Does draft collective bargaining agreement have to consult all employees in the company in Vietnam?
Does draft collective bargaining agreement have to consult all employees in the company in Vietnam? What is survey collection of employees on sectoral collective bargaining agreements in Vietnam?
Hello, I am currently the president of the labor union in an industrial production company in Binh Duong with over 5000 employees. The union has just finished drafting a collective bargaining agreement. Regarding the salary and bonus of employees in the company, but because the number of employees is too many. Is it only necessary to consult the representative or is it mandatory to consult all employees in the enterprise? Please advise.
Does draft collective bargaining agreement have to consult all employees in the company in Vietnam?
Pursuant to Clause 1, Article 76 of the 2019 Labor Code, on survey and conclusion of collective bargaining agreements as follows:
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.
Thus, for the enterprise collective bargaining agreement in Vietnam, before signing, its draft must be made available for comment by all employees of the enterprise. Therefore, your union must conduct consultation with all employees in the company, not the representative.
What is survey collection of employees on sectoral collective bargaining agreements in Vietnam?
According to Clause 2 of Article 76 of the 2019 Labor Code, there are provisions as follows:
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.
Best Regards!
