lower wage than region-based minimum wage, Regulations on overtime pay and night work pay, Conditions for foreigners to work in Vietnam. 2. The employee who causes damage to tools and equipment or commits other acts causing damage to the employers assets shall pay compensation in accordance with law or the employers internal working regulations. 2. 3. Article 70. 7. 2. 6. Members of the leadership boards of grassroots-level employees representative organizations have the following rights: a/ To approach employees at the workplace while performing tasks of grassroots-level employees representative organizations. Article 78. 5. Labor Code No. The Government shall stipulate the payment of deposits, conditions, order and procedures for grant, re-grant, extension and revocation of licenses for labor lease, and the list of jobs allowed for labor lease. 2. Article 51. An employee satisfying the conditions on the period of social insurance premium payment prescribed by the law on social insurance will be entitled to pension when reaching the retirement age. Responsibilities of employers in labor management. Termination of employment | USAGov 4. Intervening in or manipulating the process of establishment, election, and formulation of working plans and organization of activities of grassroots-level employees representative organizations, including also providing financial support or taking other economic measures to neutralize or weaken the performance of the representative function of grassroots-level employees representative organizations or committing discrimination among grassroots-level employees representative organizations. 1. 2. 8 of 1980 (as amended) ("Federal Law No 8 of 1980"). Employing workers being persons with mild disabilities who have lost 51% or more of their working capacity and persons with serious or extremely serious disabilities to work overtime or at night, unless those persons so agree. Illegal unilateral termination of labor contracts. 34:11-4.4. Employees may freely choose to receive vocational training, participate in the assessment and recognition of national occupational skills, and develop their occupational capabilities to meet their job demands and abilities. The employer unilaterally terminates the contract under Article 36 of this Code. Article 34. Termination of employment. Industrial relations shall be established through dialogue, 3. Labor lease is a conditional business line and may only be provided by enterprises licensed for labor lease and applied to certain jobs. Employment is any income-generating work that is not banned by law. Labor dispute means a dispute over rights, obligations or interests arising between the parties in the course of establishment, implementation or termination of industrial relations; a dispute among employees representative organizations; or a dispute arising from relations directly related to industrial relations. The right of employees to unilaterally terminate labor contracts. In addition to the rights and obligations prescribed in Article 5 of this Code, a leased employee has the following rights and obligations: 1. Strike is a temporary, voluntary and organized work stoppage of employees in order to achieve their demands in the process of labor dispute settlement, which is organized and led by the employees representative organization being a collective labor disputing party with the right to collective bargaining. A person entering into a labor contract on the employees side may be: a/ An employee aged full 18 years or older; b/ An employee aged between full 15 years and under full 18 years, with a written consent of his/her at-law representative; c/ A person aged under full 15 years and his/her at-law representative; or. To reach agreement with the leased employees on night work or overtime work in accordance with this Code. Representatives of a party who will participate in collective bargaining shall be decided by that party. 1. Before the expiration of the maternity leave period prescribed in Clause 1 of this Article, a female employee may return to work after having taken at least 4 months of leave but shall notify it in advance to the employer and get the latters consent, and produce a certificate of a competent health establishment stating that early resumption of work will not adversely affect her health. Employers that recruit apprentices or on-the-job trainees are not required to register vocational education activities; may not collect tuition fees; and shall sign training contracts in accordance with the Law on Vocational Education. 2. The grassroots-level employees representative organization may hold discussions with employees and collect their opinions on contents, methods and results of collective bargaining. The order and procedures for conciliation of right-based collective labor disputes must comply with Clauses 2 thru 6, Article 188 of this Code. Upon the expiration of the suspension period, the employer must reinstate the employee. 4. Pending the dispute settlement, the employees representative organization may not organize a strike. If the probationary job is unsatisfactory, the two parties shall terminate the signed labor contract or probation contract. An enterprise-level collective labor agreement takes effect for the employer and all employees of an enterprise. In case the employee is not subject to labor discipline, he/she is entitled to full payment of his/her wage for the period of suspension from work. Article 165. The National Wage Council is a body which advises the Government on minimum wage levels and wage policies toward employees. 