Do employees have to comply with the collective bargaining agreement in Vietnam?

A collective bargaining agreement means an agreement that is reached through a collective bargaining and concluded in writing by the parties. Therefore, do employees have to comply with the collective bargaining agreement in Vietnam?

Do employees have to comply with the collective bargaining agreement in Vietnam? (illustration)

1. Is the implementation of the collective bargaining agreement mandatory in Vietnam?

- 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.

- 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.

- 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.

2. Effect of collective bargaining agreement in Vietnam

- 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.

- The enterprise collective labor agreement is valid for the employer and all employees of the enterprise. 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.

(Articles 75, 78, 79 of Labor Code 2019)

Diem My

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