How much is the administrative penalty imposed upon the employer refusing to participate in the collective bargaining when receiving a request for collective bargaining in Vietnam?
- When is the representative organization of employees entitled to request collective bargaining in Vietnam?
- How much is the administrative penalty imposed upon the employer refusing to participate in the collective bargaining when receiving a request for collective bargaining in Vietnam?
- In what cases is collective bargaining considered failed?
When is the representative organization of employees entitled to request collective bargaining in Vietnam?
According to Article 68 of the 2019 Labor Code of Vietnam on the right to request collective bargaining of the internal representative organization of employees as follows:
The right to request collective bargaining of the internal representative organization of employees
1. The representative organization of employees has the right to request collective bargaining whenever it reaches the minimum number of members as prescribed by the Government.
2. In case an enterprise has more than one internal representative organization of employees that satisfies the requirements in Clause 1 of this Article, the one that has the most members will have the right to request the collective bargaining. Other representative organizations of employees may participate in the collective bargaining if agreed by the requesting organization.
3. If none of the employees‘ representative organizations of an enterprise satisfies the requirements in Clause 1 of this Article, they may request collective bargaining if their total number of members reaches the minimum number specified in Clause 1 of this Article.
4. The Government shall provide for settlement of disputes among the parties over the right to request collective bargaining.
Thus, according to regulations, the representative organization of employees has the right to request collective bargaining whenever it reaches the minimum number of members as prescribed by the Government.
How much is the administrative penalty imposed upon the employer refusing to participate in the collective bargaining when receiving a request for collective bargaining in Vietnam? (Image from the Internet)
How much is the administrative penalty imposed upon the employer refusing to participate in the collective bargaining when receiving a request for collective bargaining in Vietnam?
Pursuant to Article 16 of Decree No. 12/2020/ND-CP, violations against regulations on collective bargaining and collective bargaining agreements are prescribed as follows:
Violations against regulations on collective bargaining and collective bargaining agreements
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to send the collective bargaining agreement to the labour authority affiliated to the People's Committee of province where it is headquartered;
b) Failing to pay costs of negotiation, conclusion, revision, submission and announcement of the collective bargaining agreement;
c) Providing late or inaccurate information on the business performance and other information relevant to the collective bargaining issues as requested by the employees’ representative to serve the collective bargaining;
d) Failing to make the concluded collective bargaining agreement publicly available to their employees.
2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to provide information on the business performance and other information relevant to the collective bargaining issues as requested by the employees’ representative to serve the collective bargaining;
b) Failing to arrange time, location or other conditions necessary for holding the collective bargaining meetings.
3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an employer for commission of one of the following violations:
a) Refusing to participate in the collective bargaining when receiving a request for collective bargaining;
b) Implementing the collective bargaining agreement which has been declared invalid;
c) Causing difficulties to, obstructing or interfering with the survey conducted by the representative organization of employees to collect employees’ opinions.
Thus, an employer refusing to participate in the collective bargaining when receiving a request for collective bargaining may be subject to an administrative fine of up to VND 15,000,000.
The above fine is imposed on individuals, the fine imposed on organizations is equal to 02 times the fine imposed on individuals for the same violation.
In what cases is collective bargaining considered failed?
Pursuant to the provisions of Article 71 of the 2019 Labor Code of Vietnam on failed collective bargaining as follows:
Failed collective bargaining
1. A collective bargaining is considered failed in any of the following circumstances:
a) A party refuses to participate in the collective bargaining or the collective bargaining is not held within the time limit specified in Clause 1 Article 70 of this Labor Code;
b) An agreement cannot be reached within the time limit specified in Clause 2 Article 70 of this Labor Code;
c) The parties declare that the collective bargaining has failed before expiration of the time limit specified in Clause 2 Article 70 of this Labor Code.
2. In case the bargaining fails, the parties may initiate labor dispute settlement procedures as prescribed in this Labor Code. During the labor dispute settlement, the representative organization of employees must not call a strike.
Thus, according to regulations, a collective bargaining is considered failed in any of the following circumstances:
- A party refuses to participate in the collective bargaining or the collective bargaining is not held within the time limit specified in Clause 1 Article 70 of this Labor Code;
- An agreement cannot be reached within the time limit specified in Clause 2 Article 70 of this Labor Code;
- The parties declare that the collective bargaining has failed before expiration of the time limit specified in Clause 2 Article 70 of this Labor Code.
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