Workforce Relations & Risk Management Flashcards
Foreign Corrupt Practices Act - US law
Only applied to US employees. Cannot accept a bribe to gain a competitive advantage.
Cannot pay someone to do something illegal.
Can offer instead a “facilitation” payment to get someone to do their job.
Works Council
Not a union.
Dictated by law in the UE/UK and South/Central America.
Group of employees who must be consulted with whenever there is going to be a TUPE.
TUPE
Major deal that is going to affect employees - lay off or acquire an org, employers have to go to works council.
Normally in larger companies.
Employees on works council are bound by confidentiality agreements.
Mandatory consultation but the employer makes the final decision.
NAFTA
Trade agreement - btw Canada, US, Mexico
Allowed the movement of goods and materials across the boarder easily and less expensive.
Easier to move workers between these countries.
What country is the hardest to work in legally?
US
Who is in charge of Visas in the US
Department of homeland security.
Protecting the US borders.
- USCIS works for homeland security
Can blue collared workers work in the US?
No, only white collared workers.
Professionals.
What is a TN Visa
Visa specific for NAFTA countries.
TNI
Canada to US
TN2
Mexico to US
Under a TN visa can you be a blue collared professional?
NO - only prodessionals
Name the US Laws that apply outside of the US
Discrimination laws!
Title 7 - Civil Rights Act 1964 - discrimination or harassed for race, religion, sex, national origin, colour when it comes to hiring, firing, promotions or discharge.
ADEA - Age discrimination over 40 years.
ADA - Disability discrimination.
Pregnancy is not covered outside of the US.
What laws are not covered outside of the US?
FLSA
NLRA
European Union
EU countries that combined together to compete with super powers.
A worker that is in any of those member countries can freely move just by showing their passport.
Does Canada require preferential treatment to minorities?
Must give preferential treatment to aboriginals.
Acquired Rights Directive
In EU and South/Central America (NOT US)
when two companies merge the employees who are being acquired they cannot fire or reduce their pay unless there is an ETO reason.
Can make people redundant.
What countries have at will employment?
US
ILO
International Labour Organization
Binding standards for workers in the UN states.
UNITED NATIONS
Sets guidelines for member states.
- Rights at work
- Safe working conditions
- Stable employment
**Declaration of fundamental principle of rights at work
Accepted guidelines on how we are suppose to handle people in the workforce of countries in the UN (177+ countries):
- Child labour
- Living wage and benefits
- No slavery
- Organize unions
What happens if a country in the UN isn’t treating their employees
They can lose benefits of being in the UN and have sanctions put on them.
OECD
Organization economic cooperation and development.
Countries are CHOOSING to cooperate.
Countries committed to DEMOCRACY
Are developed and richest countries in the world. Choosing to work together to help each other on environment, social and economic policy (trade).
Non-binding
WTO
World trade org
Everyone in the WTO gains benefits from trading with one another.
Formerly the GATT agreements
Free trade of goods, services and intellectual property.
RESOLVES TRADE DISPUTES.
Nearshoring
Going to the nesxt country for cheap labour.
What is the most popular place to send expats?
China bc of cheap labour.
Name the stages of Slavenski and Buckner’s Career Development Process
- Staffing and Orientation
- Evaluation
- Development
O-1 Visa is for what type of professions
Extraordinary ability
Kaizen method
*
What is an in house ombudsman
Someone who helps to mediated between employees and employer and reports to CEO.
Asylum
Asylum is applied for once th person is in the country.
Do mediators find fault?
No
How long are initial H1-B visas good for?
3 years
F-1 visas
Students
Mediators tend to be…
Retired judges or lawyers
When do works councils need to be established?
1000 emps or 150+ in two member countries
Are refugees immigrants?
No, immigrants purposefully leave their country to go work in another.
Brownout
*
4 T’s of Training
Teams
Travel
Transfer
Training
What is a right?
By law, nature, or tradition (religious)
What is a responsibility?
Obligation for own actions
Statutory rights
Laws os statutes
Common Law
Established by rulings in earlier cases
Religious Law
*
Three Irons in China
Employment, wages, and promotions.
- Rice bowl = food
- Iron wage = fixed wage
- Iron chair = promotions
Pre-reform in 1976
The Reform Period in China
Happened after 1976
- 4 modernization:
Agriculture, **
Jurisdiction
The right and power to interpret and apply the law.
Choice of Law
Will be stated in contracts for who has jurisdictions - Brokerage
EU Union Choice of Law
The Rome convention - what country is most closely connected.
Civil rights act 1991
More liberal then Civil rights act Title 7
Sarbanes Oxley Act
Publicly traded
Confidential information that may harm the shareholders or employees.
