Rules for implementation of the internal workplace democracy regulations in Vietnam

Rules for implementation of the internal workplace democracy regulations in Vietnam

Rules for implementation of the internal workplace democracy regulations in Vietnam are specifically stipulated in Article 42 of Decree 145/2020/ND-CP as follows:

-  Amicability, cooperation, honesty, equality, transparency.

- Respect for lawful rights and interests of the employer, employees, relevant organizations and individuals.

- Compliance to law and social ethics.

Rules for implementation of the internal workplace democracy regulations in Vietnam (Internet image)

Information to be disclosed by the employer in Vietnam

Pursuant to Article 43 of Decree 145/2020/ND-CP stipulating the information to be disclosed by the employer in Vietnam:

- 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.

Responsibility to promulgate internal workplace democracy regulations in Vietnam

Pursuant to Article 48 of Decree 145/2020/ND-CP stipulates that the employer shall promulgate internal workplace democracy regulations in order to implement regulations on dialogue in the workplace and implementation of workplace democracy in accordance with Decree 145/2020/ND-CP.

After the internal workplace democracy regulations are formulated or revised, the employer shall consult with the internal employee representative organization (if any) and the representative group (if any) before promulgating them. In case there are opinions offered by internal employee representative organization with which the employer do not concur, explanation must be provided.

The internal workplace democracy regulations must be made publicly available to the employees.

Mai Thanh Loi

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