Chương IV: Thực hiện dân chủ ở tổ chức có sử dụng lao động

Chapter IV

IMPLEMENTATION OF DEMOCRACY AT EMPLOYING ENTITIES

Section 1. IMPLEMENTATION OF DEMOCRACY AT STATE ENTERPRISES

Subsection 1. DISCLOSURE OF INFORMATION AT STATE ENTERPRISES

Article 64. Information to be disclosed by state enterprises

1. Except data or information classified as state secrets, trade secrets or those of which disclosure is prohibited in accordance with law, state enterprises shall internally disclose the following information:

a) State of production and business or operation of enterprises prescribed by law on enterprises and other relevant laws;

b) Labor rules, pay scale, table, labor norms, internal rules, regulations and other regulations related to the rights, obligations and responsibilities of all employees;

c) Collective bargaining agreements of which an enterprise is a signatory or member;

d) Establishment and use of the reward fund, welfare fund and other funds to which contributions are made by the employees (if any);

dd) Setting-aside of funds for payment of trade union dues, social insurance, health insurance and unemployment insurance contributions;

e) Performance related to implementation of such activities as emulation, commendation, disciplining, settlement of complaints and denunciations related to rights, obligations and interests of the employees;

g) Regulations on implementation of democracy of an enterprise;

h) Other information about finance, management of public assets and personnel under law and regulations on implementation of democracy at an enterprise.

2. State enterprises shall be encouraged to disclose information about observance of business ethics, culture and implementation of corporate social responsibility.

Article 65. Method and time of disclosure

1. Information shall be disclosed in the following forms:

a) by public posting;

b) by the notification issued at the staff meeting; at the dialogue between the employer and the Executive Committee of Trade Union at the enterprise, the representation boards of other representation organizations (if any) of employees at the enterprise; at meetings between units and departments of the enterprise;

c) by the written notice sent to all of staff members;

dd) by the notice sent to employees through heads of units and departments of the enterprise playing their conduit roles;

dd) by the written notice sent to employees through the Executive Committee of Trade Union of the enterprise, representation boards of other employee representation organizations (if any) at the enterprise;

e) through the notice posted on the internal information system or on the web portal or website of the enterprise;

g) through telecommunication networks or social networks legally operated under laws, and with approval from the Executive Committee of Trade Union of the enterprise, representation boards of other employee representation organizations (if any) at the enterprise;

h) by other method of communication of information that is not in contravention of laws and is prescribed in regulations of implementation of democracy at the enterprise.

2. The information specified in Article 64 herein shall be disclosed within 15 working days of receipt of decisions or written documents of competent authorities relating to the information to be disclosed, unless otherwise prescribed in law.

Article 66. Responsibilities for conducting disclosure of information at state enterprises

1. Where state enterprises subject to disclosure requirements have their own websites or electronic information systems, the heads of these enterprises shall be responsible for posting the information specified in Article 64 of this Law on these platforms for at least 20 consecutive days from the date of commencement of posting or delivery of information, unless otherwise provided for by law.

2. If the aforesaid website or electronic information system is not available, the duly authorized representative of the enterprise shall be responsible for posting the information specified in Article 64 of this Law at the enterprise’s main office or the workplaces of directly related departments or units for at least 20 consecutive days from the date of commencement of posting, except in case of using the form of written notification to all employees of the enterprise, or unless otherwise defined by law.

3. In addition to disclosure of information in the forms specified in clause 1 and 2 of this Article, based on the characteristics and nature of activities and the matters to be disclosed, the duly authorized representative of the state enterprise may decide on other form of disclosure specified in clause 1 of Article 65 herein provided that this form of disclosure fits well into the actual condition of each enterprise with a view to ensuring that employees can have access to disclosed information in an accurate, adequate, timely and easy manner.

4. Authorized representative of an enterprise shall be responsible for conducting, at the request of employees, the provision of the information that has not been disclosed within the time limit for disclosure; the information of which time limit for disclosure has expired; or the information that is being made public but, due to force majeure, the requester cannot access.

