Hướng dẫn 1499/HD-TLĐ năm 2015 về công đoàn tham gia tổ chức Hội nghị người lao động và xây dựng quy chế đối thoại tại doanh nghiệp do Tổng Liên đoàn Lao động Việt Nam ban hành

GUIDANCE

FOR TRADE UNIONS ON PARTICIPATING IN ORGANIZATION OF WORKERS’ MEETING OF AND ESTABLISHING REGULATION ON TALKS ORGANIZED BY ENTERPRISES 

After the Government’s Decree No. 60/2013/NĐ-CP guiding regulations of the Labor Code regarding the implementation of policies for democracy at the working places has been promulgated, the Vietnam General Federation of Labour has promulgated the Guidance No. 1755/HD-TLĐ for Trade Unions on participating in establishment and implementation of the policies for democracy at the working places. However, many organizations get confused in the course of implementation because the aforesaid guidance is not detailed.

For the purpose of getting unanimity and facilitating trade unions at all levels, especially the grassroots trade unions, in participating in organization of the workers’ meeting and establishing regulation on talks organized by enterprises, the Vietnam General Federation of Labour hereby provides for the following guidelines:

Part I

GUIDANCE FOR TRADE UNIONS ON PARTICIPATING IN ORGANIZATION OF WORKERS’ MEETING

A. Process for organization of workers’ meeting: 

The executive board of grassroots trade union shall cooperate with the employer to organize the workers’ meeting according to the following order:

Step 1. Preparation for the workers’ meeting

1. Plan for organizing the workers’ meeting:

1.1. Get complete agreement about form of organizing the meeting; the number of voted delegates and dividing delegates into affiliated units (if the meeting is organized for the workers' delegates); location and time; preparation for the meeting reports; expenditures and material facilities ensuring the organization of meetings at enterprises and affiliated divisions or units. Make plan for establishing the Presidium and Secretaries of the meeting.

1.2. Assignment for enforcing the plan: The employer shall establish the organization board of the workers’ meeting and assign tasks to each member to enforce the plan.

2. Preparation for contents of the workers’ meeting:

2.1. Responsibilities of the executive board of grassroots trade union:

a. Prepare reports on the following contents:

- Reports on performance of the collective labour agreement, labour contracts, internal labour regulation, labour safety and hygiene and methods for improving working conditions. Reports on implementation of the policies for democracy, talks organized by enterprises and results of resolution of complaints made by the labour collective after each talk is organized.

- Reports on results of the workers' meetings organized by divisions, workshops or production teams; aggregating suggestions of the workers in draft reports of the employer and those of the executive board of grassroots trade union, aggregating suggestions and ideas of the labor collectives for the employer; the workers’ suggestions about the contents of draft internal regulation, rules and new or amended draft collective labour agreement (if any).

b. Prepare list of members who are recommended for a voting for the representative of labour collective to participate in organization of talks.

c. After suggestions of the workers have been taken, the trade union and the employer shall complete the draft collective labour agreement for voting and sign at the workers’ meeting (if any).

d. Direct the people’s inspection board to set up reports on its operations and recommend personnel for voting the people’s inspection board if the term of the people’s inspection board comes into an end (as for state-owned enterprises).

dd. Guide the trade unions of divisions or trade union groups to prepare reported contents and participate with specialized personnel at equivalent level in organizing the workers’ meeting at each division according to the plan.

2.2. Responsibilities of the employer:

Prepare reports on the following contents:

- Reports on business and production results of previous year; directions and duties of business and production plans or methods; situation on executing the policies for rights and benefits of the workers.

- Reports on publicity of financial information for extracting, setting and using bonus fund and welfare fund; payment of trade union dues, and social, health and unemployment insurance premiums, etc.

- Reports on receipt and explanation of suggestions and proposal of the workers. Approve the workers' suggestions and submit them to the owner (represented by the Board of Directors, Board of members, Company’s President or parent company) for resolution (if any).

Step 2. Organization of the workers’ meetings at divisions, workshops or production teams

1-Preparation of the workers’ meeting: Heads of divisions, workshops or production teams (hereinafter referred to as head of unit) shall cooperate with the trade unions of divisions, workshops or production teams (hereinafter referred to as trade union of division) to prepare contents and program of the meeting; reports on assigned duties.

2. Organization of the workers’ meetings at divisions, workshops or production teams:

Head of unit presides or cooperates with the president of the trade union of division to organize the workers’ meeting. Two parties shall jointly preside and manage the meeting according to the approved program.

- Head of unit shall report results of targets of previous year and production duties and targets executed in the following year according to the superior’s assignment, and then, briefly present draft of corporate reports and drafts of internal regulation and rules, etc. (amended or supplemented), if any.

