Draft Decree on the organization of dialogue and the implementation of grassroots democracy at workplaces is currently under consultation online.
Article table of contents
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This draft regulates the number and components of participants in workplace dialogue as specified in Clause 2, Article 63 of the Labor Code as follows:
On the employer side
Based on the conditions of production organization, business, labor organization, the employer decides the number and composition of representatives to participate in the dialogue ensuring at least 03 people, including the legal representative of the employer and other necessary representatives as stipulated in the Grassroots Democracy Regulation at the workplace.
On the employee side
- Based on the conditions of production organization, business, labor organization, the number of employed workers, the employee representative organizations at the grassroots level, and the employee representative group exchange with the employer to select the number and composition of participants in the dialogue on behalf of the employees, whether it be all employees or a representative number and composition specified in the Grassroots Democracy Regulation at the workplace.
- In case of choosing dialogue participants according to the representative composition on behalf of the employees, the number of representatives should be: At least 03 people if the scale is below 50 employees; at least 07 people if employing from 50 to less than 150 employees; at least 10 people if employing from 150 to less than 300 employees; at least 15 people if employing from 300 to less than 500 employees; at least 20 people if employing 500 employees or more.
- Based on the number of employee representative participants in the dialogue as specified above, the employee representative organizations at the grassroots level, and employees who do not participate in the employee representative organization determine the number of representatives participating in the dialogue corresponding to their member ratio out of the total number of the employer's employees.
- In places where there is no employee representative organization at the grassroots level, or there are both employee representative organizations at the grassroots level and employees who do not participate in the employee representative organization at the grassroots level, the employer should guide and facilitate those employees who do not participate in an employee representative organization at the grassroots level to elect a representative group to participate in the dialogue according to the above regulations.
Note: The determination of the list of representative members participating in the dialogue from both the employer side and the employee side should be conducted at least once every 2 years and publicly announced at the workplace. In the interval between the two periods of determining dialogue members, if any representative cannot continue to participate, the employer or each employee representative organization, representative employee group, shall consider and decide on the replacement member and publicize it at the workplace.
When organizing dialogues as stipulated in Clause 2, Article 63 of the Labor Code, apart from the aforementioned dialogue members, both parties may agree to invite other individuals to participate.
See other contents of this Draft Decree HERE.
