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What is collective bargaining under Vietnamese Law?

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Accordingly, building harmonious and stable labor relations towards maintaining industrial peace; is the leading target in the field of employment of enterprises as well as of countries. In order to do this, employers and employees need to have mutual understanding; share information, and sympathize with each other. The sharing and enhancement of that understanding are through dialogue in the workplace. In fact, During the dialogue in the workplace, collective bargaining may arise. So, what is collective bargaining under Vietnamese Law? Let’s find out with LSX!

  • 2019 Labor Code

What is collective bargaining?

Hence the regulation under Article 65, 2019 Labor Code; collective bargaining is the discussion process between the representative of the labor collective and the employer; in order to reach a common agreement on issues related to the rights and interests of the parties in the labor relationship.

What is the purpose of collective bargaining?

Following the law, collective bargaining aims to create conditions for the labor collective; to discuss and negotiate with the employer for the following purposes:

  • Building harmonious, stable and progressive labor relations;
  • Establish new working conditions as a basis for signing a collective labor agreement;
  • Solve problems and difficulties in exercising the rights and obligations of each party in the labor relationship.

Thus, if collective bargaining is successful, conflicts will be limited; and disputes in labor relations, ensuring stable and developing labor relations. In fact, collective bargaining will conducted on the principles of good faith, equality, cooperation, publicity, and transparency.

Subject of collective bargaining

Depending on the scope of collective bargaining; that the collective bargaining agent will be different. Specifically:

  • Collective bargaining takes place within the enterprise: the subject of collective bargaining is:
    • Employees: Representative organization of the labor collective at the grassroots level;
    • Employer: the employer or the representative of the employer.
  • Collective bargaining at the industry level: collective bargaining subjects include:
    • Employees: representatives of the Executive Committee of the trade union;
    • Employer: representative of the organization representing the employer.

The number of people attending the negotiation meeting of each party shall be agreed upon by the two parties.

Contents of collective bargaining

Basically, the contents of collective bargaining are issues that the negotiating parties agree on; during collective bargaining. Hence Article 67 of the Labor Code 2019, the contents of collective bargaining include the following issues:

  • Salary, allowance, salary increase, bonus, meal and other regimes;
  • Labor levels and working hours, rest time, overtime work, breaks between shifts;
  • Job security for employees;
  • Ensuring occupational safety and hygiene; implementation of labor regulations;
  • Conditions and means of operation of the representative organization of employees; the relationship between the employer and the employee representative organization;
  • Mechanisms and methods of preventing and settling labor disputes;
  • Mechanisms and methods of preventing and settling labor disputes;
  • Other content of interest to one or the parties.

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What are the principles of collective bargaining?

Collective bargaining principles are: Collective bargaining is conducted on the principles of voluntariness, cooperation, goodwill, equality, openness, and transparency.

How is the number of people participating in collective bargaining regulated?

The number of participants in the collective bargaining of each party shall be agreed upon by the parties.
Each party to the collective bargaining has the right to invite its superior representative organization to appoint a participant as a bargaining representative and the other party may not refuse. The collective bargaining representative of each party must not exceed the number agreed by the parties unless otherwise agreed by the other party.

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