Hướng dẫn 1360/HD-TLĐ năm 2019 về công đoàn tham gia xây dựng và thực hiện Quy chế dân chủ ở cơ sở tại nơi làm việc do Tổng Liên đoàn Lao động Việt Nam ban hành

GUIDELINES

ON PARTICIPATION OF TRADE UNIONS IN FORMULATION AND IMPLEMENTATION OF REGULATION ON WORKPLACE DEMOCRACY

Pursuant to the 2012 Labour Code, 2012 Law on Trade Unions, 2010 Inspection Law, the Government’s Decree No. 149/2018/ND-CP dated 07/11/2018 on elaboration of Clause 3 Article 63 of the Labour Code regarding application of workplace democracy (hereinafter referred to as “Decree 149”) and Charter of Vietnamese Trade Unions;

To fulfill the roles and responsibilities of trade unions, especially grassroots trade unions, in assurance of worker’s democratic rights in enterprises and contribute to establishment of harmonious, stable and progressive labor relations in enterprises, Presidium of Vietnam General Confederation of Labour hereby provides trade unions at all levels with the following guidelines on formulation and implementation of the regulation on workplace democracy (hereinafter referred to as “Regulation”), which are applicable to non-public service providers, organizations, enterprises, cooperatives, households and individuals employing workers under labor contracts:

Part I

DUTIES OF GRASSROOTS TRADE UNIONS IN FORMULATION AND IMPLEMENTATION OF REGULATION ON WORKPLACE DEMOCRACY

I. PARTICIPATION OF GRASSROOTS TRADE UNIONS IN FORMULATION OF REGULATION

Based on the characteristics, working situation, business operations and size of each non-public service provider, organization, enterprise, cooperative, household and individual employing workers under labor contracts (hereinafter collectively referred to as “enterprise”), the worker representative or executive board of the grassroots trade union or executive board of the superior trade union (hereinafter referred to as “grassroots trade union”) shall proactively propose establishment of a team for research on Regulation formulation or amendment and number of members thereof to the employer or employer representative (hereinafter referred to as “employer”). In case of large-scale enterprises, the grassroots trade union shall propose establishment of a steering committee for Regulation formulation and a research team supporting the steering committee to the employer.

The Regulation must be formulated in accordance with the law and the enterprise’s characteristics and with due consideration given to ease of implementation.

1. Participation in formulation of content concerning worker’s right to know

The grassroots trade union shall propose that the employer elaborates and broadens the range of information to be announced by employers provided for in Article 4 of Decree 149, specifically:

Performance of departments and factories (if necessary); investment plans, enterprise charter; the enterprise’s rules and regulations related to worker’s rights and interests such as labor regulations; regulations on recruitment, employment, energy use, salary payment, bonus payment, personal protective equipment, machine and equipment operating procedures, occupational safety and hygiene, trade secret protection, technological secret protection; worker’s benefits, severance pay, redundancy pay, professional training; social insurance, health insurance and unemployment insurance payment; enterprise's financial situation, results of dialogues and execution of collective bargains; resolutions and conclusions of leaders’ meetings and conferences related to the enterprise’s orientations and development solutions and worker’s rights and interests; regulations on piece rate pay, attendance bonus, transport allowance, child care assistance, housing assistance, contribution to hardship funds (if any) and other regulations applicable to the enterprise.

2. Participation in formulation of content concerning worker’s rights to participate, decide and inspect

The grassroots trade union shall propose that the employer provides for matters over which workers have rights besides those mentioned in Articles 5, 6 and 7 of Decree 149, specifically:

- Worker’s rights to participate in formulation of resolutions of workers conferences; procedures for labor dispute settlement and labor discipline, material responsibility and other issues related to worker’s rights and obligations that require opinions; agenda and format of collective bargains involving the enterprise, a group of enterprises or a sector; agenda and format of dialogues at the enterprise.

- Worker’s rights to decide to participate in volunteer programs and clubs, rate of contribution to the enterprise’s social and charity funds, annual company trip, etc. as suitable for the enterprise’s actual situation.

- Worker’s rights to supervise provision of worker’s benefits, severance pay and redundancy pay, execution of collective bargains involving the enterprise, a group of enterprises or sector, results of implementation of resolutions of workers conferences; inspection and audit conclusions, and propositions put forward by inspectors and auditors related to worker’s rights.

