When is the effective date of collective bargaining agreements in Vietnam? What are the regulations on implementation of enterprise-level collective bargaining agreements in Vietnam?
When is the effective date of collective bargaining agreements in Vietnam?
According to Article 78 of the 2019 Labor Code of Vietnam on the effective date and effective period of collective bargaining agreements as follows:
Effective date and effective period of collective bargaining agreements
1. The effective date of a collective bargaining agreement shall be agreed upon by the parties and specified in the agreement itself. In case the parties do not agree upon an effective date, the collective bargaining agreement shall be effective on its conclusion date.
An effective collective bargaining agreement shall be upheld by the parties.
2. An enterprise-level effective collective bargaining agreement shall be binding on the employer and all employees of the enterprise. An effective sectoral or multi-level collective bargaining agreement shall be binding on all employers and employees of the participating enterprises.
3. The effective period of a collective bargaining agreement shall 01 – 03 years. The specific effective period shall be agreed upon by the parties and specified in the collective bargaining agreement. The parties may agree upon various effective periods for different parts of a collective bargaining agreement.
Thus, according to regulations, the effective date of a collective bargaining agreement shall be agreed upon by the parties and specified in the agreement itself. In case the parties do not agree upon an effective date, the collective bargaining agreement shall be effective on its conclusion date.
- An effective collective bargaining agreement shall be upheld by the parties.
When is the effective date of collective bargaining agreements in Vietnam? What are the regulations on implementation of enterprise-level collective bargaining agreements in Vietnam? (Image from the Internet)
What are the regulations on implementation of enterprise-level collective bargaining agreements in Vietnam?
According to the provisions of Article 79 of the 2019 Labor Code of Vietnam on the implementation of enterprise-level collective bargaining agreements as follows:
Implementation of enterprise-level collective bargaining agreements
1. The employer and the employees, including new employees who are employed after the collective bargaining agreement has come into effect, shall be responsible for the full implementation of the effective collective bargaining agreement.
2. Where the rights, responsibilities and interests of the parties stipulated in the employment contract which were concluded before the effective date of the collective bargaining agreement are less favorable than those of respective provisions provided in the collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail. Internal labor regulations of the employer which are not conformable with the collective bargaining agreement shall be revised accordingly. Provisions of the collective bargaining agreement shall apply until such revisions are made.
3. Where a party considers that the other party does not perform fully or violates the provisions of the collective bargaining agreement, the former has the right to request the latter to fully comply with the agreement, and both parties must jointly settle the issue. In case of failure to settle the issue, either party has the right to request settlement of the collective labor dispute in accordance with the law.
Thus, the implementation of enterprise-level collective bargaining agreements is prescribed as above.
At the same time, according to the provisions of Article 80 of the 2019 Labor Code of Vietnam as follows:
Implementation of an enterprise-level collective bargaining agreement upon full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise
1. Upon full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of an enterprise, the succeeding employer and representative organization of employees mentioned in Article 68 of this Labor Code shall consider revising the existing enterprise-level collective bargaining agreement or concluding a new one, In consideration of the labor utilization plan.
2. In case a collective bargaining agreement expires because the employer ceases its operation, the rights and interests of the employees shall be settled in accordance with the law.
Thus, the implementation of enterprise-level collective bargaining agreements in the case of full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of an enterprise is prescribed above.
When is a collective bargaining agreement revised?
Pursuant to the provisions of Article 82 of the 2019 Labor Code of Vietnam on revisions of collective bargaining agreements as follows:
Revisions of collective bargaining agreements
1. A collective bargaining agreement may only be amended by the parties through collective bargaining on a voluntary basis.
The process of revising a collective bargaining agreement shall be the same as that of the negotiation and conclusion of a collective bargaining agreement.
2. In case a change in law results in the collective bargaining agreement being unsuitable with the new law, the parties must revise the collective bargaining agreement accordingly within 15 days from the date on which the new legal provisions come into effect. During the process of revising the collective bargaining agreement, the rights and interests of the employees will be ensured in accordance with the law.
Thus, the revisions of collective bargaining agreements are stipulated as above.
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