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When in a working environment, it’s critical that everybody involved in the labor relations trusts each other so that the relationship can last a long time in harmony. This applies to both sides, the employee and the employer. However, it’s especially important for the employer’s side to fully discloses all the necessary information so that the employee, normally on the weaker’s side, can have assurance when working in the business. So, what is the information that needs to be disclosed transparently in labor relations in Vietnam?
First of all, it should be noted that trusting working relations and working environment are critical to the success of every business.
If the employee or employer feels like they have been tricked by the other party, whether expressed in a lower salary according to the market’s salary on that position or the suspicious that their employee is secretly selling their company’s secret to competitors, etc., the tension between them will increase day by day and will eventually lead to heavy consequences for both sides.
No one would want to reach a period where the employee is fired publicly in the conference meeting or at the monthly meeting of the whole firm, the employee stood up, and gave a speech to thousands of other employees about how the company mistreats him/her, etc.
Those are all consequences needed to be avoided.
The reasons leading to those scenarios might be varied but the basic, core reason in any dispute is that the parties don’t trust each other anymore.
Accordingly, to build trust, it’s important that all parties provide all information relating to their work conditions, work environment, benefits policies, support, etc.
For the employee, besides the necessary papers like educational degree, they won’t have to publicly share their conditions to the employer.
However, on the employer’s side, it is not just in the spirit of free will anymore, it’s actually mandatory by the labour law in Vietnam to disclose necessary information about the labor relations to their employees.
Information that needs to be disclosed transparently
According to Article 43 of Decree 145/2020/ND-CP, the employer must publicize the following content and form relating to the working relations in Vietnam:
a) Production and business situation of the employer;
b) Labor regulations, salary scale, salary table, labor norms, internal rules, regulations, and other regulations of the employer related to the rights, obligations, and responsibilities of employees;
c) Collective labor agreements in which the employer participates;
d) The setting up and use of bonus funds, welfare funds, and funds contributed by employees (if any);
dd) The deduction and payment of trade union fees, payment of social insurance, health insurance, and unemployment insurance;
e) The situation of emulation, reward, discipline, settlement of complaints, and denunciations related to the rights, obligations, and interests of employees;
g) Other contents as prescribed by law.
In addition, if the above contents are specified by the law in the form of publicity, the employer shall make publicity according to the regulations of the law.
If there are no specific regulations, the employer makes publicity according to the characteristics of production, business, labor organization, and the content that must be disclosed.
Specifically, the employer can choose the following form of publicity:
a) Posting publicly at the workplace;
b) Announce at meetings and dialogues between the employer and the employee representative organization at the grassroots, the representative group of the worker’s dialogue;
c) Notify in writing to the employee representative organization at the grassroots level to notify the employees;
d) Announcement on the internal information system;
d) Other forms not prohibited by law.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
