Purpose of the collective negotiation
The collective negotiation is that the labor collective makes discussion and negotiation with the employer for the following purposes:
1. Building harmonious, stable and progressive labor relations;
2. Establishing new working conditions as a basis for signing the collective labor agreements;
3. Settling the problems and difficulties in implementing the rights and obligations of each party in the labor relations.
Principle of collective negotiation
1. Collective negotiation is conducted on the principles of goodwill, equality, cooperation, openness and transparency.
2. Collective negotiation is conducted periodically or irregularly.
3. Collective negotiation is done at the place agreed upon by both parties.
Right to require the collective negotiation
1. Each party shall have the right to require the collective negotiation; the party receiving the requirement is not entitled to decline the negotiation. Within 07 working days after receiving the negotiation request, the parties shall agree upon the starting time of the negotiation meeting.
2. Where a party cannot participate in the negotiation meeting at the starting time for negotiation as agreed, that party has the right to propose the postponement, but the starting time of negotiation shall not exceed 30 days after receiving the request for collective negotiation.
3. Where a party declines to negotiate or not conduct the negotiation within the time limit prescribed in this Article, the other party has the right to carry out the procedures for requesting the settlement of labor disputes in accordance with the law.
Representative of collective negotiation
1. Representative of collective negotiation is defined as follows:
a) For the labor collective in collective negotiation, the scope of enterprise is the representative organization of the labor collective at the grassroots level; the collective negotiation of the scope of sector is the representative of the sector Executive Committee of the Trade union;
b) For the employer in the collective negotiation, the scope of enterprise is the employer or the representative of the employer; the collective negotiation in the scope of sector is the representative of the representative organization of the sector employer
2. The number of people attending the negotiation meeting of each party shall be agreed upon by both parties.
Content of collective negotiation
1. Salary, bonus, allowance and pay rise
2. Working hour, rest time, overtime working, break between shift.
3. Job guarantee for the employee
4. Ensuring the labor safety, occupational health and complying with labor rule.
5. Other contents that both parties are concerned about.
Process of collective negotiation
1. The process for preparation of the collective negotiation is regulated as follows:
a) Before the collective negotiation meeting at least 10 days, the employer must provide information on the situation of production and business upon the requirement from the labor collective except for business secrets and technology secrets of the employer.
b) Gathering opinions of the labor collective
The negotiation representative of the labor collective party shall directly gather opinions of the labor collective or indirectly through the delegate conference of the employee concerning the requirements of the employee for the employer and the requirements of the employer with the labor collective;
c) Notification of the content of collective negotiation.
Within 05 working days before the start of the collective negotiation meeting, the party requiring the collective negotiation must notify in writing the other party of the estimated contents for the conduct of collective negotiation.
2. Procedures for the collective negotiation are regulated as follows:
a) Organizing the meeting of collective negotiation
The employer shall organize the meeting of collective negotiation with time and place agreed upon by both parties.
The collective negotiation must be recorded in writing, in which there must be the contents agreed upon by the two parties. The estimated time for the signing of the agreed content; the contents with different opinions;
b) The minutes of the meeting of collective negotiation must have the signature of the representative of labor collective, of the employer and the person recording the minutes.
3. Within 15 days from the day of termination of the meeting of collective negotiation, the negotiation representatives of the labor collective party must diffuse widely and publicly the minutes of the meeting of collective negotiation to the labor collective and collect suggestion by voting from the labor collective on the contents agreed upon.
4. Where the negotiation fails either party may request to continue the negotiation or conduct the procedures for the settlement of the labor disputes in accordance with this Code.
Responsibilities of the trade unions, representative organizations of the employers and the state management agencies on labor in collective negotiation.
1. Organizing the training of the collective negotiation skills for the persons participating in the collective negotiation.
2. Participating in the meeting of collective negotiation upon the request from either collective negotiation party.
3. Providing and exchanging information relating to the collective negotiation