2. 5. The Team, Malaysia SME BizHub. 4. Selected NJ State Labor Laws and Regulations Article 72. Employing workers being persons with disabilities to perform heavy, hazardous or dangerous jobs on the list issued by the Minister of Labor, Invalids and Social Affairs without the consent of these persons after having provided them with sufficient information about such jobs. 4. Wages and other lawful interests of employees during a strike. Cng Thng tin in t B Lao ng - Thng binh & X hi - Hi p. To return to the labor leasing enterprise the leased employees who fail to meet the requirements as agreed upon or breach labor discipline. 1. Contents of state management of labor. Modification of collective labor agreements. 1. The district-level Peoples Committee of the locality where the to-be-closed workplace is located. 3. 3. 1. 2. 1. 1. To encourage employees and employers to hold dialogues and collective bargains and establish progressive, harmonious and stable industrial relations. In case of unilaterally terminating or suspending the labor contract, she shall give a notice thereof to the employer, together with the competent health establishments certificate stating that her continued work will adversely affect her pregnancy. State policies for workers with disabilities. Two weeks' notice of termination is not required for severe misconduct, temporary layoffs, employees who are still within their three months probationary period, and for contracts that have a set end date. 1. It seeks to find a balance between the security of tenure for employees, and the rights or prerogatives of employers to dismiss employees. The grassroots-level employees representative organization may hold discussions with employees and collect their opinions on contents, methods and results of collective bargaining. In case the employee cannot receive wage directly, a person lawfully authorized by the employee may receive wage. Wrongful termination happens when your employer fires you for an illegal reason. To report on the employment of labor within 30 days after commencing operation, and periodically report on labor-related changes during operation to specialized agencies in charge of labor affairs under provincial-level Peoples Committees and notify them to social insurance agencies. 2. The Pregnant Workers Fairness Act is a game changer for U.S. women In case either party fails to implement the dispute settlement decision issued by the labor conciliation board, the parties may request dispute settlement by a court. Article 85. Vocational training and vocational skills development. In addition to the leaves prescribed in Clause 1 of this Article, foreign workers in Vietnam are entitled to 1 day-off on their traditional new-year holiday and 1 day-off on their national day. 2. 2. 2. 2. Interest-based collective labor disputes include: a/ Labor disputes arising in the course of collective bargaining; b/ Labor disputes arising when one party refuses or fails to conduct bargaining within the time limit prescribed by law. Employers shall ensure restrictions on the length of time during which employees work in contact with hazardous or dangerous elements according to relevant national technical regulations and laws. 1. The Government shall detail this Article; and decide and publicize minimum wage levels based on recommendations of the National Wage Council. 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. 3. Minimum wage levels shall be determined by region and set on a monthly and hourly basis. The settlement of a labor dispute shall be conducted by an agency or organization or a person competent to settle labor disputes at the request of a disputing party or at the proposal of a competent agency, organization or person with the consent of disputing parties. Article 81. 2. The employer immediately terminated the employees employment relationship. 1. 16/2023/QD-TTg dated June 01, 2023 of the Prime Minister providing loan support to make deposits in the Vietnam Bank for Social Policies for workers being policy beneficiaries who work in South Korea under South Korea's Employment Permit System, Decree No. 9. 2. Article 73. 3. 3. The employee is entitled to unpaid 1 day off and shall notify his/her employer of the death of his/her paternal or maternal grandparent or sibling, or of the marriage of his/her parent or sibling. The Government shall decide on the national program on occupational safety and health. In case a foreman or similar intermediary fails to pay or fully pay wages and to guarantee other interests of employees, the employer who is the principal owner shall pay wages to, and guarantee the interests of, these employees. When the bargaining fails, the parties shall carry out procedures for settling labor disputes in accordance with this Code. Prohibition of unilateral actions pending the settlement of labor disputes. To refrain from practicing discrimination between the leased employees and its own employees regarding working conditions. The State shall encourage the employment of elderly workers as suitable to their health conditions to guarantee their right to work and efficiently use human resources. From January 01, 2021, seasonal labor contract is no longer in used. Termination Laws by State: What You Need to Know An enterprise may accede to a sectoral-level collective labor agreement or collective labor agreement involving more than one enterprise when such is consented to by all employers and employees representative organizations at the enterprises being signatories to the agreement, except the case specified in Clause 1, Article 84 of this Code. To contact the employer directly or through an employment service institution in order to find a job that meets his/her aspiration and suits his/her ability, occupational qualifications and health. 