Recently, the Ministry of Labor, War Invalids and Social Affairs of Vietnam has issued Circular No. 29/2015/TT-BLĐTBXH on guidelines for collective bargaining, collective bargaining agreements and settlement of labor disputes prescribed in Decree No. 05/2015/NĐ-CP dated January 12, 2015 of the Government on guidelines for the Labor Code of Vietnam.
According to Article 3 of Circular No. 29/2015/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, the periodic collective bargaining prescribed in Article 16 of Decree No. 05/2015/ND-CP of Vietnam’s Government shall be conducted at least once a year. Duration between two consecutive bargaining meetings is within 12 months.
Representatives of both parties shall agree upon the number and time of periodic bargaining meetings in a year and make an agreement bearing signatures of both parties as the basis for negotiation. Rules, the right to request, representatives, issues and process of periodic collective bargaining shall comply with Articles 67, 68, 69, 70, and 71 of the Labor Code.
Besides, responsibility of trade unions, representatives of employers and labor authorities pertaining to attending bargaining meetings prescribed in Article 17 of Decree No. 05/2015/ND-CP of Vietnam’s Government is stipulated as follows:
- Upon the receipt of invitation to attend a collective bargaining meeting sent by one of the parties to collective bargaining, Vietnam General Confederation of Labor, Confederation of Labor of the province or central-affiliated city (hereinafter referred to as province), the superior trade union, the representative organization of the employer of central government and province, the Ministry of Labor, War Invalids and Social Affairs, the People’s Committee of province, the People’s Committee of district shall send their representatives to attend the bargaining meeting;
- Each person sent to the meeting may request the inviting party to provide the agenda of the meeting; prepare necessary materials and documents on guidelines for law on labor, and support both parties to conduct the bargaining meeting according to principles of objectives, respect of the right to negotiation and decision of both parties.
View more details at Circular No. 29/2015/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, effective from September 15, 2015.
Thu Ba
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