1. If the change in structure or technology affects the employment of many employees, the employer shall formulate and implement a labor utilization plan in accordance with Article 44 of this Code. 4. 3. Compelling employees to perform labor contracts for payment of debts to the employers. If the layoff is longer than 8 weeks, without including the period between March 1, 2020 and the date the state of emergency ends, the layoff becomes permanent (i.e. Employee means a person who works for an employer as agreed upon between the two parties, is paid wage, and is managed, directed and supervised by the employer. Labor discipline means regulations on compliance with the law-prescribed rules on time, technology and production and business administration in internal working regulations issued by employers. The Government shall prescribe the dossier, order and procedures for registration; competence and procedures for grant and revocation of registration certificates; state management of financial and property-related issues of enterprise-based employees organizations; division, splitting-up, consolidation, merger or dissolution, and the right to affiliation of enterprise-based employees organizations. Article 134. EMPLOYMENT, LABOR RECRUITMENT AND MANAGEMENT, Article 9. Assignment of employees to perform jobs other than those stated in labor contracts. Annual leave increased based on working seniority. SEPARATE PROVISIONS FOR MINOR WORKERS AND OTHER WORKERS. 3. Employers who fail to provide two weeks' notice and who do not have just cause must provide pay in lieu of notice: i.e., two full weeks of pay. The employer shall give an advance payment of wage to the employee corresponding to the number of days the latter has to suspend work for performance of citizens obligations for 1 week or more, which must not exceed 1 months wage as stated in the labor contract. 7. 3. RESPONDEK & FAN - Rechtsanwalt Singapur, Rechtsanwalt Thailand While the vast majority of this legislation will not change the day-to-day lives . Contents. 1. Each party to collective bargaining may invite a representative of its superior representative organization to participate in collective bargaining and the other party may not refuse it. 2. 1. 2. What are the differences between basic wage and region-based minimum wage? The Ministry of Labor, Invalids and Social Affairs shall take responsibility before the Government for performing the state management of labor. Foreign workers in Vietnam shall comply with the labor law of Vietnam and are protected by Vietnams law, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party. The employee who performs overtime work at night shall, in addition to the payments specified in Clauses 1 and 2 of this Article, be paid with an additional amount equal to 20% of the wage calculated based on the wage unit or wage for a job performed during daytime of normal workdays or of weekends or public holidays. Article 186. Issuing a strike decision and a strike notice under Article 202 of this Code. 3. In case disputing parties choose to settle their dispute through a labor arbitration council under this Article, the employees representative organization may not carry out procedures for a strike during the time the council settles the dispute. Civil Rights Act of 1964, Title VII Americans with Disabilities Act of 1990, Titles I and V Fair Labor Standards Act (FLSA) The Act that establishes minimum wage, overtime pay, record keeping, and child labor standards. For a right-based collective labor dispute which the two parties agree to select a labor arbitration council to settle but past the time limit prescribed by the labor law, no labor arbitration board is established or the labor arbitration board makes no dispute settlement decision or either party fails to implement a decision of the labor arbitration board, disputing parties may request dispute settlement by a court.; 1. Validity duration of work permits. Article 49. Please log in to a subscriber account to use this function. 2. Article 174. 1. Labour Law & Rules on Termination of Employee in India What is the difference between a Right-To-Work state and a Non-Right-To-Work state such as Pennsylvania? The employees representative organization with the right to organize and lead strikes under Article 198 of this Code has the following rights: a/ To withdraw a strike decision if the strike has not occurred or to stop an ongoing strike; b/ To request a court to declare the strike to be lawful. The employer other than an individual terminates operation or receives a notice from the specialized agency in charge of business registration under the provincial-level Peoples Committee that it has no at-law representative or no person authorized to exercise the rights and perform the obligations of the at-law representative. 3. Labor disputes and labor-related disputes within the jurisdiction of courts. To ensure supply of employees who have professional qualifications meeting the requirements of the hiring party and the labor contracts signed with the employees; 2. The current employer and succeeding employer shall implement the approved labor utilization plan. LABOR DISCIPLINE, MATERIAL RESPONSIBILITY. Within 10 days from the date a collective labor agreement is signed, the employer being a signatory to the agreement shall send 1 copy of this agreement to the specialized agency in charge of labor affairs under the provincial-level Peoples Committee of the locality where the employers head office is based. The employer may apply dismissal as a form of discipline to the employee in the following cases: 1. 