5. State enterprises subject to disclosure requirements may further determine the information to be disclosed, the form of disclosure, the application of the forms of disclosure for each certain type of information in question, the method of implementation, the provision of information as required in the regulations on implementation of democracy according to the characteristics of organization, operation and actual conditions of the enterprises, and without breach of the provisions of this Section.

6. Where there is any other regulation on the form and method of public disclosure of specific types of information, such other regulation shall govern.

Subsection 2. EMPLOYEES OF STATE ENTERPRISES HAVING ACCESS TO CONSULTATION

Article 67. Matters subject to staff consultation requirements

1. Collective bargaining agreements reached in accordance with law.

2. Establishment of funds, collection, spending, management and use of amounts of income or contribution of employees.

3. Election or discharge from office of any member of the People’s Inspectorate.

4. Content of the resolution made in the meeting of employees.

5. Other matters relating to self-management within the state enterprise that are not in breach of regulatory provisions, and conform to traditional values, customs and social ethics.

Article 68. Form of employee consultation

1. Employees shall discuss and decide on the matters specified in clauses 2, 3, 4 and 5 of Article 67 of this Law at the employee meeting at the request of the Executive Committee of the Trade Union at the enterprise or other employee representation organizations (if any) at the enterprise, the authorized representative of the state enterprise, or when at least one third of total number of employees of the enterprise makes the same request.

2. Where an employee meeting cannot be held due to any force majeure event, or the employee meeting that has been convened for the second time fails to be attended by the number of attendees specified in point c of clause 2 of Article 69 herein, the duly authorized representative shall, after reaching agreement with the Executive Committee of the Trade Union of the enterprise, and other employee representation organizations (if any) at the enterprise, decide to distribute opinion surveys to all employees at the enterprise.

3. Consultation about the matters specified in clause 1 of Article 67 in this Law shall be subject to labor laws.

Article 69. Organization of employee meetings

1. The employee meeting shall be held by the leadership of the state enterprise, the Executive Committee of the enterprise's Trade Union, the representation board of other employee representation organization (if any) of the enterprise.

The employee meeting shall be held annually on the date after end of the financial year of the enterprise, or the date falling within the period of 3 months in the following year as decided by the authorized representative of the enterprise after consulting with the Executive Committee of the Trade Union of the enterprise or the representation board of other employee representation organization (if any) of the enterprise.

An irregular employee meeting may be held at the request of the entities specified in clause 1 of Article 68 herein.

2. The attendance of an employee meeting at a state enterprise shall be as follows:

a) For an enterprise hiring less than 100 employees, the general meeting attended by all employees in the enterprise shall be held, except in the case specified in point b of this clause;

b) For an enterprise hiring 100 or more employees in total, or less than 100 employees who work over a large area or cannot leave their offices for professional reasons, the authorized representative of the enterprise shall agree with the Executive Committee of the Trade Union of the enterprise, the representation board of other employee representation organization (if any) at the enterprise to decide that the participants in the meeting are all employees, or their representatives according to the current condition of the enterprise;

c) The employee meeting is deemed legitimate when at least two-thirds of total number of employees, or at least two-thirds of total number of invited attendees are present. The resolution or decision made in the meeting shall be approved when more than 50% of total number of attendees agree; and when the content thereof is not in contravention of the provisions of law; and when the content thereof is conformable to social ethics.

3. Agenda, attendance, time, location, process and responsibilities of the employee meeting shall be subject to the Government’s regulations.

Article 70. Responsibilities for tabling matters for employee consultation, decision and implementing decisions of employees

1. The duly authorized representative of the state enterprise shall be responsible for cooperating with the Executive Committee of the Trade Union, the representation board of other employee representation organization (if any) of that enterprise in reaching agreement on the policy and developing the plan to hold the employee meeting, or conduct the distribution of survey forms to employees for the purposes of employee consultation on the matters specified in Article 67 of this Law.

