Vietnam: 03 rules for implementation of the internal workplace democracy regulations

This is an important content stipulated at the Decree No 145/2020/NĐ-CP on elaboration of some articles of the Labor Code on working conditions and labor relations in Vietnam issued by the Government on December 14, 2020.

dân chủ ở cơ sở tại nơi làm việc, Nghị định 145/2020/NĐ-CP

According to Article 42 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, rules for implementation of the internal workplace democracy regulations are specified as follows:

1. Amicability, cooperation, honesty, equality, transparency.

2. Respect for lawful rights and interests of the employer, employees, relevant organizations and individuals.

3. Compliance to law and social ethics.

Transparency is implemented as follows:

- Disclosed information: The employer shall disclose the following information to the employees:

+ The employer’s business performance;

+ Labor regulations, pay scale, payroll, productivity norms, rules and regulations and other regulatory documents of the employer relevant to employees’ interests, duties and responsibilities;

+ Collective bargaining agreements participated in by the employer;

+ Establishment, contribution to and use of reward and benefit funds and other funds to which employees contribute (if any);

+ Trade union contributions; payment of social insurance, health insurance and unemployment insurance premiums;

+ Rewards and commendations given; disciplinary actions taken; settlement of complaints and denunciations relevant to employees' rights, duties and interests;

+ Other contents prescribed by law.

- Method of disclosure: The employer shall disclose the information using the method prescribed by law. In case such no specific method is prescribed by law, the employer shall choose one of the following disclosure methods and specify it in the internal workplace democracy regulations:

- Publicly posting the information at the workplace;

- Making announcements during meetings and dialogues between the employer and the internal employee representative organization or representative group;

- Sending written notifications to the internal employee representative organization, which will subsequently notify employees;

- Making announcements on the internal information system;

- Other methods that are not banned by law.

View more details at the Decree No 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Thuy Tram

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