- President of the trade union of division reports on evaluating the implementation of polices and regimes for the workers in that division; compile the workers' suggestions to the drafting of reports and internal regulation, rules and collective labour agreement from corporate-level trade union for contribution of ideas.

- The workers discuss the solutions for executing production and business targets; suggest and ask for improving working conditions at each division; discuss contents of draft materials sent from the corporate-level trade union for contribution of ideas.

- Recommend a representative for being voted member of talks by the corporate-level workers’ meeting.

- Vote delegate for attending the corporate-level workers’ meeting if the enterprise organizes the delegates’ meeting.

Step 3. Organization of the corporate-level workers’ meetings

1. Etiquette:

a) Flag saluting ceremony.

b) Vote the Presidium and Secretaries of the meeting:

- The Meeting’s Presidium includes representative of the employer and president of the corporate-level trade union. The Presidium shall preside and manage the meeting according to the approved program.

- There are 01 or 02 secretaries of the meeting as voted at the meeting. The meeting’s secretaries shall record the minutes and draft Resolution of the meeting.

2. Contents:

a) The employer and president of grassroots trade union present their reports as assigned.

b) Delegates discuss and question the employer and president of grassroots trade union at the meeting.

c) The employer and president of grassroots trade union receive ideas and answer for questions under their powers.

d) Enter into the collective labour agreement (if any).

e) Elect representative of the labour collective to participate in the talk; as for the state-owned enterprise, elect the people’s inspection board (if its term comes into an end).

g) Launch emulation campaigns and sign a mutual agreement for emulation (if any).

h) Vote for approving the resolution of the workers’ meeting.

Step 4: Implementation of the resolution of the workers’ meeting

The employer and president of grassroots trade union shall:

- Receive ideas for completing reporting contents stated at the workers’ meeting for promulgation; submit reports to superiors.

- Disseminate resolution of the meeting to all workers.

- Direct inferiors of each party to implement the resolution according to assigned functions and duties.

- Do research for amending the contents of internal regulation or rules which are inconsistent with the signed or amended collective labour agreement (if any) or inconsistent with the resolution of the workers’ meeting.

- For every 6 months, make evaluation on executing the resolution of the workers’ meeting.

B. Certain recommendations for participating in organization of workers’ meeting 

1. Time for organizing the workers’ meeting:

- The workers’ meeting should be annually organized in Quarter I in order that effect of the resolution of the workers’ meeting is promoted from the beginning of year, the workers can contribute their ideas and execute solutions for raising the enterprise’s business and productions results, and the employer carries out commitments on the workers’ rights and benefits which generate motivation in the workers for eagerly working. As for joint-stock companies, the workers’ meeting should be organized prior to the organization of general meeting of shareholders in order that suggestions from the workers’ meeting which must be decided by the owner shall be timely submitted and solved at the company’s general meeting of shareholders.

- The workers’ meetings of divisions, workshops and production teams shall be organized under the plans for organizing the corporate-level workers’ meeting promulgated by the employer.

2. Participants in talk: 

- All members of the executive board of the grassroots trade union are automatically participants in the talk;

- Members for voting at the workers' meeting are elected by the executive board of the grassroots trade union basing on recommendations from the workers at divisions, workshops or production teams. Depending on scale and the number of workers of the enterprise, the executive board of the grassroots trade union can decide the quantity of elected participants which may be equivalent to 30% to 50% of total members of the executive board of the grassroots trade union.

Part II

ESTABLISHMENT OF REGULATION ON TALKS ORGANIZED BY ENTERPRISES

A. STEPS FOR ESTABLISHING REGULATION ON TALKS 

For the purpose of establishing the regulation on talks with significant effect, suitable to the enterprise’s actual operating activities and in conformity with the laws, the executive board of the grassroots trade union shall comply with the following steps:

Step 1. Preparation affairs 

- Suggest the employer to establish a group for editing the regulation on talks, including representatives of the employer and the executive board of the grassroots trade union. The editorial group includes the group leader and members. The editorial group shall do a research on relevant laws and the enterprise’s organizational situation of production and business activities to collect basic materials for draft of the regulation on talks.

- Request the trade union of higher level to give support and assistance in the course of establishing the enterprise’s regulation on talks; in case of need, request the legal consulting center of the trade union to give assistance in the course of establishing the regulation on talks.

Step 2. Establishing draft of regulation on talks

The editorial group shall set up the outline and lay-out of the regulation (estimated number of chapters, name of each chapter; number of articles and name of each article) and ask for ideas of the employer and the executive board of the grassroots trade union. Perfect the outline and lay-out of the regulation; carry out detailed draft of contents of the regulation.

Step 3. Getting ideas, perfecting contents and submitting the regulation to the employer for promulgation.

