Collective bargaining and dialogue are essential tools for maintaining peaceful and fair labor relations between employees and employers. As the economy develops, labor relations have become more diverse and complex. Therefore, Vietnamese law has established specific regulations on collective bargaining and dialogue to address labor disputes and ensure the rights of both employees and employers.
This article aims to clarify the legal regulations related to collective bargaining and dialogue in the labor environment in Vietnam.
Workplace Dialogue
Workplace dialogue refers to the sharing of information, consultations, discussions, and exchanges of opinions between employers and employees or their representative organizations on matters related to the rights, interests, and concerns of both parties at the workplace. This aims to foster understanding, cooperation, and joint efforts toward mutually beneficial solutions.
Employers are required to organize workplace dialogue in the following cases:
- Annually, at least once a year;
- Upon request by one or both parties;
- In cases specified in various articles of the 2019 Labor Code, including Articles 36(1), 42, 44, 93, 104, 118, and 128(1).
While not mandatory, employers and employees or their representatives are encouraged to engage in dialogue beyond the above-mentioned cases.
Content of Workplace Dialogue
The parties involved in dialogue can choose one or more of the following topics for discussion:
- The employer’s production and business situation;
- The implementation of labor contracts, collective labor agreements, internal workplace regulations, and other commitments or agreements;
- Working conditions;
- Requests from employees or their representatives to the employer;
- Requests from the employer to employees or their representatives;
- Other topics of mutual interest.
Collective Bargaining
Collective bargaining is the process of negotiation and agreement between one or more employee representative organizations and one or more employers or employer representative organizations to establish labor conditions, regulations governing the relationship between the parties, and to promote progressive, harmonious, and stable labor relations.
Collective bargaining is conducted based on the principles of voluntary, cooperative, good faith, equality, transparency, and publicity.
The parties involved in collective bargaining may choose one or more of the following topics:
- Wages, allowances, salary increases, bonuses, meals, and other benefits;
- Working hours, rest periods, overtime, and break times;
- Job security for employees;
- Occupational health and safety; adherence to internal regulations;
- Conditions and operational means of employee representative organizations; the relationship between employers and these organizations;
- Mechanisms and methods for preventing and resolving labor disputes;
- Gender equality, maternity protection, annual leave; prevention of violence and sexual harassment in the workplace;
- Other topics of mutual concern.
Importance of Collective Bargaining and Dialogue
The regulations on collective bargaining and dialogue form a vital foundation for creating a stable and transparent labor environment in Vietnam. These mechanisms not only help resolve labor disputes peacefully but also provide opportunities for both employees and employers to participate in decision-making, ensuring mutual benefits.
Adhering to legal regulations on collective bargaining and dialogue contributes to a sustainable labor environment, benefiting the long-term development of organizations and businesses in Vietnam.
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