3. To proactively provide support or provide support upon request of both parties to collective bargaining for the parties to reach agreement during collective bargaining; in the absence of such request, provincial-level Peoples Committees may provide support only when so agreed by the parties. 4. 2. The employee shall provide the employer with truthful information about his/her full name, date of birth, gender, place of residence, education level, occupational qualifications and skills, health status and other issues directly related to the entry into a labor contract as requested by the employer. The Labor Code prescribes labor standards; rights, obligations and responsibilities of employees, employers, grassroots-level employees representative organizations, and employers representative organizations in industrial relations and other relations directly associated with industrial relations; and state management of labor. Principles of labor dispute settlement. In case a party believes that the other party fails to fully implement or breaches the collective labor agreement, it may request the latter to properly implement the agreement and the parties shall together consider and settle their dispute; if the dispute cannot be settled, either party may request settlement of collective labor disputes in accordance with law. Obligations of the employer when unilaterally terminating a labor contract illegally. Cases where employees have the right to go on strike. To amend and supplement Article 32 of Civil Procedure Code No. Article 131. Wages in case of work suspension. 45/2019/QH14 dated November 20, 2019 of the National Assembly. COMPETENCE FOR AND PROCESS OF SETTLEMENT OF INTEREST-BASED COLLECTIVE LABOR DISPUTES, Article 195. Article 156. Article 199. The two parties shall agree on and specify in the labor contract the form and term of wage payment, daily working hours and accommodation. 1. 6. Employers shall provide sufficient information on the danger, risks and requirements of jobs for employees to make a choice and guarantee the prescribed conditions on occupational safety and health for employees when employing them in the jobs on the list prescribed in Clause 1 of this Article. For employees working in agriculture, forestry, fishery or salt production sectors, based on the type of job, the two parties may omit some principal contents of a labor contract and agree to add contents on settlement measures in case the contract performance is affected by a natural disaster, fire or bad weather conditions. Regimes on wage raise, wage rank promotion, allowances and subsidies and incentive regimes for employees shall be agreed upon in labor contracts and collective labor agreements or regulations of employers. 1. 2. Rights and obligations of employees. Infringing upon the health, honor, life, reputation or dignity of employees. 4. Employers shall prepare annual training plans and earmark funds for vocational training and further training and improvement of vocational qualifications and skills and development of occupational skills for their employees; and provide training for employees before assigning them to perform other jobs. In case the time limit prescribed in Clause 2 of this Article expires but the labor conciliation board has not yet been formed or the time limit prescribed in Clause 3 of this Article expires but the labor conciliation board still fails to issue a decision on dispute settlement, the disputing parties may request dispute settlement by a court. 4. 2. 1. To pay the domestic worker his/her social insurance and health insurance premiums prescribed by law for the latter to participate in social insurance and health insurance by himself/herself. Annually, based on practical conditions, the Prime Minister shall decide on leave days prescribed at Points b and dd, Clause 1 of this Article. In case the employee has to suspend working, he/she shall be paid as follows: 1. The employee is dismissed as a form of discipline. 3. Labor Code, Law No. 45/2019/QH14 - LuatVietnam It is prohibited to impose more than one form of labor discipline on a single act of breaching labor discipline. The employee is not required to pay compensation in case the damage is caused by a natural disaster, fire, enemy sabotage, dangerous epidemic, catastrophe or another objective event which is unforeseeable and irremediable though every necessary and possible measure has been taken. Article 16. Provincial-level Peoples Committees shall submit local occupational safety and health programs to the same-level People Councils for decision, and include them in their socio-economic development plans. For an employee regulated by shift-based working time who works for 6 or more consecutive hours, the period of break in the middle of working time shall be included in working hours. The Government shall detail this Article. A female employee in her menstruation period or in the period of raising a child under 12 months old is entitled to a 30-minute break and a 60-minute break, respectively, per day during working time with full pay as stated in the labor contract. The employee may unilaterally terminate his/her labor