3. Enter your account name to recover your password. 1. It violates regulations on the order and procedures for carrying out a strike prescribed in this Code. 6. THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness. Occupational safety and health programs. 2. 1. Employees working in the fields of arts, physical training and sports, maritime, and aviation. Article 103. 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. Rights of agencies, organizations and persons competent to settle labor disputes. 2. 3. Employment Termination - FindLaw Before an enterprise-level collective labor agreement is signed, its draft which has been negotiated by the parties shall be sent to all employees of an enterprise for opinion. 2. Certain legal obligations and restrictions come into play when a company fires, lays off, or otherwise ends the employer-employee relationship. 1. Upon each time of wage payment, the employer shall notify employees of a list of wage recipients, which must clearly state every employees wage, overtime pay, night work pay, and deducted amount (if any) and reason for the deduction. Prohibited acts of employers when entering into and performing labor contracts. Strike decisions and notices of starting time of a strike. When a labor contract referred to at Point b, Clause 1 of this Article expires and the employee continues working: a/ Within 30 days from the date of expiration of the contract, the two parties shall sign a new labor contract; pending the signing of a new labor contract, the rights, obligations and interests of the two parties must comply with the old contract; b/ Past the above 30-day time limit, if the two parties do not sign a new labor contract, the contract entered into under Point b, Clause 1 of this Article will become an indefinite-term labor contract; c/ In case the two parties sign a new labor contract with a definite term, they may not sign another definite-term labor contract; if the employee continues working after the expiration of this contract, the two parties shall sign an indefinite-term labor contract, except labor contracts entered into by persons hired to work as directors of state capital-invested enterprises and the cases specified in Clause 1, Article 149, Clause 2, Article 151, and Clause 4, Article 177, of this Code. When employing minor workers, the employer must get the consent of their parents or guardians; make a separate book indicating the full name, date of birth, job being performed, and results of periodical health checks of each employee, and produce it at the request of a competent state agency. To assist in building nurseries and pre-primary classes, or cover part of childcare expenses for employees. To respect the honor and dignity of the domestic worker. 3. Before issuing or modifying internal working regulations, the employer shall consult the grassroots-level employees representative organization, if available. Employees in enterprises have the rights to establish, join and participate in activities of enterprise-based employees organizations under Articles 172, 173 and 174 of this Code. Article 84. Article 8. 2. 12. Article 17. This record is as legally valid as the collective labor agreement of an enterprise. Note: Special rules determine the amount of notice required in the case of mass terminations - where the employment of 50 or more employees is terminated at an employer's establishment within a four-week period. In case the employer other than an individual terminates operation, the time of termination of a labor contract is the time of issuance of the notice of operation termination. The contents of the labor contract are inconsistent with the contents of the granted work permit. Not exceeding 60 days, for holders of job titles requiring professional and technical qualifications of collegial or higher degree; 3. 2. SEPARATE PROVISIONS FOR FEMALE EMPLOYEES AND ASSURANCE OF GENDER EQUALITY. 3. Grassroots-level trade union organizations in the system of the Vietnam Trade Union organizations. E+W+S (1) If an employer gives notice to terminate the contract of employment of a person who has been continuously employed for one month or more, the provisions of sections 88 to 91 have effect as respects the liability of the employer for the period of notice required by section 86(1). For the employee who has worked for the employer for less than 12 months, the number of annual leave days shall be calculated in proportion to the number of months he/she has worked. Article 38. 3. To reach agreement with the leased employees and labor leasing enterprise in order to officially recruit the leased employees in case the labor contracts signed between the leased employees and labor leasing enterprise have not yet expired. The Government shall detail this Article. Termination of Employment & Dismissal in Malaysia Rights and obligations of the hiring party. To consult female employees or their representatives before deciding on issues related to the rights and interests of women. USDOL Handy Reference Guide to the Fair Labor Standards Act (FLSA) 1. 3. The working period used for calculating job-loss allowance is the total period during which the employee has actually worked for the employer minus the period during which the employee is covered by unemployment insurance in accordance with the law on unemployment insurance and the period for which the employee has received a severance allowance or job loss allowance from the employer. The age of retirement shall increase by 03 months per year for male employees and by 04 months per year for female employees. Cases in which a work permit ceases to be valid. In case the position or job agreed upon in the labor contract is no longer vacant and the employee still wishes to work, the two parties shall agree to modify the contract. A trike decision must have the following contents: a/ Results of the collection of opinions on a strike; b/ Starting time and location of the strike; dd/ Full name and contact address of the representative of the employees representative organization that organizes and leads the strike. Employers may not recruit and employ persons aged under full 13 years, except the jobs in the fields of arts and physical training and sports, provided that such jobs are not harmful to physical, intellectual and personality development of these persons, and shall get the consent of specialized agencies in charge of labor under provincial-level Peoples Committees. 