What is a collective bargaining agreement in Vietnam? Who are the subjects of survey of sectoral collective bargaining agreements in Vietnam?
What is a collective bargaining agreement in Vietnam?
According to Article 75 of the 2019 Labor Code of Vietnam, the collective bargaining agreement is as follows:
Collective bargaining agreements
1. A collective bargaining agreement means an agreement that is reached through a collective bargaining and concluded in writing by the parties.
Collective bargaining agreements include enterprise-level collective bargaining agreements, sectoral collective bargaining agreements, multi-enterprise collective bargaining agreements and other types of collective bargaining agreements.
2. The contents of a collective bargaining agreement must not be contrary to the law, and should provide for the terms and conditions that are more favorable to the employees than those provided by law.
Thus, according to regulations, a collective bargaining agreement means an agreement that is reached through a collective bargaining and concluded in writing by the parties.
- Collective bargaining agreements include enterprise-level collective bargaining agreements, sectoral collective bargaining agreements, multi-enterprise collective bargaining agreements and other types of collective bargaining agreements.
What is a collective bargaining agreement in Vietnam? Who are the subjects of survey of sectoral collective bargaining agreements in Vietnam? (Image from the Internet)
Who are the subjects of survey of sectoral collective bargaining agreements in Vietnam?
According to Article 76 of the 2019 Labor Code of Vietnam on survey and conclusion of collective bargaining agreements as follows:
Survey and conclusion of collective bargaining agreements
1. Before an enterprise-level collective bargaining agreement is concluded, its draft must be made available for comment by all employees of the enterprise. An enterprise-level collective bargaining agreement shall only be concluded if it is voted for by more than 50% of the enterprise’s employees.
2. A sectoral collective bargaining agreement shall be available for comment by all members of the management boards of the representative organizations of employees of the enterprises participating in the bargaining. A sectoral collective bargaining agreement shall only be concluded if it is voted for by more than 50% of the voters.
A multi-enterprise collective bargaining agreement shall be available for comment by all employees of the enterprises participating in the bargaining or members of management boards of the representative organizations of employees thereof. Only an enterprise more than 50% of employees of which vote for the multi-enterprise collective bargaining agreement may participate in its conclusion.
3. The time and location for casting votes on a draft collective bargaining agreement shall be decided by the representative organization of employees as long as it does not affect the participating enterprises’ normal business operation. The employers must not obstruct or interfere with process of voting on the draft agreement by the representative organizations of employees.
4. A collective bargaining agreement shall be concluded by legal representatives of the parties.
In case a multi-enterprise collective bargaining agreement is negotiated via a collective bargaining council, it shall be concluded by the chairperson of the council and legal representatives of the parties.
5. A copy of the collective bargaining agreement shall be sent to every party and the provincial labor authority in accordance with Article 77 of this Labor Code.
In case of a sectoral or multi-enterprise collective bargaining agreement, each employer and representative organization of employees of the participating enterprises shall receive 01 copy.
6. After a collective bargaining agreement is concluded, the employer must make publicly available to their employees.
7. The Government shall elaborate this Article.
Thus, according to the above regulations, sectoral collective bargaining agreement shall be available for comment by all members of the management boards of the representative organizations of employees of the enterprises participating in the bargaining. A sectoral collective bargaining agreement shall only be concluded if it is voted for by more than 50% of the voters.
What is the time limit for sending the signed collective bargaining agreement?
Pursuant to the provisions of Article 77 of the 2019 Labor Code of Vietnam on sending the collective bargaining agreement as follows:
Sending the collective bargaining agreement
Within 10 days from the day on which a collective bargaining agreement is concluded, the employer shall send 01 copy to the provincial labor authority in the same province where the enterprise is headquartered.
Thus, according to the regulations, within 10 days from the day on which a collective bargaining agreement is concluded, the employer shall send 01 copy to the provincial labor authority in the same province where the enterprise is headquartered.
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