What are matters subject to employees’ comment before the state enterprise of Vietnam comes to its final decision?
What are matters subject to employees’ comment before the state enterprise of Vietnam comes to its final decision?
Pursuant to the provisions of Article 71 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Matters subject to employees’ comments
1. Matters subject to employees’ comment before the state enterprise comes to its final decision shall be comprised of the following:
a) Formulation, revision and modification of internal rules, regulations and other documents of the enterprise relating to the obligations, legitimate rights and interests of each employee;
b) Formulation, revision and modification of the pay scale, table and labor norms;
c) Management of implementation of solutions for improvement of working condition, environmental protection, fire safety; corruption and misconduct prevention and control;
d) Draft internal processes and procedures relating to settlement of labor disputes, sanctions against breach of labor disciplines, physical responsibilities and other matters relating to rights and obligations of employees that the enterprise consult with;
dd) Draft regulations on implementation of democracy of the enterprise;
e) Other matters relating to rights and obligations of employees prescribed in law and regulations on implementation of democracy within the enterprise.
2. The matters that employees give their comments on at the request of the employee representation organization shall be comprised of the following:
a) Content and form of the collective bargaining agreement;
b) Content and form of the dialogue to be held at a state enterprise.
Thus, employees are allowed to comment on the above matters before the state enterprise comes to its final decision.
What are matters subject to employees’ comment before the state enterprise of Vietnam comes to its final decision?
What are the forms of employee’s comment?
Pursuant to the provisions of Article 72 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Forms of employee’s comment
Based on the characteristics, nature of activities and contents of the employee comment, employees at a state enterprise may give their comments through one or several of the following forms:
1. Directly or with the help of the head directly in charge of the unit or department of an enterprise, giving their comments or opinions;
2. Through the employee representation organization or group of representatives to the employee meeting;
3. Through the dialogue at the enterprise;
4. Giving their comments or opinions via the feedback mailbox, hotline, internal information system, web portal or website of the enterprise;
5. Others that are not in contravention of laws and are prescribed in regulations on implementation of democracy at the enterprise.
Thus, employees at a state enterprise may give their comments through one or several of the above forms.
Employees at a state enterprise shall, based on the characteristics, nature of activities and contents of the employee comment, choose the appropriate form.
Do state enterprises have to organize workplace dialogues for employees at the enterprise?
Pursuant to the provisions of Article 73 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Organizing workplace dialogues
1. State enterprises shall have a duty to organize an annual dialogue with their employees and employee representation organizations; hold dialogues at the request of one or the parties or in other cases as prescribed by law to share information, consult with, discuss and exchange opinions between the employing entity and the employees or the employee representation organization on issues related to the rights, interests and concerns of parties in the workplace in order to enhance understanding, cooperation, and joint efforts towards mutually beneficial solutions.
2. Organization of the dialogue at the workplace shall be subject to laws on labor and regulations on implementation of democracy at the enterprise.
Thus, state enterprises shall have a duty to organize an annual dialogue with their employees and employee representation organizations.
Who is responsible for conducting employee comment?
Pursuant to the provisions of Article 74 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Responsibilities for conducting employee comment
1. The leadership of a state enterprise shall be responsible for conducting an opinion poll to collect comments and opinions from employees on the matters specified in Article 71 of this Law; directing the receipt and consolidation of opinions and feedback from employees; studying, handling and responding to the opinions of participants, and announce explanations, clarifications or responses to employees.
2. The Executive Committee of the Trade Union and other employee representation organization (if any) of the enterprise shall cooperate in conducting an opinion poll; supervise the employee consultation process, the results of explanation and response to and implementation of the issues on which staff members comment; consult before the head of the workplace decides to impose regulations on implementation of democracy within the workplace.
3. Party, Trade Union members and employees within a state enterprise shall have the responsibility to play active roles in contributing and giving opinions or comments to enterprises in order to better ensure the rights and interests of employees; build a harmonious and stable labor relationship; and contribute to the sustainable development of enterprises; monitoring, evaluating and supervising the consolidation, explanation and acceptance of opinions on the matters that have been tabled for employee comments, and the process of implementation of decisions related to these matters.
According to the above regulations, the leadership of a state enterprise shall be responsible for conducting an opinion poll to collect comments and opinions from employees.
At the same time, the Executive Committee of the Trade Union and other employee representation organization (if any) of the enterprise shall cooperate in conducting an opinion poll.
The 2022 Law on Implementation of Grassroots-level Democracy in Vietnam takes effect from July 1, 2023.
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