1. Entry into more than one labor contract. 2. 2. 3. The Government shall detail this Article. 76/2019/ND-CP dated October 08, 2019 of the Government on policies towards officials, public servants, public employees, laborers and wage earners in the armed forces, working in areas with exceptionally difficult socio-economic conditions, Decree No. The employer and employee shall reach agreement on the form of wage payment based on time, product or piecework. Mistreating, sexually harassing, extracting forced labor or using violence against domestic workers. Working time and rest time for persons doing special jobs. 7. 5. For unscheduled inspection under decisions of competent persons in cases of emergency that pose threats to safety, life, health, honor or dignity of employees in the workplace, no advance notice is required. In case the rights, obligations and interests of the parties to the labor contract which is entered into before the effective date of the collective labor agreement are less beneficial than those stated in the agreement, the latter shall be applied. Conditions on foreign workers in Vietnam. 4. Critics of court's decision say it ushers in a new era of prejudice, and warn of an increase in discrimination Civil rights groups and Democrats reacted angrily to the US supreme court decision . 3. Responsibilities of agencies and organizations in labor dispute settlement. 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 record of unsuccessful conciliation must bear the signatures of the present disputing party and the labor conciliator. c/ Conditions and procedures for joining and withdrawing from the organization. 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. California, Montana and Nebraska prohibit employers from implementing a use-it-or-lose-it policy The following cases shall be regarded as economic reasons: b/ Implementation of the States policies and laws when restructuring the economy or implementing international commitments. 3. The two parties shall agree on and specify in the labor contract the form and term of wage payment, daily working hours and accommodation. Applying a fine or wage cut as a form of handling breaches of labor discipline. Employers shall fully implement solutions for ensuring occupational safety and health in the workplace. Principles of collective bargaining. Vietnamese citizens working for foreign organizations in Vietnam, working in industrial parks, economic zones, export processing zones or hi-tech zones, or working for foreign citizens in Vietnam shall comply with Vietnams law and are protected by law. In case the employer other than an individual receives a notice from the specialized agency in charge of business registration under the provincial-level Peoples Committee stating that it has no at-law representative or no person authorized to exercise the rights and perform the obligations of the at-law representative as prescribed in Clause 7, Article 34 of this Code, the time of termination of a labor contract is the date of issuance of such notice. 3. 5. Wages may be paid in cash or via employees personal bank accounts. 4. 4. The employee is sick or suffers an occupational accident or disease and is receiving medical treatment or undergoing a period of convalescence as prescribed by a competent health establishment, except the case specified at Point b, Clause 1, Article 36 of this Code. Employment & Labour Laws and Regulations China 2023 Employees aged under full 13 years may only perform the jobs prescribed in Clause 3, Article 145 of this Code. 3. To perform other obligations in accordance with law. d/ For a number of special occupations and jobs, the period of prior notification must comply with the Governments regulations. 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 employee does not wish to return to work, in addition to the amount prescribed in Clause 1 of this Article, the employer shall pay a severance allowance in accordance with Article 46 of this Code in order to terminate the labor contract. Enterprise-based employees organizations shall be established and may lawfully operate after being granted a registration certificate by a competent state agency. The Vietnamese enterprise, organization or partner or the foreign organization in Vietnam that employs foreign workers terminates operation. 2. At least 90 days before a collective labor agreement expires, the parties may start bargaining for the extension of the agreement or signing of a new one. Dismissal: your rights: Overview - GOV.UK If violating the provision on the period of prior notification in Clause 2, Article 36 of this Code, the employer shall pay the employee an amount equivalent to the latters wage stated in the labor contract for the days the employee does not work without being notified in advance of the contract termination. 3. 