The survey and conclusion of collective bargaining agreements from 2021 in Vietnam
I'm researching some issues about collective bargaining agreements.According to the new regulations in the 2019 Labor Code, what are regulations on the survey and conclusion of collective bargaining agreements in Vietnam? Thank you!
The survey and conclusion of collective bargaining agreements from 2021 in Vietnam (Image from the Internet)
According to Article 76 of the 2019 Labor Code (Effective from January 1, 2021) stipulating:
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.
Best regards!
