What is collective bargaining in Vietnam? Who is the composition of the collective bargaining council in Vietnam?
What is collective bargaining in Vietnam?
According to Article 65 of the 2019 Labor Code of Vietnam on collective bargaining as follows:
Collective bargaining
Collective bargaining is a process of negotiation between a party that consists of one or several representative organization of employees and another party that consists of one or several employers or employer representative in order to regulate working conditions, relationship between the parties and develop progressive, harmonious and stable labor relations.
Thus, according to regulations, collective bargaining is a process of negotiation between a party that consists of one or several representative organization of employees and another party that consists of one or several employers or employer representative in order to regulate working conditions, relationship between the parties and develop progressive, harmonious and stable labor relations.
At the same time, Article 67 of the 2019 Labor Code of Vietnam provides for the content of collective bargaining as follows:
The parties may include one or some of the following issues in the collective bargaining:
- Salary, bonus, allowances, pay rise, means and other benefits;
- Labor rates, working hours, rest periods, overtime work, rest breaks at work;
- Employment security for the workers;
- Occupational safety and health; implementation of the internal labor regulations;
- Conditions and equipment of the representative organization of employees; the relationship between the employer and the representative organization of employees;
- Mechanism and methods for prevention and settlement of labor disputes;
- Assurance of gender equality, maternity protection, annual leaves; actions against violence and sexual harassment in the workplace;
- Other issues of concern to either or both parties.
What is collective bargaining in Vietnam? Who is the composition of the collective bargaining council in Vietnam? (Image from the Internet)
What are the regulations on sectoral collective bargaining, multi-enterprise collective bargaining in Vietnam?
Pursuant to the provisions of Article 72 of the 2019 Labor Code of Vietnam on sectoral collective bargaining, multi-enterprise collective bargaining as follows:
Sectoral collective bargaining, multi-enterprise collective bargaining
1. The principles and contents of sectoral collective bargaining and multi-enterprise collective bargaining shall comply with Article 66 and Article 67 of this Labor Code.
2. The procedures for holding sectoral collective bargaining and multi-enterprise collective bargaining shall be negotiated by the parties, including collective bargaining via a collective bargaining council specified in Article 73 of this Labor Code.
3. In case of a sectoral collective bargaining, the representatives shall be the sectoral trade union and sectoral employer representative organizations.
In case of a multi-enterprise collective bargaining, the representatives shall be decided by the parties.
Who is the composition of the collective bargaining council in Vietnam?
According to Article 73 of the 2019 Labor Code of Vietnam on multi-enterprise collective bargaining via a collective bargaining council as follows:
Multi-enterprise collective bargaining via a collective bargaining council
1. By consensus, the parties to a multi-enterprise collective bargaining may request the People’s Committee of the province where they are headquartered (or a province they choose if they are headquartered in different provinces) to establish a collective bargaining council.
2. Upon receipt of the said request, the People’s Committee of the province shall issue a decision to establish a collective bargaining council. A collective bargaining council consists of:
a) A chairperson who is chosen by the parties and has the responsibility to operate the council and assist in the process of collective bargaining.
b) Representatives appointed by each party. The number of representatives of each party who participate in the council shall be agreed upon by the parties;
c) Representatives of the People’s Committee of the province.
3. The collective bargaining council shall hold the collective bargaining at the request of the parties and shall be dismissed when a multi-enterprise collective bargaining agreement is concluded or when the dismissal is agreed upon by the parties.
4. The Minister of Labor, War Invalids and Social Affairs shall provide for the functions, duties and operation of collective bargaining councils.
Thus, according to regulations, upon receipt of the said request, the People’s Committee of the province shall issue a decision to establish a collective bargaining council. A collective bargaining council consists of:
- A chairperson who is chosen by the parties and has the responsibility to operate the council and assist in the process of collective bargaining.
- Representatives appointed by each party. The number of representatives of each party who participate in the council shall be agreed upon by the parties;
- Representatives of the People’s Committee of the province.
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