REGULATIONS OF COLLECTIVE BARGAINING IN THE VIETNAMESE LAW

Thương lượng tập thể là gì? Nội dung và nguyên tắc thương lượng tập thế

I. Legal Basis

2019 Labor Code

II. Definition of Collective Bargaining

CESTI - Nâng cao hiệu quả đối thoại và thương lượng tập thể tại doanh nghiệp tư nhân và doanh nghiệp có vốn đầu tư nước ngoài trên địa bàn TP.HCM

Collective bargaining refers to the negotiation and agreement process between one or more organizations representing employees and one or more employers or employer organizations. The objective is to establish working conditions, regulate relationships between the parties, and build progressive, harmonious, and stable labor relations.
Collective bargaining is conducted based on the principles of voluntariness, cooperation, good faith, equality, openness, and transparency.

III. Contents of Collective Bargaining

PHÂN BIỆT ĐỐI THOẠI TẠI NƠI LÀM VIỆC VÀ THƯƠNG LƯỢNG TẬP THỂ

The prescribed card set negotiation content includes the following contents:

  • Wages, allowances, salary increases, bonuses, meals, and other benefits;
  • Work quotas, working hours, rest periods, overtime, and break times;
  • Job security for employees;
  • Occupational safety, hygiene, and enforcement of workplace regulations;
  • Conditions and means of operation for employee representative organizations, and relationships between employers and these organizations;
  • Mechanisms and methods for preventing and resolving labor disputes;
  • Ensuring gender equality, maternity protection, annual leave, and prevention of violence and sexual harassment in the workplace;
  • Other topics of interest to one or more parties.

IV. Collective Bargaining Process in Enterprises

Trường hợp thương lượng tập thể không thành

When the employee representative organization at the workplace or the employer requests collective bargaining, the receiving party cannot refuse to negotiate.

Within 7 working days from the date of receiving the request and bargaining contents, both parties shall agree on the venue and starting time of the negotiations. The start of negotiations must not exceed 30 days from the date of the bargaining request.

The collective bargaining process must not exceed 90 days from the start of negotiations unless otherwise agreed by both parties.

During the bargaining process, upon the request of the employee representative organization, the employer must provide information regarding the production and business operations and other relevant matters within 10 days of receiving the request. This is to facilitate effective collective bargaining, excluding trade secrets and technological secrets.

The employee representative organization at the workplace has the right to organize discussions and collect feedback from employees regarding the content, procedures, and results of the collective bargaining process.

V. About Us, Hankuk Law Firm

Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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