What is the number of representatives of each party participating in the collective bargaining in Vietnam? Must minutes of the collective bargaining meeting be taken?
What is the number of representatives of each party participating in the collective bargaining in Vietnam?
According to Article 69 of the 2019 Labor Code of Vietnam stipulating the collective bargaining representatives at enterprises as follows:
Representatives of the parties to the collective bargaining
1. The number of representatives of each party participating in the collective bargaining shall be agreed by the two parties.
2. The participants of each party in the collective bargaining shall be decided by the party.
In case more than one representative organization of employees participate in the collective bargaining as prescribed in Clause 2 Article 68 of this Labor Code, they may negotiate the number of representatives of each organization.
In the case specified in Clause 3 Article 68 of this Labor Code, the number of representatives of each organization shall be negotiated by the organizations. If an agreement cannot be reached, each organization shall decide the number of its representative based on the ratio of its members to the total number of members.
3. Each party to the collective bargaining may invite representatives from its superior organization and this has to be accepted by the other parties. The representatives of each party to the collective bargaining must not exceed the agreed quantity mentioned in Clause 1 of this Article, unless otherwise agreed by the other parties.
Thus, according to regulations, the number of representatives of each party participating in the collective bargaining shall be agreed by the two parties.
What is the number of representatives of each party participating in the collective bargaining in Vietnam? Must minutes of the collective bargaining meeting be taken? (Image from the Internet)
Must minutes of the collective bargaining meeting be taken?
Pursuant to Article 70 of the 2019 Labor Code of Vietnam, the collective bargaining procedures at enterprises are as follows:
Collective bargaining procedures
1. Whenever collective bargaining is requested by a representative organization of employees in accordance with Article 68 of this Labor Code, the requested party must not refuse to hold the collective bargaining.
Within 07 working days from the day on which the request and the agenda are received, the parties shall agree upon the location and starting time for the bargaining.
The employer shall prepare time, location and other conditions for holding collective bargaining meetings.
The collective bargaining must be held within 30 days from the day on which the request is received.
2. The duration of a collective bargaining must not exceed 90 days from its starting day, unless otherwise agreed by the parties.
The employees’ representatives shall be fully paid for the time spent participating in the collective bargaining meetings. The time a member of the representative organization of employees spends participating in the collective bargaining meetings shall not be included in the time specified in Clause 2 Article 176 of this Labor Code.
3. During the course of collective bargaining, if the employee’s party requests the employer’s party to provide information on the business performance and other information relevant to the collective bargaining issues, with the exception of business secrets, technological know-how of the employer, such information must be provided within 10 days from the day on which such request is received.
4. Other representative organizations of employees may discuss with the employees about the contents, methods and results of the collective bargaining.
The representative organization of employees may decide the time, location and method of discussion or survey as long as it does not affect the enterprise’s normal business operation.
The employer must not obstruct or interfere with the discussion or survey held by the representative organization of employees.
5. Minutes of the bargaining meeting must be taken and it must specify the issues which have been agreed upon by the parties and issues that remain controversial. The minutes shall bear the signatures of the parties and the record maker. The representative organization of employees shall make the minutes of the collective bargaining available to all employees.
Thus, minutes of the bargaining meeting must be taken and it must specify the issues which have been agreed upon by the parties and issues that remain controversial. The minutes shall bear the signatures of the parties and the record maker. The representative organization of employees shall make the minutes of the collective bargaining available to all employees.
What are the issues for collective bargaining in Vietnam?
Pursuant to the provisions of Article 67 of the 2019 Labor Code of Vietnam on the issues for collective bargaining as follows:
Issues for collective bargaining
The parties may include one or some of the following issues in the collective bargaining:
1. Salary, bonus, allowances, pay rise, means and other benefits;
2. Labor rates, working hours, rest periods, overtime work, rest breaks at work;
3. Employment security for the workers;
4. Occupational safety and health; implementation of the internal labor regulations;
5. Conditions and equipment of the representative organization of employees; the relationship between the employer and the representative organization of employees;
6. Mechanism and methods for prevention and settlement of labor disputes;
7. Assurance of gender equality, maternity protection, annual leaves; actions against violence and sexual harassment in the workplace;
8. Other issues of concern to either or both parties.
Thus, the parties may include one or some of the above issues in the collective bargaining.
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