2. The duly authorized representative of the state enterprise shall be responsible for cooperating with the Executive Committee of the Trade Union, the representation board of other employee representation organization (if any) of that enterprise in informing, providing instructions about and promoting the implementation of the resolution of the employee meeting, regulations on implementation of democracy at the enterprise and other matters that employees agree on and decide; appointing a liaison to cooperate in, monitor and propose the timely action in response to situations arising during the implementation period.

3. Every six months, the duly authorized representative of the state enterprise shall be responsible for cooperating with the Executive Committee of the Trade Union, the representation board of other employee representation organization (if any) of that enterprise in conducting the examination and assessment of results of implementation of the resolution of the employee meeting; notifying the inspection and assessment results to all employees of the enterprise.

4. Party or Trade Union members, employees of the state enterprise shall have responsibilities to play an active role in discussing and deciding the matters specified in Article 67 of this Law, and seriously implementing the decision obtaining unanimous opinions from all employees; If it is found that the decision of all employees does not comply with the prescribed processes and procedures, or contains breach of the provisions of law or social ethics, they shall reserve the right to file their appeals or petitions to the Executive Committee of the immediate superior Trade Union or competent state agency.

Subsection 3. EMPLOYEES OF STATE ENTERPRISES GIVING THEIR COMMENTS

Article 71. Matters subject to employees’ comments

1. Matters subject to employees’ comment before the state enterprise comes to its final decision shall be comprised of the following:

a) Formulation, revision and modification of internal rules, regulations and other documents of the enterprise relating to the obligations, legitimate rights and interests of each employee;

b) Formulation, revision and modification of the pay scale, table and labor norms;

c) Management of implementation of solutions for improvement of working condition, environmental protection, fire safety; corruption and misconduct prevention and control;

d) Draft internal processes and procedures relating to settlement of labor disputes, sanctions against breach of labor disciplines, physical responsibilities and other matters relating to rights and obligations of employees that the enterprise consult with;

dd) Draft regulations on implementation of democracy of the enterprise;

e) Other matters relating to rights and obligations of employees prescribed in law and regulations on implementation of democracy within the enterprise.

2. The matters that employees give their comments on at the request of the employee representation organization shall be comprised of the following:

a) Content and form of the collective bargaining agreement;

b) Content and form of the dialogue to be held at a state enterprise.

Article 72. Forms of employee’s comment

Based on the characteristics, nature of activities and contents of the employee comment, employees at a state enterprise may give their comments through one or several of the following forms:

1. Directly or with the help of the head directly in charge of the unit or department of an enterprise, giving their comments or opinions;

2. Through the employee representation organization or group of representatives to the employee meeting;

3. Through the dialogue at the enterprise;

4. Giving their comments or opinions via the feedback mailbox, hotline, internal information system, web portal or website of the enterprise;

5. Others that are not in contravention of laws and are prescribed in regulations on implementation of democracy at the enterprise.

Article 73. Organizing workplace dialogues

1. State enterprises shall have a duty to organize an annual dialogue with their employees and employee representation organizations; hold dialogues at the request of one or the parties or in other cases as prescribed by law to share information, consult with, discuss and exchange opinions between the employing entity and the employees or the employee representation organization on issues related to the rights, interests and concerns of parties in the workplace in order to enhance understanding, cooperation, and joint efforts towards mutually beneficial solutions.

2. Organization of the dialogue at the workplace shall be subject to laws on labor and regulations on implementation of democracy at the enterprise.

Article 74. Responsibilities for conducting employee comment

1. The leadership of a state enterprise shall be responsible for conducting an opinion poll to collect comments and opinions from employees on the matters specified in Article 71 of this Law; directing the receipt and consolidation of opinions and feedback from employees; studying, handling and responding to the opinions of participants, and announce explanations, clarifications or responses to employees.