- After the draft of regulation on talks is prepared, the trade union shall preside over getting ideas of the labour collectives at divisions, workshops or teams. Summarize ideas, acknowledge and perfect the contents of the regulation. Explain to the labour collectives about the reasons that their ideas were rejected.

- After the draft of regulation has been completed, the employer and the executive board of the grassroots trade union shall consider and approve its contents for promulgation.

B. BASIC CONTENTS OF REGULATION ON TALKS 

In most cases, the regulation on talks are divided into 5 chapters, including Chapter I - General Provisions, Chapter II - Periodical talks, Chapter III - Unscheduled and requested talks, Chapter IV - Taking actions against after-talk matters, Chapter V – Implementation.

Basing on the main contents stated in Section B herein and the enterprise’s actual situation, the executive board of the grassroots trade union shall cooperate with the employer to establish the enterprise’s regulation on talks. Main contents of each chapter of the regulation as specific as below:

Chapter I

GENERAL PROVISIONS 

This chapter includes the following basic contents:

1. Scope

This regulation on talks provides for periodical talks and unscheduled talks organized by the enterprise, including: principles of talks, participants, number of members of each party participating in the talk, order for performing the talk and enforcing the talk’s results.

2. Regulated entities

The regulated entities of this regulation include the employer, the executive board of the grassroots trade union and the workers in the enterprise.

3. Quantity, participants and requirements for participating in the talk

- The enterprise’s participants in the talk:

- Participants in the talk who are representatives of the labour collectives:

- Requirements for participating in the talk:

4. Establishing talk groups

- Talk groups representing the employer:

- Talk groups representing the labour collectives:

5. Duties of talk groups representing the employer: decided by the employer

6. Duties of talk groups representing the labour collectives

- Get and summarize ideas of the workers, suggest the contents and plans of the talk; task each participant in the talk to prepare ideas about the contents of the talk.

- Present and protect the talk contents suggested by the representatives of the labour collectives; analyze, explain and criticize the employer for suggested content of the talk.

- Report on results of the talk to the executive board of the grassroots trade union and the labour collectives. Follow the organization for enforcing the results of the talk.

7. Principles of the talk: Sharing, goodwill, respecting for mutual benefits and consenting, etc.

8. Selecting location and time of the talk

Chapter II

PERIODICAL TALKS

This chapter includes the following main contents:

1. Content of periodical talks:

Periodical talk shall be organized at the working place for every 03 months and chaired by the Director or attorney of the Director in cooperation with the executive board of the grassroots trade union for exchanging and discussing the following contents: the enterprise’s business and production situation; execution of labour contracts, collective labour agreement, internal regulations, rules and other commitments or agreements at the working place; working conditions; requests of the labour collectives for the employer; requests of the employer for the labour collectives; and other contents taking both parties' interest.

2. The employer’s preparation for contents of the talk

The employer shall suggest and prepare the contents of the talk, and assign tasks to the talk members; send the contents of the talk to the representatives of the labour collectives.

3. The executive board of the grassroots trade union’s preparation for contents of the talk

The executive board of the grassroots trade union shall:

- Get ideas of the workers about the contents of the talk thorough suitable forms of getting ideas. Members of the executive board of the grassroots trade union and participants in the talk shall learn about actual situation and do research on suggested contents of the talk.

- Summarize ideas suggested by the workers to the contents of the talk; the board of the grassroots trade union shall arrange matters and contents suggested for the talk under order of priority; discuss, select and vote for practical and feasible matters and contents for putting into the talk contents.

- Task participants of the talk groups representing the labor collectives to prepare relevant ideas and documents for protecting suggested talk contents.

- President of the grassroots trade union shall send contents of the talk to the employer and inform the workers of such contents.

4. Receive and take actions against the talk contents sent by representatives of the labour collectives

5. Receive and take actions against the talk contents sent by the employer

When receiving the talk contents sent by the employer, the president of the grassroots trade union shall, together with the executive board of the grassroots trade union, hold a meeting to consider and make approval on accepted or unaccepted contents; specify reasons for acceptance or refusal; make decision on appointing members to participate in the talk groups representing the labour collectives; task members of the talk groups to do research, analyze and find out grounds for answering about refused contents.

6. Approval on contents, location and time of the talk, and check preparation for the talk

- After the talk contents are delivered, the parties shall discuss to make unanimous approval on contents, location and time of the talk, and the list of participants in the talk of each party.

- The employer makes decision on organizing periodical talk at the working place.

- Each party shall engage in talk groups' meetings for checking the works assigned to each member and completing documents and figures relating to the talk contents that the parties sent to each other; ideas opposing against unsuited contents of each party; preparing plans and forecast arisen situations and taking actions against such situations.