3. Participation in formulation of content concerning dialogues at the workplace

Content concerning dialogues at the workplace shall be formulated based on the principles of equality, goodwill and cooperation between relevant parties and in compliance with regulations in Section 1 Chapter V of the 2012 Labour Code; and Article 8 of Decree 149 to propose additions to regulation. To be specific:

3.1. Periodic dialogues

Periodic dialogues are dialogues held on a periodic basis as prescribed by law for better practice of workplace democracy and resolution of difficulties arising during practice of workplace democracy.

- Dialogue agenda: the grassroots trade union shall research and select the agenda items suitable for the enterprise’s characteristics and situation, and prioritize matters directly related to worker’s rights and interests such as wage, bonus, working hours, breaks, quality of mid-shift meals, provision of social insurance, health insurance and unemployment insurance benefits, responsibilities of relevant parties in execution of a dialogue’s results, etc.

- Number and composition of dialogue participants shall be decided by the grassroots trade union and the employer but there shall be at least 3 participants from each party. The general rule is that the grassroots trade union selects more participants in a dialogue than the employer.

- Criteria for worker or grassroots trade union representatives participating in a dialogue shall be decided by the executive board of the grassroots trade union or the worker representative. Persons representing workers to participate in a dialogue must have a labor contract with duration of at least 3 full months, be knowledgeable about trade union and labor laws, labor and employment benefits and the enterprise's situation, possess persuasion skills and have the workers' trust.

3.2. Ad hoc dialogues

- Ad hoc dialogues are dialogues held at the request of a party or the representative of parties in labor relations to resolve urgent issues, stabilize business operations and avoid labor conflicts, mass suspensions of work and strikes.

- Number and composition of period dialogue participants and criteria for participation in a periodic dialogue are also applicable to ad hoc dialogues but ad hoc dialogues shall be held in a more urgent and simple manner. Avoid letting the party requesting an ad hoc dialogue wait, which can lead to conflicts. Time limit for replying to an ad hoc dialogue shall be 24 hours starting from the time the request for dialogue is sent.

4. Participation in formulation of content concerning workers conferences

The grassroots trade union shall propose agenda and format of workers conferences and procedures for organization thereof in accordance with regulations of laws and Article 9 of Decree 149, specifically:

4.1. Format

- Workers conferences at the enterprise shall be organized in the format of a conference of delegates or plenary conference. For enterprises with no more than 100 workers, propose organizing a plenary conference; for enterprises which have at least 101 workers or the premises of which are located in multiple localities, relevant parties shall decide on a conference of delegates or plenary conference.

- Depending on each enterprise’s characteristics, the grassroots trade union may discuss with the employer to hold an online workers conference.

- The superior trade union is encouraged to cooperate with the employer in holding workers conferences at economic group or national corporate level.

4.2. Delegates

- For plenary conferences: participants shall include all workers of the enterprise. In case a worker cannot leave their station, the grassroots trade union and the employer shall reach an agreement on participant composition but at least 2/3 of the enterprise's workers must attend the conference.

- For conferences of delegates: the grassroots trade union and the employer shall agree on the participants as appropriate to the enterprise’s current business operations, including:

+ Standard delegates: members of the Board of Directors/Board of Members or the enterprise’s chairperson; head of Control Board, controllers; general director, deputy general director, director, deputy director, Secretary of Ho Chi Minh Youth Union, executive board of the grassroots trade union or representative of the executive board of the superior trade union (for enterprises without a grassroots trade union) and other persons agreed upon by both parties.

+ For voted delegates: the grassroots trade union shall present the nominees, propose number of voted delegates as appropriate, organize a vote in a manner that ensures democracy and that worker’s voice is represented in the conference. Depending on how the conference is held, the grassroots trade union and the employer shall agree on number of additional voted delegates per number of employees (e.g., if the enterprise has at least 101 workers, at least 05 additional delegates shall be voted for every next 100 workers).

4.3. Conference organization and agenda

The grassroots trade union shall elaborate the following matters in the Regulation:

- Workers conferences may be organized at team-level, department-level, factory-level and affiliate-level (based on the enterprise’s organizational structure).

- The superior trade union is encouraged to cooperate with the employer in holding workers conferences in the format of conference of delegate at economic group or national corporate level.

- Responsibility for promulgation of plans for workers conference organization.

