Regulations on holding periodic dialogue in the workplace in Vietnam

Regulations on holding periodic dialogue in the workplace in Vietnam (Internet image)

1. What is dialogue in the workplace?

According to Clause 1, Article 63 of the Labor Code 2019, dialogue at the workplace means the sharing of information, discussion between the employer and employees or representative organization of employees regarding the issues relevant to the rights and interests of the parties at the work place in order to strengthen the understanding, cooperation and work out mutually beneficial solutions.

2. Cases where employers must hold dialogues at the workplace in Vietnam

According to Clause 2, Article 63 of the Labor Code 2019, the dialogue at the workplace shall be held by the employer:

- At least once a year;

- Whenever requested by one or both party;

- In any of the events specified in Point a Clause 1 Article 36, Articles 42, 44, 93, 104, 118 and Clause 1 Article 128 of Labor Code 2019.

Thus, employers must hold periodic dialogues at the workplace at least once a year.

3. Regulations on holding periodic dialogues in the workplace in Vietnam

Pursuant to Article 39 of Decree 145/2020/ND-CP, the organization of periodical dialogues at the workplace is regulated as follows:

The employer shall cooperate with the internal employee representative organization and representative group in holding periodic dialogues in accordance with Point a Clause 2 Article 63 of the lawnet.vn/vb/Bo-Luat-lao-dong-2019-51766.html and internal workplace democracy regulations.

3.1 Participants in periodic dialogue

Participants in periodical dialogue are representatives of the two sides as prescribed in Clause 3, Article 38 of Decree 145/2020/ND-CP as follows:

* The employer's party:

The employer shall assign at least 03 persons to represent the employer in the dialogue depending on the business conditions, personnel organization and in accordance with the internal workplace democracy regulations, including the employer’s legal representative.

* The employees' party:

- Depending on the business conditions, personnel organization, structure and quantity of employees, and gender equality, the internal employee representative organization and the representative group shall appoint participants in the dialogue as follows:

+ At least 03 persons if the employer has fewer than 50 employees;

+ 04 – 08 persons if the employer has 50 – 149 employees;

+ 09 – 13 persons if the employer has 150 – 299 employees;

+ 14 – 18 persons if the employer has 300 – 499 employees;

+ 19 – 23 persons if the employer has 500 – 999 employees;

+ At least 24 persons if the employer has at least 1000 employees.

- On the basis of the quantity of the employees’ representatives above, the internal employee representative organization and the representative group shall appoint a number of participants in the dialogue according to the ratio of quantity of their members to total quantity of employees.

The list of participants shall be periodically compiled at least once every 02 years and disclosed at the workplace.

In case a person can no longer participates, the employer, employee representative organization or representative group shall consider appointing a new participant and announce it at the workplace.

3.2 Time, place and method of holding periodical dialogues

- Time, location and method of holding periodic dialogues shall be arranged by both parties according to their conditions and internal workplace democracy regulations.

- Within 05 working days before the day on which a periodic dialogue is held, each party shall send their dialogue topics to the other party.

3.3 Conditions for conducting periodical dialogue

- A periodic dialogue shall only be initiated when it is participated in by

+ The employer’s legal representative or authorized person

+ 70% of the employees’ representatives prescribed in Section 3.1.

- Minutes of the dialogue process shall be taken. The minutes shall bear signature of the employer’s legal representative or authorized person and representatives of each employee representative organization (if any) and representative of the representative group (if any).

Within 03 working days from the end of the dialogue, the employer shall announce the main contents of the dialogue at the workplace.

The employee representative organization (if any) or representative group (if any) shall disseminate these contents to employees that are their members.

Van Trong

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