Composition and quantity of participants in dialogue at the workplace in Vietnam

What is dialogue at the workplace?

Pursuant 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.

Composition and quantity of participants in dialogue at the workplace in Vietnam (Internet image)

Composition and quantity of participants in dialogue regarding employer's party in Vietnam

Pursuant to Clause 1, Article 38 of Decree 145/2020/ND-CP, 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.

Composition and quantity of participants in dialogue regarding employees' party in Vietnam

Pursuant to Clause 2, Article 38 of Decree 145/2020/ND-CP, 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 specified in Point a of this Clause, 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.

Some notes on composition and quantity of participants in dialogue in Vietnam

- The list of participants in dialogue regarding the employer's and employees' party 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.

- When holding the dialogue in accordance with Clause 2 Article 63 of the Labor Code 2019, in addition to the participants specified in Clause 3 of this Article, both parties may invite all employees or relevant employees to participate; ensure participation of female employees if the dialogue involves rights and interests of female employees prescribed in Clause 2 Article 136 of the Labor Code 2019.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE