The right to request collective bargaining of the internal representative organization of employees in Vietnam

 The right to request collective bargaining of the internal representative organization of employees in Vietnam
Lê Trương Quốc Đạt

What are the right to request collective bargaining of the internal representative organization of employees in Vietnam? - Ngoc Chau (Dong Nai)

 The right to request collective bargaining of the internal representative organization of employees in Vietnam

 The right to request collective bargaining of the internal representative organization of employees in Vietnam (Internet image) 

Regarding this issue, LawNet answers as follows:

1. The right to request collective bargaining of the internal representative organization of employees in Vietnam

 The right to request collective bargaining of the internal representative organization of employees in Vietnam according to Article 68 of the Labor Code 2019 are as follows:

- The representative organization of employees has the right to request collective bargaining whenever it reaches the minimum number of members as prescribed by the Government.

- In case an enterprise has more than one internal representative organization of employees that satisfies the requirements in Clause 1 of Article 68 of the Labor Code 2019, the one that has the most members will have the right to request the collective bargaining. Other representative organizations of employees may participate in the collective bargaining if agreed by the requesting organization.

- If none of the employees‘ representative organizations of an enterprise satisfies the requirements in Clause 1 of Article 68 of the Labor Code 2019, they may request collective bargaining if their total number of members reaches the minimum number specified in Clause 1 of Article 68 of the Labor Code 2019.

2. Collective bargaining procedures in Vietnam

Collective bargaining procedures according to Article 70 of the Labor Code 2019 is as follows:

- Whenever collective bargaining is requested by a representative organization of employees in accordance with Article 68 of the Labor Code 2019, the requested party must not refuse to hold the collective bargaining.

Within 07 working days from the day on which the request and the agenda are received, the parties shall agree upon the location and starting time for the bargaining.

The employer shall prepare time, location and other conditions for holding collective bargaining meetings.

The collective bargaining must be held within 30 days from the day on which the request is received.

- The duration of a collective bargaining must not exceed 90 days from its starting day, unless otherwise agreed by the parties.

The employees’ representatives shall be fully paid for the time spent participating in the collective bargaining meetings. The time a member of the representative organization of employees spends participating in the collective bargaining meetings shall not be included in the time specified in Clause 2 Article 176 of the Labor Code 2019.

- During the course of collective bargaining, if the employee’s party requests the employer’s party to provide information on the business performance and other information relevant to the collective bargaining issues, with the exception of business secrets, technological know-how of the employer, such information must be provided within 10 days from the day on which such request is received.

- Other representative organizations of employees may discuss with the employees about the contents, methods and results of the collective bargaining.

The representative organization of employees may decide the time, location and method of discussion or survey as long as it does not affect the enterprise’s normal business operation.

The employer must not obstruct or interfere with the discussion or survey held by the representative organization of employees.

- Minutes of the bargaining meeting must be taken and it must specify the issues which have been agreed upon by the parties and issues that remain controversial. The minutes shall bear the signatures of the parties and the record maker. The representative organization of employees shall make the minutes of the collective bargaining available to all employees.

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