Workforce Relations & Risk Management Flashcards

1
Q

Foreign Corrupt Practices Act - US law

A

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.

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2
Q

Works Council

A

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.

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3
Q

TUPE

A

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.

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4
Q

NAFTA

A

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.

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5
Q

What country is the hardest to work in legally?

A

US

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6
Q

Who is in charge of Visas in the US

A

Department of homeland security.

Protecting the US borders.

  • USCIS works for homeland security
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7
Q

Can blue collared workers work in the US?

A

No, only white collared workers.

Professionals.

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8
Q

What is a TN Visa

A

Visa specific for NAFTA countries.

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9
Q

TNI

A

Canada to US

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10
Q

TN2

A

Mexico to US

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11
Q

Under a TN visa can you be a blue collared professional?

A

NO - only prodessionals

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12
Q

Name the US Laws that apply outside of the US

A

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.

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13
Q

What laws are not covered outside of the US?

A

FLSA

NLRA

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14
Q

European Union

A

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.

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15
Q

Does Canada require preferential treatment to minorities?

A

Must give preferential treatment to aboriginals.

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16
Q

Acquired Rights Directive

A

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.

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17
Q

What countries have at will employment?

A

US

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18
Q

ILO

A

International Labour Organization

Binding standards for workers in the UN states.

UNITED NATIONS

Sets guidelines for member states.

  1. Rights at work
  2. Safe working conditions
  3. Stable employment
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19
Q

**Declaration of fundamental principle of rights at work

A

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
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20
Q

What happens if a country in the UN isn’t treating their employees

A

They can lose benefits of being in the UN and have sanctions put on them.

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21
Q

OECD

A

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

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22
Q

WTO

A

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.

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23
Q

Nearshoring

A

Going to the nesxt country for cheap labour.

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24
Q

What is the most popular place to send expats?

A

China bc of cheap labour.

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25
Q

Name the stages of Slavenski and Buckner’s Career Development Process

A
  1. Staffing and Orientation
  2. Evaluation
  3. Development
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26
Q

O-1 Visa is for what type of professions

A

Extraordinary ability

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27
Q

Kaizen method

A

*

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28
Q

What is an in house ombudsman

A

Someone who helps to mediated between employees and employer and reports to CEO.

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29
Q

Asylum

A

Asylum is applied for once th person is in the country.

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30
Q

Do mediators find fault?

A

No

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31
Q

How long are initial H1-B visas good for?

A

3 years

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32
Q

F-1 visas

A

Students

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33
Q

Mediators tend to be…

A

Retired judges or lawyers

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34
Q

When do works councils need to be established?

A

1000 emps or 150+ in two member countries

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35
Q

Are refugees immigrants?

A

No, immigrants purposefully leave their country to go work in another.

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36
Q

Brownout

A

*

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37
Q

4 T’s of Training

A

Teams
Travel
Transfer
Training

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38
Q

What is a right?

A

By law, nature, or tradition (religious)

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39
Q

What is a responsibility?

A

Obligation for own actions

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40
Q

Statutory rights

A

Laws os statutes

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41
Q

Common Law

A

Established by rulings in earlier cases

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42
Q

Religious Law

A

*

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43
Q

Three Irons in China

A

Employment, wages, and promotions.

  • Rice bowl = food
  • Iron wage = fixed wage
  • Iron chair = promotions

Pre-reform in 1976

44
Q

The Reform Period in China

A

Happened after 1976

  • 4 modernization:

Agriculture, **

45
Q

Jurisdiction

A

The right and power to interpret and apply the law.

46
Q

Choice of Law

A

Will be stated in contracts for who has jurisdictions - Brokerage

47
Q

EU Union Choice of Law

A

The Rome convention - what country is most closely connected.

48
Q

Civil rights act 1991

A

More liberal then Civil rights act Title 7

49
Q

Sarbanes Oxley Act

A

Publicly traded

Confidential information that may harm the shareholders or employees.

50
Q

Whistle Blowers

A

Harm to the public

51
Q

Extraterritorial Application

A

Two part test***

52
Q

TRIAD

A

US, Japan, EU

Biggest exporters in the world

53
Q

Trade agreement - Mercosur

A

Common market of the southern cone

South America

Tree trade between those members

54
Q

Trade agreement - APEC

A

Pacific Region - Japan Australia, NZ, US, Canada

55
Q

Trade agreement - ASEAN

A

South eastern asian nations.

Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam, Papua New Guinea

56
Q

Transfer of Undertaking Directive

A

Transfer of workers within the EU.

57
Q

GDPR

A

EU
Very strict
Protecting employees
5 W’s

58
Q

Privacy shield

A

Prohibits transfer of personal data to non-EU nations

59
Q

Ethics: Ethical Relativism

A

Relative to where they are.

60
Q

Ethics: Ethical Universalism

A

Ethics applied to all countries.