29/2023/ND-CP dated June 03, 2023 of the Government on public sector downsizing, Decision No. Article 16. Personal leaves, unpaid leaves. In case an enterprise has more than one grassroots-level employees representative organization but none of them meets the requirement prescribed in Clause 1 of this Article, these organizations may voluntarily collaborate with one another to request collective bargaining, provided that the total number of their members must reach the minimum ratio referred to in Clause 1 of this Article. In case more than one employee face the risk of unemployment or being dismissed for economic reasons, the employer shall formulate and implement a labor utilization plan in accordance with Article 44 of this Code. The modification of a collective labor agreement shall be carried out in the same way as the bargaining for signing a collective labor agreement. More than 12 hours before the starting time of a strike as stated in the strike decision. 1. When meeting with sudden difficulties such as natural disaster, fire or dangerous epidemic, or taking measures to prevent and respond to an occupational accident or disease or an electricity or water-related incident, or to meet production and business needs, the employer may temporarily assign the employee to perform a job other than that stated in the labor contract provided that the assignment period does not exceed 60 accumulated working days within 1 year; a longer assignment period shall be agreed in writing by the employee. To reimburse training costs to the employer in accordance with Article 62 of this Code. New UAE Labour Law: Significant Changes for Termination without Notice The principal contents of a probation contract include the probation period and the contents specified at Points a, b, c, dd, g and h, Clause 1, Article 21 of this Code. 34:11-4.4. 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. 1. Article 147. Contract of Employment Employment relationship . The employee is entitled to quit the job before the end of the contract and without prior notice in the following cases: If the employer or a representative has deceived the employee regarding working conditions at the time of concluding the contract. To promptly notify the employer of any possibilities and risks of accidents, threatening the safety, health, life and property of the employers family and his/her own. 1. The employer shall decide on and publicize bonus regulations at the workplace after consulting the grassroots-level employees representative organization, if available. Article 74. The employer shall hold a dialogue at the workplace: b/ Upon request of either party or both parties; c/ In the case specified at Point a, Clause 1, Article 36, or in Article 42, 44, 93, 104 or 118, or Clause 1, Article 128, of this Code. For a sectoral-level collective labor agreement or collective labor agreement involving more than one enterprise, 1 copy thereof shall be sent to every employer and employees representative organization at the enterprises being signatories to the agreement. Assurance of employment for employees; 4. Employees aged from full 13 years to under full 15 years may only perform the easy jobs on the list promulgated by the Minister of Labor, Invalids and Social Affairs. Employers and employees are encouraged to participate in other forms of insurance for employees. Maltreating employees or practicing forced labor. Article 186. 1. 4. New laws took effect July 1 in states across the country. What to know Article 197. To make a dossier stating the number of leased employees and the hiring party, and periodically send reports to the specialized agency in charge of labor affairs under the provincial-level Peoples Committee; 6. 3. Persons who violate the provisions of this Code shall, depending on the severity of their violations, be disciplined, administratively sanctioned or examined for penal liability, and shall pay compensation for damage, if any, in accordance with law. Agencies, organizations and persons competent to settle right-based collective labor disputes include: 2. 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. The Government shall define the functions, tasks, organizational structure and operation of the National Wage Council. Conditions for employees to enjoy pension when suffering working capacity decrease. 3. 1. 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. The U.S. Department of Labor (DOL) administers and enforces more than 180 federal laws. Requirements during the statutory notice period. The duration of a labor contract for a domestic worker shall be agreed upon by the two parties. Upon the expiration of the suspension period, the employer must reinstate the employee. 3. The employer shall provide the employee with truthful information about the job, workplace, working conditions, working hours, rest periods, occupational safety and health, wage, forms of wage payment, social insurance, health insurance, unemployment insurance, regulations on business secret, technological know-how, and other issues directly related to the conclusion of the employment . The number of each partys representatives to participate in collective bargaining must not exceed that specified in Clause 1 of this Article, unless such excess is agreed by the other party. 2. 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. 1. Only enterprises that have more than 50% of the consulted persons casting votes for may sign such agreement. In addition to the contents referred to in Clause 1 of this Article, the parties may choose one or more than one of the following contents for holding a dialogue: a/ Production and business situation of the employer; b/ Performance of labor contracts, collective labor agreement, internal working regulations, and other commitments and agreements at the workplace; d/ Requirements of employees and employees representative organization toward the employer; dd/ Requirements of the employer toward employees and employees representative organization; e/ Other contents which concern either party or both parties.
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