Tiếng Việt
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A harmonious working environment is one of the most important aspects in Vietnam that all companies should reach for. To achieve such a workplace, open dialogue between the employees and the employers is the best method. So, what are the regulations on dialogue in the workplace in Vietnam?
Dialogue is a type of communication that is regulated in the Labor Code of Vietnam. However, most companies in Vietnam don’t execute the dialogue exactly as how it should be performed.
There are definitely regular conversations between the employer and the employees at the company but it is not exactly in the nature of dialogue as stipulated in the Labor Code.
The failure of performing dialogue may result in tension in the workplace and resentment between the employees and the employers.
So, what are dialogue and its regulations?
Dialogue in Vietnam
According to Clause 1, Article 63, Section 1, Chapter V of the Labor Law 2019, dialogue at the workplace means the sharing of information, discussions between the employer and employees, or representative organization of employees regarding the issues relevant to the rights and interests of the parties at the workplace in order to strengthen the understanding, cooperation and work out mutually beneficial solutions.
In each company, the dialogue must be performed in the following cases:
a) at least once a year;
b) whenever requested by one or both parties;
c) in any of the events specified in Point a Clause 1 Article 36, Articles 42, 44, 93, 104, 118, and Clause 1 Article 128 of the Labor Code 2019.
In addition, employers, employees, and representative organizations of employees are encouraged to hold dialogues on occasions other than those specified in the law and the Vietnamese Government shall provide specific regulations for the organization of dialogue and implementation of democracy regulations in the workplace.
Content of dialogue in the workplace
Apart from the mandatory contents specified by the Labor Code in each unique situation involving the relations of employment and labor, the parties may include one or some of the following contents in the dialogue:
a) Business performance of the employer;
b) Performance of the employment contracts, collective bargaining agreement, internal labor regulations, other commitments and agreements at the workplace;
c) Working conditions;
d) Requests of employees and representative organization of employees to the employer;
dd) Requests of the employer to the employees and the representative organization of employees;
e) Other issues of concern to either or both parties.
The parties in a dialogue in Vietnam
To participate in a dialogue in the workplace, the minimum numbers of parties needed are 2.
On the employer’s side, based on production and business conditions, the labor organization, the employer shall decide on the number and composition of his/her representative to participate in the dialogue, ensuring that at least 03 people, including the legal representative of the employee.
On the employee’s side, based on production and business conditions, labor organization, structure, number of employees and gender equality factors, the employee representative organization at the grassroots level and the representative group of employees for dialogue determine the number and participants of the dialogue, but must ensure the following quantity:
- At least 03 people, if the employer employs less than 50 employees;
- At least from 04 to 08 people, if the employer employs from 50 employees to less than 150 employees;
- At least from 09 to 13 people, if the employer employs from 150 employees to under 300 employees;
- At least from 14 to 18 people, if the employer employs between 300 and under 500 employees;
- At least 19 to 23 people, if the employer employs between 500 and under 1,000 employees;
- At least 24 people, if the employer employs 1,000 or more employees.
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.
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