- Responsibility for preparation of conference’s agenda:

+ The employer shall prepare reports on the enterprise’s current business operations and direction; resolution of complaints and denunciations; emulation movements, commendation and discipline in the enterprise; use of the commendation fund, benefit fund, charity fund, social insurance, health insurance, unemployment insurance, trade union funding, etc. (information which workers have the right to know).

+ The trade union executive board shall compile results of workers conferences at team-level, department-level, factory-level, etc.; compile workers’ proposed amendments to collective bargains, regulations, rules, wage, bonus, labor productivity norm, commendation fund, benefit fund, charity fund, etc. of the enterprise; and compile other opinions pertaining to worker’s rights and interests.

- Agendas of workers conferences at team-level, department-level, factory-level, etc. shall include performance of the team/department/etc. and of the enterprise in the previous year, business direction of the enterprise and duties of the team/department/etc. in the current year; provision of opinions and propositions concerning relevant matters such as collective bargains, regulations, rules, wage, bonus, labor productivity norm, commendation fund, benefit fund, charity fund, etc. of the enterprise; election of delegates of the enterprise-level workers conference.

- Agendas of enterprise-level workers conferences shall include reports on assigned matters; provision of opinions and propositions concerning relevant matters such as collective bargains, regulations, rules, wage, bonus, labor productivity norm, commendation fund, benefit fund, charity fund, etc. of the enterprise and other matters agreed upon by the parties.

5. Participation in formulation of content concerning other forms of democracy         

Besides participating in formulation of the content concerning workplace democracy provided for in Clauses 1, 2, 3 and 4, the grassroots trade union shall propose that the employer adds other forms of democracy to the Regulation such as suggestion boxes, idea contribution, forums, documents, printed materials, bulletin boards, face-to-face discussions, meeting workers on premises of the enterprise, etc.

II. PARTICIPATION OF GRASSROOTS TRADE UNIONS IN IMPLEMENTATION OF REGULATION

After the employer promulgates the Regulation, the grassroots trade union shall supervise and organize implementation of the Regulation, ensuring worker’s rights and interests provided for by the law and the Regulation, specifically:

1. Participation in organization of execution of worker’s democratic rights

1.1. Proactively cooperate with the employer in disseminating the Regulation, results of execution of worker’s right to workplace democracy; results of workers conferences and dialogues and results of performance of other forms of democracy (if any) at the workplace to all workers.

1.2. Review and research internal rules and regulations that are no longer consistent with regulations of law or results of implementation of the Regulation to propose suitable amendments to the employer and, concurrently, cooperate with the employer in adopting the amended rules and regulations effectively.

1.3. Provide trade union teams with instructions on monitoring Regulation implementation at the enterprise’s affiliated entities and promptly reporting difficulties arising during such implementation to the grassroots trade union for timely cooperation in consideration and resolution with the employer.

2. Participation in organization of dialogues at the workplace

Periodic dialogues shall be organized in accordance with regulations in Article 8 of Decree 149. For dialogues to take place in an efficient, trustworthy and practical manner, the grassroots trade union shall take the following steps:

2.1. Periodic dialogues

2.1.1. Step 1: Dialogue preparation

- Collect worker’s opinions on the dialogue’s agenda and decide the dialogue’s format by handing out questionnaires, listening to opinions of trade union members and workers, holding meetings among trade union teams to collect opinions, etc.

- Decide the dialogue’s agenda by discussing, selecting and having members of the executive board of the grassroots trade union vote on the agenda items and, concurrently, arrange the agenda items in order of priority and as suitable for each individual dialogue and dialogue form, and assign tasks such as preparing opinions, arguments, relevant documents, etc. to each dialogue participant.

- Submit the propose agenda items to the employer according to the given schedule.

- Upon receipt of the employer’s feedback, the executive board of the grassroots trade union shall convene to consider and compile agenda items approved and rejected by the employer, explanations, etc. and assign dialogue participants to prepare counterarguments, especially for matters rejected by the employer.

- For agenda items requested by the employer, the head or deputy head of the grassroots trade union shall proactively meet the employer to finalize the dialogue’s agenda, time, venue, number and composition of dialogue participants of each party and announce these details to workers.

- Before the dialogue, the head of the grassroots trade union shall convene the dialogue participants, review assigned tasks, complete documents and figures related to the agenda, prepare opinions to be raised and counterarguments, especially important issues concerning worker's rights and interests, and, concurrently, predict possible developments and prepare solutions therefor.

2.1.2. Step 2: Dialogue holding

- Participate in assigning persons to record the dialogue in writing in compliance with requirements.

