Information to be disclosed by the employer in Vietnam

What are the regulations on the information to be disclosed by the employer in Vietnam? - Duc Phuc (Dong Nai, Vietnam)

Nội dung, hình thức người sử dụng lao động phải công khai trong doanh nghiệp

Information to be disclosed by the employer in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who is the employer?

According to Clause 2, Article 3 of the Labor Code 2019, employer means an enterprise, agency, organization, cooperative, household or individual who employs other people under agreements. An employer that is an individual shall have full legal capacity.

2. Information to be disclosed by the employer in Vietnam

The information to be disclosed by the employer according to Article 43 of Decree 145/2020/ND-CP is as follows:

- 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.

- The employer shall disclose the information mentioned in Clause 1 of Article 43 of Decree 145/2020/ND-CP 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 in accordance with Article 48 of Decree 145/2020/ND-CP:

= 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.

3. Rights and obligations of employers in Vietnam

The rights and obligations of employers under Article 6 of Labor Code 2019 are as follows:

- An employer has the rights to:

= Recruit, arrange and manage and supervise employees; give commendation and take actions against violations of internal labor regulations;

= Establish, join and operate in employer representative organization, occupational associations and other organizations in accordance with law;

= Request the representative organization of employees to negotiate the conclusion of the collective bargaining agreement; participate in settlement of labor disputes and strikes; discuss with the representative organization of employees about issues related to labor relations and improvement of the material and spiritual lives of employees;

= Temporarily close the workplace;

= Exercise other rights prescribed by law.

- An employer has the obligations to:

= Implement the employment contracts, collective bargaining agreement and other lawful agreements with employees; respect the honor and dignity of employees;

= Establish a mechanism for and hold dialogue with the employees and the representative organization of employees; implement the regulations on grassroots-level democracy;

= Provide basic training and advanced training in order to help employees improve their professional skills or change their occupations;

= Implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health; develop and implement solutions against sexual harassment in the workplace;

= Participate in development of the national occupational standards, assessment and recognition of employees’ professional skills.

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