Accordingly, a collective labor agreement is a written agreement between the labor collective and the employer on the working and employer conditions; the rights and obligations of the two parties in the employment relationship. So, what is the procedure for registration of collective labor agreements in Vietnam? Let’s find out with LSX in the following documents!
- 2019 Labor Code
- Authority competent to decide: Department of Labor, War Invalids and Social Affairs.
- Authority or person authorized or decentralized to perform: Management Board of Industrial Parks.
- The agency directly implementing administrative procedures: Department of Labor, War Invalids and Social Affairs.
Dossier for registration of collective labor agreements
Dossiers for enterprises to register collective labor agreements with competent state agencies include the following document:
- Written registration of collective labor agreement;
- The signed collective labor agreement
- Minutes of collecting opinions of the labor collective, specifying the results of consultation, including: total number of people consulted, number of people agreeing, number of people disagreeing, percentage and contents, terms that the employee disagrees with;
- A certified copy of the Business Registration License;
- Power of attorney in case the legal representative of the enterprise authorizes another person to sign the collective bargaining agreement.
Procedure for registration of collective labor agreements
Drafting of a collective labor agreement
Firstly, the employer drafts and prepares a draft of the collective bargaining agreement to collect comments from employees.
Collecting opinions of employees
The first thing the employer must do, that is to consult and negotiate with all employees in their enterprise; on the contents of the collective labor agreement. Following the time, place, and method of collecting voting opinions on the draft of the collective labor agreement, will be decided by the organization representing the workers. However, the collection of voting opinions on the draft collective labor agreement; must ensure not to affect the normal production and business activities of the enterprises participating in the negotiation.
In fact, the law stipulates that the employer must not engage in acts that obstruct, hinder or interfere with the process in which the representative workers’ organization collects and votes on the draft agreement.
Signing a collective labor agreement
Thirdly, the legal representatives of the negotiating parties will sign the collective labor agreement. Particularly for collective bargaining agreements that have many enterprises and are conducted through the Collective Bargaining Council; then the Chairman of the Collective Bargaining Council and the legal representatives of the bargaining parties will sign.
Conditions for signing a collective labor agreement are as follow:
- For industry collective bargaining agreements; then it may signed when 50% or more of all members of the leadership boards of the organizations representing workers at the enterprises participating in the negotiation are polled and voted in favor of the plan.
- For enterprise collective labor agreements; signing when more than 50% of the total number of employees of the enterprise vote with the plan in favor.
- For collective bargaining agreements in which there are many enterprises; then only enterprises with more than 50% of the employees in the enterprises participating in the negotiation; or more than 50% of all members of the leadership of the organizations representing workers at the enterprises participating in the negotiation vote for the option of approval.
Announcement of the collective labor agreement
Following Clause 6, Article 76 of the 2019 Labor Code, after signing the collective labor agreement; then the employer must disclose to its employees the content of the agreement.
Submit the collective labor agreement
Correspondingly, after signing the collective labor agreement; then this agreement must be sent to each contracting party 1 copy; and send 01 copy to the specialized labor agency under the provincial People’s Committee ie the Department of Labor – Invalids and Social Affairs; where the employer’s head office is located; within 10 days
Particularly for sectoral collective bargaining agreements or collective bargaining agreements in which many enterprises participate; the collective labor agreement must be sent to each employer and each employee representative organization participating in the agreement, each unit will receive 01 copy.
Lastly, thank you for paying attention to our article on “Procedure for registration of collective labor agreements in Vietnam”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.
After signing the collective labor agreement; then the employer must disclose to its employees the content of the agreement.