Whistle Blowers
Harm to the public
Extraterritorial Application
Two part test***
TRIAD
US, Japan, EU
Biggest exporters in the world
Trade agreement - Mercosur
Common market of the southern cone
South America
Tree trade between those members
Trade agreement - APEC
Pacific Region - Japan Australia, NZ, US, Canada
Trade agreement - ASEAN
South eastern asian nations.
Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam, Papua New Guinea
Transfer of Undertaking Directive
Transfer of workers within the EU.
GDPR
EU
Very strict
Protecting employees
5 W’s
Privacy shield
Prohibits transfer of personal data to non-EU nations
Ethics: Ethical Relativism
Relative to where they are.
Ethics: Ethical Universalism
Ethics applied to all countries.
Ethics: Deontological Theory
Act its self is unethical
Ethics: Teleological Theory
Outcomes is what makes is ethical or not
Ethics: Utilitarianism
Greatest good for the greatest number
Ethics: Convenient Relativism
Decision based on convenience
Ethical Convergence
Same ethics across the board for all. A bit riskier.
Industrial union
Groups of workers in the same industry - teachers, police, etc.
Craft Union
Specialized skills or training - SKILLED LABOUR
Enterprise Union
Thousands of employees specific for the business.
Ideological Union
Communism/Socialism
Federations
Smaller unions coming together to form a federation.
Wagner Act
Pro-Union, Pro employee legislation.
Right to organize
Can’t discourage union membership
Discriminating against employees
Company forms own union to bargain with workers
National Labour Relations Board
Ensures that business are applying the rules of the collective bargaining agreements.
National Labour Relations Act
US Union
Not covered:
Federal/State or local
Railroad or airlines employees
Agricultural employees
Domestic employees
Co-determination
Decide together what happens to the company.
Unions develop
from the ground up. Very grassroots. No involvement of company or governments.
Unions around the world
Canada Labour Code
China - changes made by government
UK - Employment Relations Act which enforces minimum wage
India - Trade Union Act (TUA) & Industrial Disputes Act
EU Countries
- Works Council
- Connection to politics
- Influence on state and federal legislation
Mediation
Win-Win
Neutral
Help two people come to an agreement
**ADR - Alternative Dispute Resolution
An attempt to come to an agreement before litigation.
Alternative to going to court.
Pros: faster, cheaper, LIMITS HOSTILITY.
Arbitration
Win-Lose
Decision is binding
Not as neutral
Do not have to be lawyers/judges. Arguing fairness.
Workplace Violence
Violence in the company.
Domestic violence
- Policies
- Drug testing
- Careful screening
Security Concerns after 911
Physical security
Global Security Concerns
Vandalism
Terrorism
Cyber Threats
Official Corporate Response (Internal)
Kidnapping, hostage taking, carjacking
Risk Management
Analyze exposure to risk and determine how to best handle it.
High context
Indirect
Low context
Direct
Declaration on Fundamental Principles and Rights to Work
- Workers rights
- benefits, form unions - Stable employment
- equal pay, decent pay - Safe working conditions
- No child or slave labour
Australian Federal Privacy
Limits the collection, use disclosure, security and access to personal info within Australia.
**EU Data Privacy
Privacy and Human Rights Law
Personal data must have:
- Transparency - employees know what you will do with it.
- Legitimate purpose
- Proportionality - only using the info for what you said you were going to.
US Safe Habour
US privacy laws that allo them to work with EU countries.
How to measure engaged workers?
Turnover rate
Procedural justice
Process of discipline to terminate employees. Also known as progressive discipline.
Just cause reasons for terminations
In some countries you have the ETO reasons:
Economic
Technical
Organizational
UNDER THE ACQUIRED RIGHTS DIRECTIVE
Turnover rate calculations
New hires / number of employees x 100
Tardy rates
Number of tardy dates / number of working days
Name the employee rights in America
Employees are protected against:
- Defamation
- Invasion of privacy
- Negligence
- Emotional distress (intentional)
- Fraudulent misrepresentation
- Duty of good faith and fair dealings
- Employment at will
MOST CONCEPT COVERED UNDER UN’S DECLARATION OF FUNDAMENTAL PRINCIPLES AND RIGHTS TO WORK
What is an implied employment contract?
Something that was an agreement but not written down.
Public policy exception
Asking your employee to lie in a court of law, act in a way that is against the public good.
Title 7 two types of sexual harassment
- Quid Pro Quo
2. Hostile work environment
What is the OFCPP in the US
Companies that do contracts with the government. They will need to comply with the US president.
EB-1 visa
Immigrant visa that allows people to apply for permanent residency when granted.
of granted H-1B’s annually
65,000
How long are visa waivers good for in the US
90 days
Across the board what will increase employee engagement the MOST?
Recognition
What is a self directed work team?
Group of employees (usually), combine different skills/talents to work without the usualy managerial oversight working towards common goal.
Summary discharge
Termination for cause without warning for serious misconduct; stealing, drunk on job, threats of violence, etc.
