[Vnbiz] Law and ethics

[Tran Dinh Hoanh]

Dear Brother Phong,

The employer pays federal unemployment tax.  Employees don't pay this tax.

In Virginia, the employer also pays Virginia unemployment tax.  Employees
don't pay this tax.

In other words, employers pay everything, employees pay nothing (as far as
unemployment insurance in Virginia is concerned).  (The unemployment
compensation system works like insurance, so we can call that unemplolyment
insurance).

In Virginia, if the employee is discharged for fault, s/he will not be
entitled to unemployment benefit.

Have a great day!

Hoanh


On 8/20/07, Hong-Phong_Pho at ita.doc.gov <Hong-Phong_Pho at ita.doc.gov> wrote:
>
> [ Vietnam Business Forum ]
>
>
>
>
> Dear anh Hoanh,
> Doesn't an unemployed worker, regardless of how he/she becomes unemployed,
> still gets unemployment insurance benefits that he/she helped pay into?
> Best,  HPP
>
>
>
>   *"Tran Dinh Hoanh" <tdhoanh at gmail.com>*
> Sent by: vnbiz-bounces at mail.saigon.com
>
> 08/19/2007 01:25 PM   Please respond to
> vnbiz at vietlinks.net
>
>    To
> vnbiz at vietlinks.net  cc
>   Subject
> [Vnbiz] Law and ethics
>
>
>
>
> [ Vietnam Business Forum ]
>
> Dear Brother Shandon & CACC,
>
> This is a general response to brother Shandon's post, but the primary
> purpose is to clarify the difference between law and ethics in management
> for some folks who may have been confused.
>
> Let's take a company.
>
> 1.  The company's law say, "Come to work on time. Do not come late."
>
> No law can say, "Work hard like you want to conquer the world."  This is
> work ethics.  The leadership of the company has to be smart enough to
> motivate people to work like they want to conquer the world.
>
> 2.  The company's law say: "Do not sexually harass other employees, do not
> defame them, do not beat them physically."
>
> No law can say: "Treat your fellow employees as your best friends, your
> family members, bond well with them, love your fellow workers."  This is the
> ethical inspiration that a leader must create himself.
>
> 3.   The company's law say, "Be fair."  No law can say, "Be generous."
>
> These three examples show that the law is only to demand the minimum level
> of conduct of people in the company.  For the company to win over all
> competitors, the leader cannot simply just reply on the law and keep the
> people's conduct low at the floor level. He must use ethical inspiration to
> bring people to a higher level.  Both law and ethics have their role in
> management--the law is the floor to insure stability.  Ethics is the
> unlimited ceiling (shooting for the star!) to bring every one to a higher
> level of operation.
>
> These 3 examples are real examples in companies I manage and bring them to
> success.   For examples, every time I fire an employees for wrongful
> conduct, I usually tell the government's unemployment commission that "I
> don't need her anymore, so I let her go."   That would allow her to collect
> unemployment compensation while looking for another job (while hurting me by
> increasing the amount I have to pay for the company's unemployment
> insurance) .  If I tell the commission the real reason and if it agrees with
> me, then the fired worker will not able to collect any compensation.  Other
> employees of mine love this approach.  They agree that the other employee
> should be fired for the team's benefit and strength, but they can see my
> effort to help even the one I fired.  They are therefore highly motivated.
> That is management by ethical inspiration:  "Love your fellow human being"
> or "Be generous."
>
> The law is for the bottom line of conduct, the minimum level of conduct to
> survive.  Ethical inspiration may bring people to greatness.  That is the
> difference.   Companies and nations that rely only on the law will stay
> mediocre, companies and nations that rely on both law and ethics will win
> greatness.
>
> Have a great day!
>
> Hoanh
>
>
> On 8/18/07, *Shandon Phan* <*shandonphan at gmail.com*<shandonphan at gmail.com>>
> wrote:
> [ Vietnam Business Forum ]
>
>
>
> The rule of law and the rights and responsibilities of citizens are
> inter-related.  The rule of law acts as the foundation for the development
> of active and responsible citizenry.  The rule of law is not simply the law
> as anh Hoanh continues to argue to make his point or preference for
> "character development."  The rule of law is a princile of governance under
> which sound laws and policies are part but not the complete solution.  The
> issue of good/bad management that anh Hoanh kept referring to is called
> "good governance" capability, which could be broken down to 1) establishment
> of sound laws & policies, 2) effective enforcement of the law; and 2)
> capable law enforcer.
>
> Because the law in VN is messy, unsophisticated and many times illogical
> with many holes in it, many serious violations went unpunished because the
> law was not as thoroughly developed to address those issues.  Even when the
> law could be applied, it was not appropriately and fairly enforced because
> there's no accountability, transparency, and a system of checks and balances
> put in place.  The police officer is an agent of the State, he's supposed to
> follow, uphold and enforce the law.  Yet, he is the one who violates the
> law.  And his superior turns blind, either out of willingness, pressure or
> ignorance.
>
> The rule of law, not simply the law as anh Hoanh has misunderstood, will
> provide the structure to manage society, to encourage good, responsible
> behavior of citizens, and hold those wrongdoers responsible, whether such
> individuals acted as agents of the State or on their own behalf.  Governance
> is a matter of both leadership and management.  If the rule of law is well
> developed, the police officer will be prosecuted and fired from his
> position.  If his superior does not act, he will be held responsible as
> well.  The doctrine of commander responsibility will be applied here.
>
> VN does not lack men with vision, intellect, leadership, and good
> character.  What it lacks is a system that would provide these men and women
> the framework for them to carry out their ideas and contribute to their
> country.  The rule of law is necessary and crucial in that sense.  Not
> simply the law as in its limited technical sense in anh Hoanh's argument.
>  VN, just like its bigger brother China, has so far developed many sets of
> laws under its legal reform program, and borrowed numerous legal norms from
> Western societies.  But it still has a long way to go in order to establish
> the rule of law.  When I look at Chinese legal system, I see the Chinese is
> way ahead of the Vietnamese in terms of legal reform.  But even the Chinese
> leaders acknowledge that the development of the rule of law, perceived as a
> threat against the CCP's political dictatorship, is necessary for the CCP's
> survival and China's continuing development and prosperity.  They also
> realize that individual's development will automactically follow once they
> have the rule of law in place.
>
> Sincerely,
>
> Shandon
>
>



-- 
Tran Dinh Hoanh, Esq., LLB, JD
Washington DC
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