ENTERPRISE COLLECTIVE LABOR AGREEMENT

Signing of the enterprise collective labor agreement

1. The person signing the enterprise collective labor agreement is regulated as follows:

a) The labor collective party is the representative of labor collective at the grassroots level;

b) The employer party is the employer or the employer’s representative.

2. The enterprise shall make the collective labor agreement into 05 copies, in which:

a) Each signing party keeps 01 copy;

b) 01 copy is sent to the state agency as prescribed in Article 75 of this Code;

c) 01 copy is sent to the direct superior trade union at the grassroots level and 01 copy sent to the employer’s representative organization in which the employer is a member.

Performance of the enterprise collective labor agreement.

1. The employer, the employee including the employee entering the enterprise to work after the effective day of the collective labor agreement are responsible for fully performing the collective labor agreement.

2. In case the rights, obligations and interests of the parties in labor contracts concluded before the effective day of the collective labor agreement lower than the corresponding provisions of the collective labor agreement, the corresponding provisions of the collective labor agreement must be performed. If the employer’s provisions on the labor are incompatible with the collective labor agreement, they must be amended to suit the collective labor agreement within 15 days from the effective day of collective labor agreement.

3. When a party thinks that the other party incompletely performs or breaches the collective labor agreement, it is entitled to request the proper performance of the agreement and both parties must jointly consider and settle the problems, if failed, each party has the right to request the settlement of the collective labor disputes in accordance with the law.

Time limit of the enterprise collective labor agreement

The enterprise collective labor agreement has a time limit from 01-03 years. For the enterprise that signs the collective labor agreement for the first time, the time limit may be less than 01 year.

Performing the collective labor agreement in case of transfer of the ownership, the right of management, right of enterprise utilization, merger, consolidation, division, separation of enterprises

1. In case of transfer of the ownership, the right of management, right of enterprise utilization, merger, consolidation, division, separation of enterprises, the succeeding employer and representative of the labor collective shall rely on the plan for labor utilization in order to consider and choose to keep on performing, amending, supplementing the old collective labor agreement or negotiate to sign a new collective labor agreement.

2. In case the collective labor agreement is expired due to the employer’s termination of its effect, the employee’s interests shall be settled in accordance with the law on labor.