2. The Executive Committee of the Trade Union and other employee representation organization (if any) of the enterprise shall cooperate in conducting an opinion poll; supervise the employee consultation process, the results of explanation and response to and implementation of the issues on which staff members comment; consult before the head of the workplace decides to impose regulations on implementation of democracy within the workplace.

3. Party, Trade Union members and employees within a state enterprise shall have the responsibility to play active roles in contributing and giving opinions or comments to enterprises in order to better ensure the rights and interests of employees; build a harmonious and stable labor relationship; and contribute to the sustainable development of enterprises; monitoring, evaluating and supervising the consolidation, explanation and acceptance of opinions on the matters that have been tabled for employee comments, and the process of implementation of decisions related to these matters.

Subsection 4. EMPLOYEES OF STATE ENTERPRISES GIVING THEIR COMMENTS

Article 75. Matters subject to inspection or supervision of employees

1. Employees of state enterprises may inspect the implementation of the matters that the collective of employees has discussed and decided as specified in Article 67 herein.

2. Employees may supervise the implementation of law on grassroots democracy by state enterprises, implementation of policies and laws by duly authorized representatives, the leadership, management and other persons having authority of enterprises.

Article 76. Form of inspection or supervision of employees

1. Employees shall directly conduct inspection and supervision through:

a) labor, production or daily life activities of employees at their enterprises;

b) observation of, insight about and conversation with persons holding office or powers and other employees within an enterprise;

c) access to disclosed information; information, reports of the enterprise or persons assigned to manage or implement the matters that staff members have discussed and decided;

d) participation in employee meetings, workplace dialogues or other gathering events at the workplace.

2. Employees shall carry out their inspection and supervision through the service of the People's Inspectorate of a state enterprise.

Article 77. Organization of People’s Inspectorates at state enterprises

1. The People’s Inspectorate of a state enterprise shall be composed of 03 – 09 members elected in the employee meeting at the recommendation of the Executive Committee of the Trade Union or other employee representation organization (if any) of the state enterprise.

If the state enterprise has particular characteristics or operates in a non-centralized manner, the employee meeting may decide on a greater number of members of the People's Inspectorate to ensure its effective operation.

2. Each member of the People’s Inspectorate must be a staff member of a state enterprise having good moral qualities, earning good credit in the state enterprise, having good health condition to fulfill his/her assigned tasks; having knowledge about policies, laws and voluntarily joining the People's Inspectorate; not at the same time holding office as the duly authorized representative, the member of the leadership, management or the chief accountant of the state enterprise.

3. Tenure of a People's Inspectorate shall be 02 years. During its tenure, if any position of member is vacant; or any member of the People’s Inspectorate fails to fulfill his/her assignments, no longer earns trust or applies for his/her resignation, the Executive Committee of the Trade Union, or the representation board of other employee representation organization (if any) of the state enterprise shall request the employee meeting to consider such resignation and elect another person as a substitute for the previous member.

4. The People’s Inspectorate of a state enterprise shall be composed of the Head, Vice Head(s) and Member(s). The Head of the People’s Inspectorate shall bear joint responsibility for its operation; the Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform duties assigned by the Head.

Article 78. Duties and powers of People’s Inspectorates at state enterprises

1. Inspect implementation of decisions collectively issued by employees; supervise the implementation of laws on implementation of democracy at the grassroots level at the state enterprise.

2. Give competent agencies or persons recommendations about sanctions or actions to be taken according to regulatory provisions when detecting signs of violation against laws, and supervise the implementation of such recommended actions.

3. Request the duly authorized representative, leadership or management of the state enterprise to provide relevant information and documents to serve verification, inspection and supervision purposes.

4. Consider verifying specific cases at the request of employees of the state enterprise.

5. Appeal to the leadership or management of the state enterprise to deal with errors and defects discovered through the inspection and supervision process; ensure the lawful and legitimate rights and interests of employees; commend units and individuals delivering good performance. If a person is found to have committed any act of violation against laws, he/she shall recommend a competent agency or organization to examine and handle such case.