7. Requirements for conducting the talk

- Distance between two continuous periodical talks shall not exceed 90 days. If the time of the periodical talk falls into the time of the workers' meeting, the periodical talk may be cancelled.

After 90 days as of the ending day of the previous periodical talk, none party suggests the contents of the talk, the employer and the president of the grassroots trade union shall meet, discuss and enter into minutes with the following contents: Continue execution of matters approved in the minutes of previous talks in substitute for organization of this periodical talk.

- The periodical talk at the working place shall be organized at the approved location and time. If the employer changes location or time of the talk, the employer must grant prior notice to the president of the trade union and members of the talk.

- The attendance of at least 2/3 of representatives of each party is compulsory to conduct the periodical talk at the working place. Failing in meeting the aforesaid required rate of attendance, the employer can suspend the talk and change time of the talk to another day provided that the suspended period shall not exceed 03 working days as of the conducting date of the suspended talk.

- During the talk, the participants in the talk shall provide information, figures, materials, democratically exchange and discuss the contents of the talk.

8. Conducting the talk

- Leader of the talk group shall present each talk content, legislative documents and actual situation of the talk content.

- Members of the talk groups of the parties shall listen and follow the presentation of the talk contents of the parties.

- Leader of the talk group shall appoint members of his talk group to answer for their assigned contents or oppose against unsuited or unfeasible contents suggested by the parties. In case of any unprepared matter arisen, the parties can suggest to suspend the talk to consult together. Then, the talk shall be continued.

- Approve on conclusion of each matter and content of the talk and prepare minutes of the talk. Contents of the minutes of the talk must include approved contents, methods for execution, unsolved contents due to many opposite ideas and further methods for resolution.

Chapter III

UNSCHEDULED OF REQUESTED TALKS

This chapter includes the following main contents:

1. Requirements for conducting the unscheduled talk

In case of any urgent matter arisen, the parties can request for conducting an unscheduled talk to promptly stabilize business and production situation and avoid any conflict resulting in labour dispute arisen in the enterprise.

2. Order for conducting unscheduled talk

Order and procedures for conducting unscheduled talk shall comply with those of periodical talks but it should be conducted in the best express manner. To be specific:

- If there is any urgent or pressing matter actually arisen and need to be immediately solved, the employer or the executive board of the grassroots trade union shall discuss and approve the talk contents and send letter of such contents to the executive board of the grassroots trade union or the employer requesting for unscheduled talk. Such letter includes contents, reasons, time and location of the talk, and the number of participants in the talk.

- Provide for deadline of sending documents and time of the talk.

- If the talk is unsuccessful because the matters and contents put into the talk have been unsolved, the minutes of unsuccessful talk shall be made with further methods for resolution.

- Location and time of the talk shall be decided by the employer.

Chapter IV

TAKING ACTIONS AGAINST AFTER-TALK MATTERS

This chapter provides for the following matters

After the talk, the employer and the executive board of the grassroots trade union shall summarize, assess and assign the following tasks:

1-The employer and president of the grassroots trade union shall prepare the minutes of the talk specifying approved contents and methods for execution. The minutes shall be entered into representatives of the parties with the seals affixed herein.

2-The employer shall publish the minutes of the periodical talk in the enterprise and inspect the execution of the approved contents of the talk.

3-As for the contents of unsuccessful talk, the employer and the executive board of the grassroots trade union shall prepare further materials and figures for discussing in the following talk, or if the talk is not organized, procedures for labour dispute shall be carried out in accordance with the laws.

Chapter V

IMPLEMENTATION

1. Responsibilities of the employer and the executive board of the grassroots trade union for implementation of this regulation.

2. Responsibilities of heads of the enterprise’s departments.

3. Responsibilities of the workers.

4. Powers and requirements for making amendments to the regulation.

This guidance takes effect from the date of promulgation.

Notes for establishing the regulation on talks: If the enterprise has complex organizational structure with many managing levels and its business activities decentralized in a wide area, a chapter providing for decentralized administration and sharing of the talk contents to the inferiors should be added to the regulation on talks. The corporate-level talk is organized to discuss the contents which belong to its authority and are not assigned to the inferiors. Results of the talks organized by the lower divisions shall take effect as those of the corporate-level talks but such results only take effect at division organizing the talk.

The foregoing is the guidance provided by the Vietnam General Federation of Labour for trade unions on participating in organization of the workers’ meeting and establishing regulations on talks at the working place.

The Federations of Labour in provinces and cities and National Industrial Unions and equivalent levels, trade unions of corporations affiliated to the General Federation are requested to provide training for lower-level trade unions and subordinate grassroots trade unions for execution. Any difficulties arisen during the course of implementation should be promptly submitted to the Vietnam General Federation of Labour (through Department of Socio-economic Policies, Emulation and Reward) for consideration and resolution./.