- Represent the executive board of the grassroots trade union in presenting the agenda, legal grounds, difficulties, matters urgent to workers, etc. needing to be resolved in the dialogue.

- During the dialogue, worker representatives shall show understanding and cooperation but also vigorously discuss to find the solutions. In case a new agenda item arises, request the employer to allow an internal discussion or a break to finalize the opinions before continuing.

- Immediately after the dialogue ends, worker and grassroots trade union representatives participating in the dialogue shall cooperate with the employer in completing the dialogue record, producing the conclusion for each agenda item and proposing solutions for items not yet resolved in the dialogue.

2.1.3. Step 3: Announcement of dialogue results

Within 24 hours after the dialogue ends, the grassroots trade union shall announce the dialogue’s results to workers. This time limit may be deferred for no longer than 48 hours after the dialogue ends if necessary; in case of holidays, the executive board of the grassroots trade union shall decide on an appropriate announcement method or time.

2.2. Ad hoc dialogues

Ad hoc dialogues between one or more than one worker and the employer or between the grassroots trade union and the employer shall be opened at the request of a party. Ad hoc dialogues shall be held how periodic dialogues are held but in a more urgent manner. To be specific:

2.2.1. Dialogues opened at the request of workers or grassroots trade union

- When one or more than one worker requests the grassroots trade union to represent them and hold a dialogue with the employer, the grassroots trade union shall quickly collect opinions on causes of matters urgent to the worker/workers from trade union teams, production units, departments, etc. of the enterprise to consolidate and select agenda items.  The executive board of the grassroots trade union may proactively request a dialogue according to worker’s wishes. The dialogue’s agenda must be notified to the employer and workers as soon as possible.

- If one or more than one worker directly requests the employer to hold a dialogue, the grassroots trade union shall proactively collect information and meet the worker/workers for discussion, providing advice and instructions on the dialogue’s agenda and procedures per the law. However, it is recommended that the executive board of the grassroots trade union propose that the worker/workers allow(s) the grassroots trade union to represent them in the dialogue. In case the grassroots trade union does not participate in the dialogue, it shall supervise the dialogue to protect worker’s rights and interests promptly.

- When an issue or a conflict concerning labor relations arises and must be resolved without waiting for the next dialogue, the grassroots trade union shall request the employer to hold a dialogue immediately. The dialogue must be organized in a simple, prompt and efficient manner.

- In case a new issue arises immediately after a periodic dialogue and does not require instant dialogue, the grassroots trade union shall hold a meeting to discuss the issue and select suitable time for a dialogue.

2.2.2. Dialogues opened at the request of employer

Immediately upon receipt of a request for dialogue, the grassroots trade union shall meet to finalize the dialogue’s agenda, procedures and participants; research and analyze agenda items, prepare arguments and ensure only valid opinions are presented in the dialogue to protect worker's rights and interests. Procedures and time limit for replying to the dialogue shall be conformable to regulations applicable to the dialogues provided for in Point 2.2.1. herein.

2.3. Notes

For issues put forward in a dialogue that are not yet resolved or resolved in a manner that falls short of worker’s legitimate wishes, the grassroots trade union shall persist in proposing that the employer returns to these issues in the following dialogues and, concurrently, prepare additional documents, information, opinions, etc. to convince the employer; and carry out procedures for resolution of labor conflicts as prescribed by law where necessary.

3. Participation in organization of workers conferences

3.1. Procedures for organization of workers conferences

The grassroots trade union shall cooperate with the employer in planning for workers conferences. Procedures for organization of workers conferences and agenda of such conferences, which are included in the plan for workers conferences, are as follows:

3.1.1. Step 1. General preparation

3.1.1.1. Conference planning

- Discuss and finalize conference’s agenda and format; number of delegates and apportionment of voted delegates among affiliated entities (for conferences of delegates); conference’s location and date; assignment of report preparation; funding and facilities for organizing conferences at enterprise level and affiliated entity level with the employer. Decide on provisional conference chairs and secretaries and other matters as appropriate to the enterprise’s characteristics.

- Propose establishment of organization boards for workers conferences and task assignment for each member to the employer. Each organization board shall consist of representatives of the executive board of the grassroots trade union, the employer and some other relevant units of the enterprise.

