What is content of trade unions regulations recommended to employers in dialogues of grassroots democracy regulations at workplace in Vietnam?
What is content of trade unions regulations recommended to employers in dialogues of grassroots democracy regulations at workplace in Vietnam? What are actions involved in implementation of democracy regulations in participation in formulation of grassroots democracy regulations at workplace in Vietnam?
Please advise!
1. What is content of trade unions regulations recommended to employers in dialogues of grassroots democracy regulations at workplace in Vietnam?
Pursuant to the provisions of Section I, Part I of Guidance 41/HD-TLD 2021, the content of trade unions regulations recommended to employers in dialogues of grassroots democracy regulations at workplace as follows:
Trade unions may recommend the following amendments to the Regulations to employers:
1. Items employers make available to their employees and disclosure methods
In addition to those stipulated in Article 43 of the Decree No. 145, trade unions can advise employers to communicate new regulations pertaining to employee’s benefits and interests that they impose; conclusions of inspection, review or audit agencies, and their compliance with inspection, review or audit recommendations concerning employees' benefits and interests (except those dealing with state secrets), and so on.
2. Items available for employees’ comment and commenting methods
In addition to those referred to in Article 44 of the Decree No. 145, trade unions can advise employers to allow employees to comment upon the followings: issues to be discussed in periodic dialogues; manner and outcomes of the collective bargaining; items to be disclosed to employees, disclosure methods, etc.
3. Items subject to employee decisions and decision-making methods
In addition to those stated in Article 45 of the Decree No. 145, trade unions can recommend employers to grant more rights to make decisions to employees, such as the right to join clubs, volunteer programs; rates of contribution to social funds or charitable funds in the workplace; annual sightseeing tours and vacations; the right to take training and mentoring programs for the purposes of promotion of their professional qualification, skills or expertise; etc., to adapt to the actual workplace situation.
4. Items subject to employee's inspection or supervision, and inspection or supervision methods
In addition to those referred to in Article 46 of the Decree No. 145, trade unions can advise employers to allow employees to inspect and supervise the followings: Employer’s implementation of employee’s policies and benefits, especially employee support policies that employers are assigned by the state to carry out, employment termination, severance pay or unemployment compensations; employer’s implementation of outcomes of dialogues or collective bargaining agreements in which employers participate; results of implementation of resolutions of employee meetings, inspection or audit conclusions or recommendations pertaining to their employees’ benefits and interests (if not prohibited by law), etc.
5. Workplace dialogues
In addition to those prescribed in Article 37 and 38 in the Decree No. 145, trade unions can advise employers to consent to the followings: Dialogue procedures, other dialogue forms stated in clause 3 of Article 63 in the Labor Code.
6. Employee meetings
Under these Regulations, several items other than those provided in the Decree No. 145, including meeting formalities and dates (prescribed in Part III of this Guidance and sample Regulations attached); meeting forms (online or offline); meeting size (general or delegate), should be delineated.
7. Other workplace democracy practices
In addition to getting involved in developing those aimed at implementation of Regulations as stated in sections 1, 2, 3, 4, 5 and 6 above, trade unions may recommend employers to add more regulations on other democracy forms to the Regulations, such as implementing democracy regulations via mailboxes, open letters, suggestions, forums, materials, publications, bulletins, direct conversations with employees, etc.
2. What are actions involved in implementation of democracy regulations in participation in formulation of grassroots democracy regulations at workplace in Vietnam?
Pursuant to the provisions of Section II, Part I of Guidance 41/HD-TLD in 2021, actions involved in implementation of democracy regulations in participation in formulation of grassroots democracy regulations at workplace as follows:
1. The trade union actively proposes, and cooperates with the employee organization at workplace (if any), the employee delegation to dialogues (if any) and the employer in taking charge of, activities of communicating and disseminating the content of the Regulations to all employees; results of employees’ exercise of workplace democracy rights; results of staff dialogues, conferences and results of implementation of other workplace democracy practices (if any).
2. Review and study the internal rules and regulations of the employer, specifying the regulations that are no longer aligned with the provisions of law; evaluate the results of implementation of the Regulations to make recommendations to the employer about appropriate amendments and supplements, and at the same time cooperate with the employer in effectively implementing democracy regulations. Trade union’s involvement should be real, harmonious, based on the study and survey of opinions from trade union officers and members or employees.
3. Take charge of implementing and supervising implementation of the Regulations by the host enterprise and the trade union itself, and promptly raise any issues arising from the implementation process in order to recommend and cooperate with the employee in considering possible actions.
Best Regards!
