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.