3.1.1.2. Proposing conference’s agenda

* The grassroots trade union shall:

- Prepare reports on the following matters:

+ Execution of collective bargains (if any), labor contracts, labor and occupational safety and hygiene regulations, and measures for improvement of working conditions. Implementation of regulations on democracy and dialogues at the enterprise, adoption of resolutions of workers conferences of the previous year and results of resolution of propositions put forward by workers after dialogues.

+ Results of workers conferences at affiliated entity level; adding worker’s opinions to draft reports of the employer and the executive board of the grassroots trade union, consolidating propositions sent to the employer by workers; adding worker’s opinions to draft internal regulations and rules and the draft of the new or amended collective bargain (if any).

- After collecting worker’s opinions, the executive board of the trade union shall propose the opinions to the employer for the employer to complete the draft collective bargain, which will be voted on and signed at the conference (if any).

- Provide trade union teams with instructions on report preparation and cooperation with professional bodies at the same level in organizing workers conferences at their level.

- Based on the enterprise’s situation and capacity, propose conference backdrop designs, with the following content, to the employer:

+ Logo of the enterprise (if any), logo of Vietnamese Trade Unions.

+ Organizers: the employer (name of enterprise) and the grassroots trade union or the enterprise’s workers.

+ Name of the conference

+ Time and location of the conference

Note: the year written on the backdrop shall be the year in which the conference takes place.

Sample conference backdrop (for reference)

* The employer shall prepare reports on the following matters:

- The enterprise’s performance in the previous year; business development measures, plans, missions and directions of the current year; provision of benefits related to worker's rights and interests.

- Contribution to and use of the commendation fund and benefit fund; contribution to trade union funding, social insurance, health insurance, unemployment insurance, etc. (information about which workers have the right to know and the announcement of which at the conference is necessary).

- Receive worker’s opinions and propositions and provide explanations therefor. Pass propositions submitted to the enterprise’s owner (represented by Board of Directors, Board of Members, chairperson of the enterprise or parent company) by workers for resolution (if any).

3.1.2. Step 2. Organizing workers conferences at affiliated entity level

3.1.2.1. Conference preparation

Heads of affiliated entities shall cooperate with trade unions of their affiliated entities (trade union teams) in preparing the agenda and assigned reports.

3.1.2.2. Conference organization

- Heads of affiliated entities shall cooperate with trade union teams in presiding over and organizing workers conferences according to the agenda finalized by both parties, present assigned reports such as report on achievement of targets of the previous year and the current year; report on assessment of provision of worker’s benefits in affiliated entities; and consolidate opinions submitted by workers for draft reports, regulations, rules and collective bargains at enterprise level that require their opinions.

- Based on worker’s opinions and discussion regarding the reports, heads of affiliated entities and trade union teams shall complete draft reports and propositions from workers of their respective affiliated entities to present and discuss these reports and propositions at the workers conference at enterprise level (or economic group or national corporate level).

- Nominate and elect delegates for the enterprise-level workers conference (if any).

3.1.3. Step 3. Organizing workers conferences at enterprise level

3.1.3.1. Conference directing and supporting bodies

- The conference chairs shall preside over the conference and resolve issues arising in the conference intra vires. The conference chairs shall consist of the employer representative and the representative of the trade union executive board (or worker representative), who are nominated by parties and elected at the conference. The conference chairs shall be equal in terms of rights and assigned conference directing tasks suitable for their respective roles and responsibilities. In case the chairs do not reach an agreement on some matter, request the delegates' opinions.

- The conference secretaries shall record the conference in writing, assist the conference chairs with resolving conference-related issues, directly complete the conference’s documents immediate after the conference comes to an end. There shall be 02 conference secretaries, who are designated by the conference chairs.

3.1.3.2. Conference program

- Salute the flag (if any); present the reasons for holding the conference, introduce the guests; elect the conference chairs and the conference chairs designate the conference secretaries.

- The employer representative and the representative of the trade union executive board or the worker representative present assigned reports.

- The delegates have a discussion and submit questions in the conference.

- The conference chairs (or representatives of the employer and the trade union executive board) receive opinions and answer questions concerning matters for which they have responsibility; produce conclusions via reports, internal regulations and rules and the collective bargain (if any).

- Sign the collective bargain (if any).

- Give commendation (if any).

- Launch a emulation movement, sign a mutual emulation agreement (if any).

- Vote to pass the conference’s resolution.

- Conclude the conference.

