What is collective bargaining? Issues for collective bargaining in Vietnam

What is collective bargaining? Issues for collective bargaining in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is collective bargaining?

According to Article 65 of the Labor Code 2019, collective bargaining is a process of negotiation between a party that consists of one or several representative organization of employees and another party that consists of one or several employers or employer representative in order to regulate working conditions, relationship between the parties and develop progressive, harmonious and stable labor relations.

2. Principles of collective bargaining in Vietnam

Principles of collective bargaining under Article 66 of the Labor Code 2019 are as follows:

Collective bargaining shall be carried out on the principles of voluntariness, good faith, equality, cooperativeness, openness to the public and transparency.

3. Issues for collective bargaining in Vietnam

According to Article 67 of the Labor Code 2019, the parties may include one or some of the following issues in the collective bargaining:

- Salary, bonus, allowances, pay rise, means and other benefits;

- Labor rates, working hours, rest periods, overtime work, rest breaks at work;

- Employment security for the workers;

- Occupational safety and health; implementation of the internal labor regulations;

- Conditions and equipment of the representative organization of employees; the relationship between the employer and the representative organization of employees;

- Mechanism and methods for prevention and settlement of labor disputes;

- Assurance of gender equality, maternity protection, annual leaves; actions against violence and sexual harassment in the workplace;

- Other issues of concern to either or both parties.

4. 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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