How much is the administrative penalty imposed on the employer who fails to hold a dialogue at the workplace in Vietnam?
When should an employer hold a dialogue at the workplace in Vietnam?
According to Article 63 of the 2019 Labor Code of Vietnam on the organization of dialogue at the workplace as follows:
Organization of dialogue at the workplace
1. Dialogue at the workplace means the sharing of information, discussion between the employer and employees or representative organization of employees regarding the issues relevant to the rights and interests of the parties at the work place in order to strengthen the understanding, cooperation and work out mutually beneficial solutions.
2. Dialogue at the workplace shall be held by the employer:
a) at least once a year;
b) whenever requested by one or both party;
c) in any of the events specified in Point a Clause 1 Article 36, Articles 42, 44, 93, 104, 118 and Clause 1 Article 128 of this Labor Code.
3. Employers, employees and representative organizations of employees are encouraged to hold dialogues in occasions other than those specified in Clause 2 of this Article.
4. The Government shall provide for organization of dialogue and implementation of democracy regulations at the workplace.
Thus, according to regulations, the employer must hold a dialogue at the workplace in the following cases:
- at least once a year;
- whenever requested by one or both party;
- in any of the events specified in Point a Clause 1 Article 36, Articles 42, 44, 93, 104, 118 and Clause 1 Article 128 of this Labor Code.
How much is the administrative penalty imposed on the employer who fails to hold a dialogue at the workplace in Vietnam? (Image from the Internet)
How much is the administrative penalty imposed on the employer who fails to hold a dialogue at the workplace in Vietnam?
Pursuant to the provisions of Article 15 of Decree No. 12/2022/ND-CP, violations against regulations on dialogue at workplace are prescribed as follows:
Violations against regulations on dialogue at workplace
A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for commission of one of the following violations:
1. Failing to formulate, promulgate or revise the workplace democracy regulations in accordance with regulations of law.
2. Failing to hold periodic dialogue at the workplace; failing to hold a dialogue as requested; failing to cooperate in holding employees‘ meetings in accordance with regulations of law.
3. Failing to publicly disclose main contents of the dialogue or the workplace democracy regulations in accordance with regulations of law.
4. Failing to arrange location, time and other material conditions necessary for holding the dialogue at the workplace.
5. Failing to appoint or appointing unqualified person(s) to act as the employer’s representative(s) at the dialogue at the workplace.
6. Failing to submit reports on holding of dialogue at the workplace and implementation of workplace democracy regulations to competent labor authorities upon their request.
Thus, the employer failing to hold periodic dialogue at the workplace; failing to hold a dialogue as requested; failing to cooperate in holding employees‘ meetings in accordance with regulations of law may face an administrative fine of up to VND 10,000,000.
What are the contents of dialogue at the workplace in Vietnam?
According to the provisions of Article 64 of the 2019 Labor Code of Vietnam on the contents of dialogue at the workplace as follows:
Contents of dialogue at the workplace
1. Mandatory contents are specified in Point c Clause 2 Article 63 of this Labor Code.
2. Apart from the mandatory contents mentioned in Clause 1 of this Article, the parties may include one or some of the following issues in the dialogue:
a) Business performance of the employer;
b) Performance of the employment contracts, collective bargaining agreement, internal labor regulations, other commitments and agreements at the workplace;
c) Working conditions;
d) Requests of employees and representative organization of employees to the employer;
dd) Requests of employer to the employees and the representative organization of employees;
e) Other issues of concern to either or both parties.
Thus, the contents that employers must conduct dialogue include:
- When there are any of the events specified in Point a Clause 1 Article 36, Articles 42, 44, 93, 104, 118 and Clause 1 Article 128 of Clause 1, Article 128 of the 2019 Labor Code of Vietnam.
- Business performance of the employer;
- Performance of the employment contracts, collective bargaining agreement, internal labor regulations, other commitments and agreements at the workplace;
- Working conditions;
- Requests of employees and representative organization of employees to the employer;
- Requests of employer to the employees and the representative organization of employees;
- Other issues of concern to either or both parties.
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