3.1.4. Step 4. Organizing execution of workers conference’s resolutions

Immediately after the conference ends, representatives of the employer and the trade union executive board shall:

- Complete reports presented in the conference based on feedback for promulgation; submit the reports to the superiors.

- Disseminate the conference’s resolution to all workers of the enterprise.

- Direct the subordinates of each party to execute the resolution intra vires.

- Research amendments to regulations and rules that are inconsistent with the collective bargain signed or amended (if any) in the conference or with the conference’s resolution.

- Assess execution of the conference’s resolution (assess completed tasks, difficulties arising during execution, propose solutions for resolution execution in the following period) on a semi-annual basis.

3.2. Workers conference time

- Propose holding workers conferences in the first quarter of each year to promote worker’s democratic rights at the workplace, in assessment of performance in the previous year and in proposing solutions for fulfillment of the new year's tasks to the employer. For joint-stock companies, workers conferences shall take place before the annual general meeting so that propositions concerning matters within the competence of the enterprise’s owner submitted by workers can be promptly resolved in the annual general meeting.

- Workers conferences at affiliated entity level shall take place according to the enterprise’s plan for workers conferences promulgated by the employer.

Part II

IMPLEMENTATION

Based on the capacity, characteristics, size and workforce of each enterprise, pursuant to regulations of law, content of these guidelines and the sample regulation enclosed therewith, trade unions at all levels shall proactively select the suitable key content related to the rights and interests of the parties to submit propositions concerning formulation and implementation of the Regulation, ensuring worker’s democratic rights and enhancing the role of trade unions in protection of worker’s democratic rights as prescribed by law.

1. Vietnam General Confederation of Labour shall:

1.1. Promulgate guidelines for participation of trade unions in formulation and implementation of the Regulation; distribute documents used to provide information and training to trade unions at all levels.

1.2. Organize dissemination of regulations in Decree 149 and other relevant regulations of law on formulation and implementation of the Regulation to Federations of Labour of provinces and cities, National Sector Unions and National Corporate Union.

1.3. Periodically inspect implementation of guidelines of the Communist Party and state regulations concerning formulation and implementation of the Regulation by subordinate trade unions, and cooperate with regulatory authorities in inspecting and supervising such implementation.

1.4. Make periodic preliminary and comprehensive assessments of results of trade unions’ participation in formulation and implementation of the Regulation, submit reports to the national steering committee for practice of workplace democracy on an annual basis.

1.5. Cooperate with competent authorities in formulating and completing regulations of law on practice of workplace democracy, especially for submitted propositions to resolve difficulties arising during implementation.

2. Federations of Labour of provinces/cities, National Sector Unions and equivalent shall:

2.1. Organize dissemination of guidelines of the Communist Party, state laws and guidelines of Vietnam General Confederation of Labour for trade unions’ participation in formulation and implementation of the Regulation to trade union officials and workers under their management; propose promulgating instructional documents in relation to practice of workplace democracy to party executive committees and governments at the same level and, concurrently, proactively cooperate with regulatory bodies and local governments in promoting and encouraging formulation and implementation of the Regulation in their respective localities.

2.2. Direct and assist superior trade unions with the tasks assigned herein, enabling superior trade unions to give advice and support concerning formulation and implementation of the Regulation at enterprises to grassroots trade unions and workers, especially enterprises without a grassroots trade union; formulate and implement the Regulation at some locations to provide models for learning and implementation on a wider scale.

2.3. Provide training in professional operation and skills for officials of subordinate trade unions to equip these officials with information, procedures and skills necessary for formulation and implementation of the Regulation.

2.4. Periodically inspect practice of workplace democracy per regulations of law and these guidelines by subordinate trade unions or cooperate with professional bodies in such inspection.

2.5. Submit preliminary and summary reports on results of practice of workplace democracy to Vietnam General Confederation of Labour on semi-annual and annual bases (sample data report is provided for in appendix enclosed therewith).

3. Superior trade unions shall:

3.1. Organize dissemination of regulations of law on practice of workplace democracy to trade unions officials, trade union members, workers and employers or cooperate with professional bodies at the same level in this dissemination, provide training for officials of grassroots trade unions under their management.

3.2. Review formulation and promulgation of the Regulation by grassroots trade unions under their management and enterprises in localities under their management for timely assistance. Cooperate with grassroots trade unions in formulating and implementing the Regulation, especially for content about dialogues at the workplace and organization of workers conferences.

