Vietnam: Rights and obligations of the union in representing employees to negotiate collective labor agreement

This is a notable content of the Decree No. 43/2013/NĐ-CP elaborating the implementation of article 10 of the Law on Trade Union on the rights and obligations of the trade union to represent and protect the lawful rights and interests of employees in Vietnam.

thương lượng tập thể, Nghị định 43/2013/NĐ-CP

According to Article 4 of the Decree No. 43/2013/NĐ-CP of the Vietnam’s Government, rights and obligations of the union to negotiate, sign, and supervise the implementation of collective labor agreements on behalf of the whole staff are specified as follows:

- The grassroots unions of organizations that sign labor contracts with employees have the following rights and obligations:

+ Collect information and suggestions relating to the lawful interests of employees; request the employer to enter into a collective negotiation;

+ Negotiate and conclude collective labor agreement on behalf of the whole staff; amend, extend the collective labor agreement as prescribed by the laws on labor;

+ Spread the collective labor agreement among employees; supervise the implementation of the collective labor agreement within the organization; request the employee to comply with the collective labor agreement; request the resolution of collective labor disputes when the employer fails to comply with or violates the collective labor agreement as prescribed by the laws on labor.

- The rights and obligations of sectoral unions to negotiate, conclude collective labor agreements and supervise its implementation on behalf of the whole staff are similar to those of grassroots unions as prescribed in Clause 1 of this Article.

Issues of collective labor agreement are specified in Article 70 of the Labor Code 1012 of Vietnam as follows:

- Wages, bonuses, allowances and pay rise.

- Working time, rest time, overtime work, mid-shift breaks.

- Ensuring employment for employees.

- Ensuring occupational safety and hygiene; implementation of the internal working regulations.

- Other issues that concern the two parties.

More details at the Decree No. 43/2013/NĐ-CP of the Vietnam’s Government, effective from July 01, 2013.

Phuong Thanh


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