contract without a prior notice in the following cases: a/ He/she is not assigned the job or workplace or is not assured of the working conditions as agreed upon, except the cases specified in Article 29 of this Code; b/ His/her wage is not paid in full or on time, except the case specified in Clause 4, Article 97 of this Code; c/ He/she is ill-treated or beaten or verbally or physically humiliated by the employer, which affects his/her health, dignity or honor; or is subject to forced labor; d/ He/she is sexually harassed at the workplace; dd/ The female employee is pregnant and has to stop working as prescribed in Clause 1, Article 138 of this Code; e/ He/she reaches the retirement age as prescribed in Article 169 of this Code, unless otherwise agreed upon by the two parties; g/ The employer provides untruthful information as prescribed in Clause 1, Article 16 of this Code, affecting the performance of the contract. 2. GRASSROOTS-LEVEL EMPLOYEES REPRESENTATIVE ORGANIZATIONS, Article 170. The employee may personally enter into a labor contract, except the case specified in Clause 2 of this Article. 3. The State shall develop plans and measures to organize nurseries and pre-primary classes in labor-intensive areas. Contents which must be decided by members of enterprise-based employees organizations by the majority rule include approval, modification and supplementation of the organizations charters; election and relief from office of the heads and members of the leadership boards of the organizations; division, splitting-up, consolidation, merger, renaming, dissolution or affiliation of the organizations; and participation in the Vietnam Trade Union; g/ Membership dues, sources of property and finances, and management and use of property and finances of the organization. To inform the leased employees of its internal working regulations and other regulations and guide the latter in complying with such regulations. Article 202. Grassroots-level employees representative organization means an organization established voluntarily by employees at an employing unit for the purpose of protecting their lawful and legitimate rights and interests in industrial relations through collective bargaining or in other forms prescribed by the labor law. 2. . Starting from 2021, the age of retirement for employees working in normal working conditions shall be at 60 years and 03 months of age for male employees and 55 years and 04 months of age for female employees. Termination of Employment & Dismissal in Malaysia The employer may not cause difficulties, obstruct or intervene in the collection of opinions on a strike by the employees representative organization. The provincial-level Peoples Committee of the locality where the to-be-closed workplace is located; 3. Article 196. Carrying out examination and inspection, handling violations and settling complaints and denunciations related to labor; settling labor disputes in accordance with law. Notification of decisions on temporary closedown of workplaces. 1. Termination due to poor performance. Article 61. 84/2015/QH13 and Law No. 58/2014/QH13 on Social Insurance, which was amended and supplemented under Law No. Cases in which a strike is unlawful. Order and procedures for settlement of right-based collective labor disputes. No wage, if the suspension is due to his/her fault; other employees in the same unit who also have to suspend working shall be paid wages at levels agreed upon by the two parties which, however, must not be lower than the minimum wage level; 3. 1. The employees defined at Points dd and e, Clause 1, Article 2 of this Law, who cease working after having paid social insurance premiums for at least full 20 years, are entitled to pension when falling in one of the following cases: a/ Being at most 5 years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code, unless otherwise provided by the Law on Officers of the Vietnam Peoples Army, Law on the Peoples Public Security Forces, Law on Cipher or Law on Professional Army Men and Defense Workers and Employees; b/ Being at most 5 years younger than the retirement age specified in Clause 3, Article 169 of the Labor Code and having full 15 years or more doing heavy, hazardous or dangerous occupations or jobs or extremely heavy, hazardous or dangerous occupations or jobs on the list promulgated by the Ministry of Labor, Invalids and Social Affairs, or having full 15 years or more working in localities with extremely difficult socio-economic conditions, including the period of working in localities where a region-based allowance coefficient of 0.7 or higher is applied prior to January 1, 2021; c/ Being infected with HIV due to exposure to occupational risks while performing assigned tasks. Prohibited acts in the field of labor. Contents of a collective labor agreement must not be contrary to law, and are encouraged to be more beneficial to employees than what is prescribed by law. Principles of employment of minor workers. The employee shall refund this advance amount. 1. The employer has the following rights: a/ To accept the whole or part of demands of employees, and notify such in writing to the employees representative organization that organizes and leads a strike; b/ To temporarily close down the workplace during the strike due to shortage of conditions to maintain normal operations or to protect assets; c/ To request a court to declare the strike to be unlawful. Article 141. The employer shall pay equal wages without gender-based discrimination to employees doing jobs generating same values. The employee has been absent from work without permission for accumulated 5 days within a period of 30 days or accumulated 20 days within a period of 365 days counting from the first date of absence without a plausible reason. Workplaces where a strike is prohibited. 