3.3. Review enterprises without a trade union in localities under their management, especially enterprises the trade unions of which are not yet established and the workers of which request assistance in formulation of the Regulation.

3.4. Proactively meet and cooperate with owners of the enterprises mentioned in Point 3.3. herein to propose plans for formulation of the Regulation. Content of the Regulation and procedures for formulation thereof shall be conformable to the regulations in Part I of these guidelines. After the Regulation is promulgated, superior trade unions shall organize its implementation in place of the grassroots trade union until grassroots trade unions are established in these enterprises.

3.5. Submit periodic preliminary and summary reports on results of practice of workplace democracy in enterprises under their management to their superior trade unions.

3.6. Regularly monitor and supervise practice of workplace democracy to promptly request local governments and professional bodies at the same level to expedite and remind enterprises to practice workplace democracy according to regulations, ensuring worker’s rights and interests.

4. Effect

These guidelines come into force from September 10, 2019 and supersede Guidelines No. 1755/HD-TLD dated 20/11/2013 on participation of trade unions in formulation and implementation of the Regulation and Guidelines No. 1499/HD-TLD dated September 21, 2015 on organization of workers conferences and formulation of the regulation on workplace dialogues by trade unions. Any difficulty arising during implementation of these guidelines should be promptly reported to Vietnam General Confederation of Labour (via Socio-Economic Policy and Emulation Department) for research, consideration and appropriate amendment./.

DECISION

on Promulgation of Regulation on Workplace Democracy

[Name of enterprise]

GENERAL DIRECTOR/DIRECTOR

[Name of enterprise]

- Pursuant to the 2012 Labour Code;

- Pursuant to the Government’s Decree No. 149/2018/ND-CP dated November 07, 2018 on elaboration of Clause 3 Article 63 of the Labour Code regarding application of workplace democracy (hereinafter referred to as “Decree 149”);

- Pursuant to Resolution of the workers conference in [year] of [name of enterprise]

- At the request of the human resources/administration/labor and wage department and the trade union executive board;

DECISION

Article 1. Promulgated together with this Decision is Regulation on Workplace Democracy of [name of enterprise].

Article 2. This Regulation takes effect from the date on which it is signed.

Article 3. Members of Board of Directors/Board of Members, General Director/Director, Deputy Director, heads of departments and affiliated entities and employees shall implement this Decision.

REGULATION ON WORKPLACE DEMOCRACY OF ENTERPRISE

(Promulgated together with Decision No. … dated [date] by [name of enterprise])

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

This regulation provides for content and format of the right to know and rights to participate, decide and inspect of workers; organization of dialogues and workers conferences at the workplace; rights and responsibilities in relation to participating in and organizing practice of workplace democracy of workers, executive boards of grassroots trade unions and general directors, deputy directors or authorized persons (hereinafter collectively referred to as “employer”) at the workplace.

Article 2. Rules on practice of workplace democracy

1. The employer must respect and ensure democratic rights of their employees, which are provided for by the law and this Regulation.

2. This Regulation shall be implemented in a manner that is transparent, promotes worker’s right to control and contributes to improvement of worker's quality of life and enterprise development.

3. Exploitation of workplace democratic rights to commit violations against the law, threaten national security, public order and social safety or jeopardize state interests and lawful rights and interests of workers and the employer is prohibited.

CHAPTER II

CONTENT OF REGULATION ON WORKPLACE DEMOCRACY

Article 3. Content and format of employer’s announcement of information about which workers have the right to know

1. Content

- The content mentioned in Article 4 of Decree 149.

- The content mentioned in Section 1 Part I of Guidelines No.   /HD-TLD by Vietnam General Confederation of Labour.

- Other content (if any)

2. Format

- Announce via departments, affiliated entities, internal bulletins or internal radios or in writing to workers.

- Announce via weekly or monthly briefings or dialogues between workers and the employer.

- Openly post at locations easily seen.

- Announce via the executive board of the grassroots trade union (every 3 months).

- Announce in the annual workers conference.

Article 4. Content and format of opinion contribution, decision and inspection and supervision by workers (may be divided into Articles providing for the right to participate, right to decide and right to inspect separately)

1. Content

- The content mentioned in Articles 5, 6 and 7 of Decree 149.

- The content mentioned in Section 2 Part I of Guidelines No.   /HD-TLD by Vietnam General Confederation of Labour.

2. Format

2.1. Opinion contributing methods

- Contribute opinions via workers conferences, briefings of departments and affiliated entities, and suggestion boxes.

