What are determinations of how many and what participants on employee side are admitted to workplace dialogues in participation in dialogues at work in Vietnam?

1. What are determinations of how many and what participants on employee side are admitted to workplace dialogues in participation in dialogues at work in Vietnam?

Pursuant to the provisions of Section I, Part II of Guidance 41/HD-TLD 2021, determining how many and what participants on employee side are admitted to workplace diaglogues as follows:

The number of participants in and participants eligible to attend a workplace dialogue shall be decided in accordance with Article 38 in the Decree No. 145. In order to effectively participate in the dialogue, the trade union should actively carry out the following activities:

1. At an enterprise where all employees are trade union members (briefly called union employees)

The trade union nominates or elects its members to the dialogue, prepare the list of participants for submission to the employer and make it available to all employees.

2. At an enterprise where employees are not trade union members (briefly called non-union employees)

The trade union actively meets and converse with non-union employees, and assists them in setting up a delegation to the dialogue. The number of participants in the dialogue on each side is calculated on the basis of the corresponding ratio of the number of union employees or the number of non-union employees to total number of employees calculated at a specified time. The trade union prepares the list of participants in the dialogue for submission to the employer and makes it available to all employees. If there is a very low percentage of non-union employees at an enterprise employing a lot of people (i.e., less than 5% or fewer than 300 persons), meeting with these employees shall not be required.

3. At an enterprise where a trade union and an employee organization at workplace are operating, and employees are not members of the employee representation organization

The trade union, the employee organization at workplace and the employee delegation to the dialogue (on employee side) arrive at an agreement on the number and list of participants in the dialogue on the basis of the corresponding ratio of the number of union employees, the number of employees who are members of the employee organization at workplace, or the number of employees who are not members of the employee delegation, to total number of employees calculated at a specified time. The trade union prepares the list of participants in the dialogue for submission to the employer and makes it available to all employees.

4. At an enterprise where neither the trade union nor the employee representation organization at workplace is set up

On the recommendation of employees, the trade union directly superior to the workplace trade union confers with the employer to reach agreement on types and methods of support to help employees at workplace set up a delegation to the periodic dialogue. The trade union assists in and offers guidance on organization of the dialogue to ensure democracy and compliance with law.

Notes: It is advised that participants in the dialogue should be the employees who are expert in labour, employment and wage legislation, regulations, policies, operational situation, demonstrate good persuasion skills and gain trust from other employees.

2. What is organization of periodic dialogues in participation in dialogues at work in Vietnam? 

Pursuant to the provisions of Section II, Part II of Guidance 41/HD-TLD in 2021, organization of periodic dialogues in participation in dialogues at work as follows:

Periodic dialogues are organized under the provisions of Article 39 in the Decree No. 145. In order to hold an effective dialogue, the trade union should preside over and reach agreement with the employee organization at workplace (if any) or the employee delegation to dialogues (if any) on the following:

1. Preparing for the dialogue

- Develop a plan to participate in the dialogue organization; and propose the meeting schedule, venue and eligible participants in the dialogue on employee side; how to get employees' opinions on the expected agenda; mechanism for cooperation and assignment of responsibilities between the trade union, the employee organization at workplace, and employee delegation to dialogues; how to communicate the results of the dialogue...

- On the basis of grasping employee’s thoughts and aspirations, select dialogue issues or items suitable to the characteristics and situation of the enterprise with priority given to the followings: wages, bonuses, working time, rest time, quality of shift meals, social insurance, unemployment insurance, health insurance policies; initiatives and solutions of employees that contribute to improving product quality, production and business efficiency, and improving working environment; responsibilities of the parties for implementing the results of previous dialogues (if any)... in order to suggest periodic dialogue issues or items.

- The trade union president proactively meets with the employer to discuss and agree on the meeting agenda, venue, time, number of participants and participants eligible to be admitted in the dialogue on each side, and make them available to all employees.

- Organize consultations with employees on the proposed issues or items of the periodic dialogue (carried out by handing out survey forms, listening to employees' feedback, holding meetings in group- or department-level or member trade unions to gather opinions, conduct online surveys, surveys via social networks such as Facebook, Zalo (created by trade unions), internal social networks,...

- Synthesize and decide on the suggested agenda for the periodical dialogue (notes: arrange issues or items to be discussed in the dialogue in order of priority and depending on each dialogue session and form). Too many issues or items to be discussed in the dialogue are not advised. Issues and items on the dialogue agenda selected to be discussed should be feasible and interested by a large number of employees.

- Assign tasks to each participant in the dialogue, such as preparing opinions, arguments, related documents...

- Send the written request for a dialogue to the employer at least 05 working days before the date of starting the periodic dialogue.

- If there is feedback or proposed dialogue issues or items on the employer side, the presiding union works in collaboration with the employee organization at workplace or the employee delegation to the dialogue to consider and discuss preparation for arguments, defences, other related documents,... It is possible to report to the employer so as to create a high consensus before the dialogue.

- Meet with participants in the dialogue before the dialogue periodically takes place to review the work, assignments, and complete the documents and data related to the dialogue issues and items, ideas, defenses and, at the same time, anticipate emergencies and response plans.

2. Beginning the dialogue

- When entering into the dialogue, participants should act in the spirit of cooperation and sharing, for the common interest to discuss how to attain consensus on dialogue issues. In case any new issue arises, it is suggested that the employer allow internal discussion or temporary suspension of the dialogue to reach agreement, then resume the dialogue or move on to other dialogue issues.

- Recommend the persons who are representatives from both sides and a person from each side to write up the dialogue’s minutes. The minutes of the dialogue must bear the signatures of the enterprise’s legal representative or the authorized person and the trade union’s representative, the representative of the employee organization at workplace (if any) and the representative of the employee delegation to the dialogue (if any). When the dialogue is taking place, audio and video recording may be allowed according to the agreement between both sides, and carried out by the secretary or technician.

- Immediately after the dialogue, the trade union cooperates with the employer in finalizing the dialogue minutes and proposing solutions to unsolved issues (if any).

3. Announcing dialogue outcomes

Within 3 working days after the dialogue ends, the trade union shall take charge of and coordinate with the employee organization at workplace (if any) and the employee delegation to the dialogue (if any) in communicating the dialogue outcomes to all employees; requesting the employer to make the main dialogue issues or items available to its staff.

Best Regards!