Accordingly, many people often confuse “Labor contract” with “collective labor agreement”. So, what is a collective labor agreement under Vietnamese Law? Let’s find out with LSX!
Legal grounds
- 2019 Labor Code
- Circular 145/2020/ND-CP
Definition of a collective labor agreement
Hence Article 75, 2019 Labor Code, a collective labor agreement is an agreement; reached through collective bargaining and signed in writing by the parties. Collective labor agreements include enterprise collective bargaining agreements, industry collective bargaining agreements; multi-enterprise collective bargaining agreements, and other collective labor agreements.
Contractuality of the collective bargaining agreement
Basically, the formation of this agreement got its base from negotiation and agreement between the parties (the employee collective and the employer). The content of this agreement is usually labor conditions, conditions of employment, rights, and obligations of the parties in the labor relationship; in order to be more beneficial to the employee. Therefore, collective agreements are the result of a free agreement in writing. This is the most important element of the collective bargaining agreement.
The normative nature
Accordingly, this is the basic difference between the collective labor agreement and the labor contract. This feature is reflected in the content of the agreement, the order of signing the agreement, and the validity of the agreement.
- Regarding the content of the agreement: the agreement is the concretization of the provisions of the law to suit the actual conditions and capabilities of the entity; so the content of the agreement is in the form of rules, according to the provisions of law. Each clause shows the rights and obligations of the parties…
- Regarding the order of signing the agreement: Before signing the agreement; the executive committee of the grassroots trade union must organize the collection of opinions of the labor collective on the content of the agreement. The agreement can only be signed in case the majority of employees in the enterprise agree with its content.
- Regarding the validity of the agreement: when signing the collective labor agreement; it will take effect in the entire unit, all members of the company from the employer to the employee must be responsible for the implementation.
Collectiveness of the agreement
This collectivity is clearly reflected in the subject and content of the agreement.
- Regarding the subjects participating in the agreement: the participation of both parties is the employee collective and the employer. Collective representatives of employees participate in negotiations not for the benefit of individuals or some employees; but for the benefit of all employees in the enterprise.
- Regarding the content of the agreement: the agreements are always about the rights, obligations and interests of the collective in the unit.
The roles of collective labor agreement
- Creates a community of rights and responsibilities between the two parties.
- Contributes to the harmonization of interests, preventing conflicts and conflicts in labor relations.
- The collective labor agreement is an important legal basis for resolving labor disputes.
- The collective bargaining agreement is a special normative source that complements labor law.
Types of collective labor agreements
There are three types of collective bargaining agreements as follows:
- Enterprise-level collective labor agreement: This is an agreement between the representative of the enterprise’s labor collective and the employer on issues in labor relations.
- Sectoral or inter-sectoral collective bargaining agreement: this is an agreement between the representative of the labor collective of that industry or sector and the representative of the employer of that industry. When signing this agreement, it will unify the labor and wage regimes in the whole industry and interdisciplinary; thus limiting conflicts and disputes within the industry and interdisciplinary.
- Regional and local collective labor agreement: this is an agreement between the representative of the labor collective of the region and the representative of the employer of that region. When signing this agreement, it will unify the labor regime of enterprises; so it will limit conflicts and labor disputes in a wide range.
Lastly, thank you for paying attention to our article on “What is a collective labor agreement under Vietnamese Law?”. 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.
An individual labor dispute is a labor dispute between an individual or a group of employees and the employer about the individual rights and obligations of each individual.
A collective labor dispute over rights is a dispute between the labor collective and the employer arising from the different interpretations and implementation of the provisions of the labor law, the collective labor agreement, the labor regulations, regulations, and other legal agreements.
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