- Collect worker's opinions directly.

- Contribute opinions in meetings, conferences and seminars at the enterprise.

2.2. Deciding methods

- Sign labor contracts.

- Pass resolutions by voting in workers conferences.

- Vote in meetings and conferences at the enterprise.

2.3. Inspecting and supervising methods

Inspect and supervise via the grassroots trade union or by sending propositions, complaints and denunciations as prescribed by law.

Article 5. Organization of dialogues at the workplace

1. Rules on dialogues

Formulate dialogue’s agenda in compliance with regulations in Article 8 of Decree 149 and Section 1 Chapter V of the 2012 Labor Code.

2. A dialogue's agenda shall include:

- Performance and other activities of the enterprise

- Execution of labor contracts, collective bargains, regulations, commitments and other agreements at the workplace

- Working and living conditions, occupational safety and hygiene

- Requests for resolution of an issue from individual workers and groups of workers pending response from the employer

- Other matters of concern to workers and the employer

3. Format, time, number and composition of participants of dialogues

Format, time, number and composition of participants of dialogues shall be decided according to the guidelines in Clause 3 Section I Part I of Guidelines No.    /HD-TLD by Vietnam General Confederation of Labour.

4. Dialogue organization procedures

Dialogue organization procedures shall be formulated in compliance with the guidelines in Clause 2 Section II Part I of Guidelines No.   /HD-TLD by Vietnam General Confederation Of Labour.

5. Conditions and facilities for dialogue organization

The employer shall make preparation for dialogues in relation to venue, time, documents and procedures necessary for a dialogue to take place, and allow workers to take time off to join dialogues involving their participation.

Article 6. Organization of workers conferences

1. Rules on organization of workers conferences

- Workers conferences shall be held from the affiliated entity level.

- A workers conference must meet requirements for the agenda and number and composition of delegates.

- A workers conference’s resolution is valid when its content is not contrary to regulations of law and this Regulation.

2. Content, format, composition and number of participants, preparation, organization procedures and responsibilities of relevant parties for organization of workers conferences

- These matters shall be provided for in accordance with Clause 3, Section II Part I of Guidelines No.   /HD-TLD by Vietnam General Confederation Of Labour.

3. Facilities for workers conferences shall be ensured in compliance with regulations in Article 11 of Decree 149 and approved plans for workers conference organization.

CHAPTER III

IMPLEMENTATION

Article 7. Responsibilities of employer

1. Take charge and cooperate with the executive board of the grassroots trade union of the enterprise in properly implementing this Regulation, ensuring effective promotion of the right to control of the enterprise's workers.

2. Execute labor contracts with workers properly; collective bargains, regulations of the enterprise and applicable regulations of law related to rights and obligations concerning workplace democracy of the employer.

Article 8. Rights and responsibilities of workers

1. Have their democratic rights and right to participate in political organizations, socio-political organizations and socio-professional organizations ensured according to regulations of law and this Regulation.

2. Exercise their right to workplace democracy in compliance with regulations of law and this Regulation.

Article 9. Responsibilities of departments and affiliated entities of enterprise

Take charge and cooperate with the executive board of the grassroots trade union in disseminating this Regulation to all workers of the enterprise, and ensuring worker’s right to workplace democracy according to regulations of law and this Regulation; organize implementation of this Regulation, give instructions on, inspect and supervise such implementation intra vires.

Article 10. Rights and responsibilities of grassroots trade union

1. The grassroots trade union of the enterprise/ worker representative shall cooperate with the employer and departments and affiliated entities of the enterprise in raising worker’s awareness to enable workers to exercise their right to workplace democracy according to regulations of law and this Regulation.

2. The head of the grassroots trade union of the enterprise/worker representative may be invited to monthly/weekly briefings and conferences on preliminary and comprehensive assessments and contribute opinions about the management situation, the enterprise’s performance and other matters related to the rights and interests of workers of the enterprise.

Article 11. Effect

This Regulation comes into force from the day on which it is signed and supersedes Regulation … on workplace democracy dated [date]. Difficulties that arise during the implementation of this Regulation should be promptly reported to the general director/director or Board of Directors/Board of Members (the employer) for guidance and resolution.

Appendix: Data report for implementation of regulation on workplace democracy

(Enclosed with Guidelines No. 1360/HD-TLD dated 28/8/2019 by Vietnam General Confederation of Labour)