3. 1. Unsuccessful collective bargaining. Article 30. Prohibited acts of employers when entering into and performing labor contracts. For a dispute specified at Point b or c, Clause 2, Article 179 of this Code which is determined to involve an act of violation, a labor conciliator shall make a written record and transfer the file and documents to a competent agency for consideration and settlement in accordance with law. The hiring party may not transfer the leased employees to another employer; and may not employ employees leased by an enterprise not licensed for labor lease. Statute of limitations for requesting settlement of right-based collective labor disputes. Article 62. To create opportunities for the domestic worker to receive education and vocational education. Wage raise, wage rank promotion, allowances and subsidies. The organization and operation of enterprise-based employees organizations must adhere to the principles of compliance with the Constitution, laws and their charters; voluntariness, self-management, democracy and transparency. The Canada Labour Code outlines the procedures to follow when terminating the employment of individual employees or when a group termination involves 50 or more employees from a single industrial establishment who are dismissed simultaneously within a 4 week period. Article 67. The employee is entitled to fully paid personal leaves as prescribed below and shall notify the leave to his/her employer: b/ Marriage of his/her offspring or adopted child: 1 day; c/ Death of his/her blood parent or adoptive parent; blood parent-in-law or adoptive parent-in-law; his/her spouse; or his/her offspring or adopted child: 3 days. The Government shall detail this Article. The employer shall issue its/his/her internal working regulations; such regulations must be in written form if 10 or more employees are employed. 9. 1. When a collective labor agreement is declared to be null and void, the rights, obligations and interests of the parties stated in the whole or part of the agreements contents declared to be null and void shall be settled in accordance with law and lawful agreements in labor contracts. This record is as legally valid as the collective labor agreement of an enterprise. After 3 months for an employee subject to reprimand, 6 months for an employee subject to the disciplinary measure of prolongation of the wage rise period, or 3 years for an employee subject to the disciplinary measure of removal from office, from the date his/her breach is handled, the employee will have his/her disciplinary record automatically written off if he/she commits no recidivism. Assurance of occupational safety and health; implementation of internal working regulations; 5. 2. Employment Standards | Employment Standards | Termination of Employment Expenses for bargaining and signing of collective labor agreements. A vocational training contract shall be made in 2 copies, each to be kept by one party. Article 76. 4. In case of collective bargaining involving more than one enterprise, representatives to participate in the bargaining shall be decided by the bargaining parties on the basis of voluntariness and agreement. Conditions on foreign workers in Vietnam. Obligations of employers toward grassroots-level employees representative organizations. An interest-based collective labor dispute must be settled through procedures for conciliation by labor conciliators before being brought to a labor arbitration council for settlement or before carrying out procedures for a strike. Employers representative organization means a lawfully established organization that represents and protects the lawful rights and interests of employers in industrial relations. A labor leasing contract must not contain any agreements on the rights and benefits of the employee that are less favorable than those agreed upon in the labor contract signed between the labor leasing enterprise and the employee. 1. The Minister of Labor, Invalids and Social Affairs shall define the functions, tasks and operation of collective bargaining councils. On the basis of consensus, disputing parties may request a labor arbitration council to settle their dispute in case of unsuccessful conciliation or where the conciliation duration prescribed in Clause 2, Article 188 of this Code expires but the labor conciliator fails to conduct the conciliation, or either party fails to implement the agreement in the written record of successful conciliation. 1. In case the old job is no longer available, the employer shall assign another job for the employee with a wage not lower than that paid before the maternity leave. Enticing, inducing, promising, making false advertisements, or using other tricks to deceive employees or recruit employees for the purpose of trafficking in humans, or exploiting or forcing labor, or making use of employment services or the sending of guest workers to commit illegal acts. Article 123. Chairpersons or members of the Boards of Directors of joint-stock companies receiving capital contributions as prescribed by the Government.