61
Q

Ethics: Deontological Theory

A

Act its self is unethical

62
Q

Ethics: Teleological Theory

A

Outcomes is what makes is ethical or not

63
Q

Ethics: Utilitarianism

A

Greatest good for the greatest number

64
Q

Ethics: Convenient Relativism

A

Decision based on convenience

65
Q

Ethical Convergence

A

Same ethics across the board for all. A bit riskier.

66
Q

Industrial union

A

Groups of workers in the same industry - teachers, police, etc.

67
Q

Craft Union

A

Specialized skills or training - SKILLED LABOUR

68
Q

Enterprise Union

A

Thousands of employees specific for the business.

69
Q

Ideological Union

A

Communism/Socialism

70
Q

Federations

A

Smaller unions coming together to form a federation.

71
Q

Wagner Act

A

Pro-Union, Pro employee legislation.

Right to organize
Can’t discourage union membership
Discriminating against employees
Company forms own union to bargain with workers

72
Q

National Labour Relations Board

A

Ensures that business are applying the rules of the collective bargaining agreements.

73
Q

National Labour Relations Act

A

US Union

Not covered:

Federal/State or local
Railroad or airlines employees
Agricultural employees
Domestic employees

74
Q

Co-determination

A

Decide together what happens to the company.

75
Q

Unions develop

A

from the ground up. Very grassroots. No involvement of company or governments.

76
Q

Unions around the world

A

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
77
Q

Mediation

A

Win-Win

Neutral

Help two people come to an agreement

78
Q

**ADR - Alternative Dispute Resolution

A

An attempt to come to an agreement before litigation.

Alternative to going to court.

Pros: faster, cheaper, LIMITS HOSTILITY.

79
Q

Arbitration

A

Win-Lose

Decision is binding

Not as neutral

Do not have to be lawyers/judges. Arguing fairness.

80
Q

Workplace Violence

A

Violence in the company.
Domestic violence

  • Policies
  • Drug testing
  • Careful screening
81
Q

Security Concerns after 911

A

Physical security

82
Q

Global Security Concerns

A

Vandalism
Terrorism
Cyber Threats

83
Q

Official Corporate Response (Internal)

A

Kidnapping, hostage taking, carjacking

84
Q

Risk Management

A

Analyze exposure to risk and determine how to best handle it.

85
Q

High context

A

Indirect

86
Q

Low context

A

Direct

87
Q

Declaration on Fundamental Principles and Rights to Work

A
  1. Workers rights
    - benefits, form unions
  2. Stable employment
    - equal pay, decent pay
  3. Safe working conditions
    - No child or slave labour
88
Q

Australian Federal Privacy

A

Limits the collection, use disclosure, security and access to personal info within Australia.

89
Q

**EU Data Privacy

A

Privacy and Human Rights Law

Personal data must have:

  1. Transparency - employees know what you will do with it.
  2. Legitimate purpose
  3. Proportionality - only using the info for what you said you were going to.
90
Q

US Safe Habour

A

US privacy laws that allo them to work with EU countries.

91
Q

How to measure engaged workers?

A

Turnover rate

92
Q

Procedural justice

A

Process of discipline to terminate employees. Also known as progressive discipline.

93
Q

Just cause reasons for terminations

A

In some countries you have the ETO reasons:

Economic

Technical

Organizational

UNDER THE ACQUIRED RIGHTS DIRECTIVE

94
Q

Turnover rate calculations

A

New hires / number of employees x 100

95
Q

Tardy rates

A

Number of tardy dates / number of working days

96
Q

Name the employee rights in America

A

Employees are protected against:

  1. Defamation
  2. Invasion of privacy
  3. Negligence
  4. Emotional distress (intentional)
  5. Fraudulent misrepresentation
  6. Duty of good faith and fair dealings
  7. Employment at will

MOST CONCEPT COVERED UNDER UN’S DECLARATION OF FUNDAMENTAL PRINCIPLES AND RIGHTS TO WORK

97
Q

What is an implied employment contract?

A

Something that was an agreement but not written down.

98
Q

Public policy exception

A

Asking your employee to lie in a court of law, act in a way that is against the public good.

99
Q

Title 7 two types of sexual harassment

A
  1. Quid Pro Quo

2. Hostile work environment

100
Q

What is the OFCPP in the US

A

Companies that do contracts with the government. They will need to comply with the US president.

101
Q

EB-1 visa

A

Immigrant visa that allows people to apply for permanent residency when granted.

102
Q

of granted H-1B’s annually

A

65,000

103
Q

How long are visa waivers good for in the US

A

90 days

104
Q

Across the board what will increase employee engagement the MOST?

A

Recognition

105
Q

What is a self directed work team?

A

Group of employees (usually), combine different skills/talents to work without the usualy managerial oversight working towards common goal.

106
Q

Summary discharge

A

Termination for cause without warning for serious misconduct; stealing, drunk on job, threats of violence, etc.