Chương V: Thỏa ước lao động tập thể

Chapter V

COLLECTIVE LABOR ACCORD

Article 44.-

1- The collective labor accord (hereafter called collective accord) is a written agreement between the labor collective and the employer on the conditions for labor and use of labor; and the rights, interests and obligations of both parties in their employment relations.

The collective accord is negotiated and signed by the representative of the labor collective and the employer on the principles of voluntariness, equality and openness.

2- The contents of the collective accord must not contravene the provisions of labor legislation as well as other legislation.

The State encourages the signing of collective accords with terms more favorable to the employees than those prescribed by labor legislation.

Article 45.-

1- The representatives to the negotiations of a collective accord between the two parties shall be composed of the following:

a/ From the labor collective: the Executive Committee of the local Trade Union or the provisional trade union organization;

b/ From the employer: the Director of the business or his/her delegate duly empowered under the Statute on Organization of Businesses or a person mandated by the business Director.

The number of representatives to the negotiations, of a labor accord from each party shall be decided by mutual agreement, but the two sides must have equal numbers.

2- The representative who signs for the labor collective shall be the President of the Executive Committee of the local trade union or the person mandated by this committee. The representative who signs for the employer shall be the business Director or a person with the mandate of the business Director.

3- The signing of the collective accord can be effected only when more than 50% of the members in the labor collective in the business agree to its negotiated contents.

Article 46.-

1- Each party is entitled to file its own request for the signing of the collective accord as well as to propose its contents. Upon reception of the request, the recipient must agree to negotiate and shall discuss the time for beginning the negotiations which shall be no later than 20 days from the reception of the request.

2- The main contents of the collective accord shall contain commitments on the work and the guarantee of work; the time for work and the time for rest; the salaries, bonuses and wage subsidies; the labor standards, labor safety, labor sanitation and social insurance for the employees.

Article 47.-

1- This signed collective accord shall be made into four copies, of which:

a/ One copy is to be kept by the employer;

b/ One copy is to be kept by the Executive Committee of the local trade union;

c/ One copy is to be sent by the local trade union Executive Committee to its next higher level;

d/ One copy is to be sent by the employer to the provincial labor office for registration, no later 10 days from the date of signing.

The businesses which have their establishments in many provinces or cities directly under the Central Government shall have the collective accord signed at the labor office of the province where the business has its main office.

2- The collective accord shall take effect from the day of registration at the provincial labor office. Within fifteen days from the reception of the collective accord, the provincial labor office must announce the registration. If no announcement is made after the said time limit expires, the collective accord shall automatically take effect.

Article 48.-

1- The collective accord shall be considered partially invalid if one or more of the terms in the accord are not yet accepted by the provincial labor office; nevertheless, the other terms which have been registered are still valid for implementation.

2- The collective accord shall be considered completely invalid in one of the following circumstances:

a/ The entire content of the accord is contrary to law;

b/ The signatories do not have the proper competence;

c/ The negotiation and signing of the accord do not proceed according to the prescribed order; or

d/ The accord has not been registered at the provincial labor office.

3- The declaration to annul the collective accord which is considered invalid in the circumstances stipulated at Point a, Item 2, of this Article comes under the jurisdiction of the provincial labor office. With regard to the collective accord signed in circumstances described in Points (b), (c) and (d), Item 2, of this Article, if the terms of the signed accord are favorable to the employees, the provincial labor office shall guide the parties to revise it in due procedure. If no-revision is forthcoming, the provincial labor, office shall declare to annual the accord.

Article 49.-

1- Once the collective accord has taken effect, the employer must notify accordingly all employees at the business. Everyone at the business, including those who are hired after the signing of the collective accord, has the responsibility to implement it.

2- When the rights and interests of the employees, upon which agreement has been reached in the labor contract, are lower than those stipulated in the collective accord, the corresponding terms in the collective accord shall apply. All regulations on labor in the business must be changed according to the stipulations in the collective accord.

3- When one party deems that other party either fails to fulfill or violates the collective accord, that party is entitled to demand that the other party conform to the accord. The two parties must discuss a solution. If they cannot agree, each party is entitled to demand resolution of the labor dispute concerning collective labor, according to proceedings prescribed by law.

Article 50.- The collective accord is signed for terms ranging from one year to three years. For a business which signs a collective accord for the first time, the term may be less than one year.

Only three months after the accord takes effect, for accords with terms shorter than one year, and six months, for accords with terms ranging from one year to three years, shall each of the parties be entitled to propose amendments or additions to the accord. These amendments and additions shall be made in the same procedure for the signing of a collective accord.

Article 51.- Prior to the expiring of the collective accord, the two parties may negotiate to extend its term or sign a new accord. If the negotiations are continuing at the time the previous accord expires, that collective accord shall continue to be effective. If the negotiations yield no new collective accord, within three months of the expiring of the previous accord, that accord shall automatically cease to be effective.

Article 52.-

1- When a division of a business occurs, or an assignment of ownership, management power or the right to property utilization by a business is made, the succeeding employer has the responsibility to continue to abide by the collective accord until it expires or until a new collective accord is signed.

When businesses merge, the implementation of the collective accord shall be directed by the Government.

2- When a collective accord ceases to be effective because the business terminates its operation, the rights and interests of the employees shall be settled according to Article 66 of this Code.

Article 53.- The employer shall bear all expenses which incurred in the negotiations, signing, registration, amendment, addition and publication of the collective accord.

The representatives of the labor collective who are employees on the payroll of the business shall continue to receive their salaries while taking part in the negotiations and signing of the collective accord.

Article 54.- The provisions in this Chapter shall apply to the negotiations and signing of collective accords within any industry.