This is one of the notable contents mentioned in the Draft of the amended Labor Code expected to take effect from January 01, 2021.
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Dialogue at the workplace involves sharing information, consultation, discussion, and opinion exchange between employers and employees or the collective representatives of employees regarding matters related to the rights and interests of both parties. The aim is to build a progressive, harmonious, and stable labor relationship at the workplace. (Current regulations in the Labor Code 2012 only generally stipulate that workplace dialogues aim to share information and enhance understanding between employers and employees to build labor relations at the workplace).
Thus, the Draft provides a more detailed definition and purpose of workplace dialogue. It is not merely an information-sharing activity but also involves consultation, discussion, and opinion exchange between the parties. It also aims not merely to build labor relations but to build progressive, harmonious, and stable labor relations at the workplace.
According to this Draft, workplace dialogue between employers and employees can be organized in the following forms:
- Periodically, at least once a year. (Currently, it is periodic every 3 months)
- Upon the request of one or both parties. (Currently, it is upon the request of one party).
- According to incidents stipulated in Clauses 4, 5 Article 43, Clause 2 Article 45, Clause 3 Article 95, Article 105, Clause 2 Article 106, Clause 3 Article 120; Clause 1 Article 130 of the Draft. (This is a newly added form in the Draft).
Moreover, the Draft also encourages employers and employees to conduct other forms of dialogue beyond the aforementioned cases.
Thus, it can be seen that the Draft diversifies the forms of organizing dialogues between employers and employees to make it more convenient for the parties.
Nguyen Trinh