6. Accept complaints or petitions from employees relating to the scope of inspection and supervision of People's Inspectorates.

Article 79. Operation of People’s Inspectorates at state enterprises

1. Operation of a People’s Inspectorate at a state enterprise shall follow the direction and instruction from the Executive Committee of the Trade Union.

2. According to the resolution of the employee meeting held at the state enterprise and direction or guidance of the Executive Committee of Trade Union of that enterprise, the People’s Inspectorate shall design quarterly, six-monthly and annual working programs.

3. The People’s Inspectorate shall be responsible for reporting on its performance to the Executive Committee of Trade Union and in the employee meeting of the enterprise.

Article 80. Handling of results of inspection and supervision of employees

1. Through direct inspection and supervision, employees can contribute their opinions to competent persons of state enterprises in order to promptly address issues or problems arising from organization and management; prevent acts of misconduct or offences against laws; ensure the legitimate rights and interests of employees, and contribute solutions to develop state enterprises.

2. When detecting acts and matters suspected of violation, employees shall reserve the right to lodge their claims or complaints according to the provisions of law, or report them to the duly authorized representative, the leadership or management of the state enterprise; their appeals, petitions or grievances to competent state authorities concerned, Trade Union, other employee representation organizations or collective organizations of the state enterprise of which they are members; or their appeals or motions to the People's Inspectorate for its review, examination, inspection or supervision falling within its remit.

3. Institutions, units, entities and persons specified in clause 2 of this Article shall be responsible for receiving, handling and settling complaints, denunciations, petitions or grievances from staff members under their jurisdiction, or for carrying out the examination, inspection or supervision as per law.

Article 81. Responsibilities for guarantee for inspection or supervision of employees

1. The leadership of a state enterprise shall assume the following responsibilities:

a) Cooperate with the Executive Committee of the Trade Union of a state enterprise or the representation board of other employee representation organization (if any) of the state enterprise, based on the requirements, tasks, organizational and operational characteristics, nature, and actual condition of the state enterprise, on formulating and publishing regulations on the implementation of democracy to further specify the content and method of implementation of democracy at the state enterprise as a basis for employees’ inspection or supervision of such implementation of democracy. The governing scope of regulations on implementation of democracy at enterprises may be further expanded without any conflict with or restriction on the implementation of the matters already specified in this Law;

b) Create a mechanism to receive feedback, comments, motions, complaints or petitions from employees at the state enterprise; hold dialogues and explanatory meetings with employees in accordance with law;

c) Promptly examine, review, process, settle, explain or respond to complaints, denunciations, motions, petitions or grievances of employees, and recommendations of the Trade Union and other employee representation organizations of the state enterprise; refer information about issues to competent authorities if these issues fall ultra vires;

d) Create necessary and required conditions for the People's Inspectorate to perform its inspection and supervision duties in accordance with law by informing the People's Inspectorate of the major policies and laws related to organization and operation of enterprises; fully and promptly provide necessary information and documents at the request of the People's Inspectorate; promptly consider and handle recommendations of the People's Inspectorate, and notify the results thereof within 15 days from the date of receipt of these recommendations; notify the People's Inspectorate of the results of handling of petitions and complaints and the compliance with the law on implementation of democracy at the enterprise;

dd) Sanction persons who commit acts of obstructing employees to exercise their inspection or supervision rights, or persons who commit acts of taking their revenge on or victimizing complainants, appellants, petitioners, accusers or complainants; in accordance with laws; persons who commit acts of preventing operation of the People's Inspectorate, retaliating or victimizing members of the People's Inspectorate in accordance with law.

2. The Executive Committee of the Trade Union at the state enterprise shall assume the following responsibilities:

a) Recommend personnel to the employee meeting to be elected as a member of the People’s Inspectorate; recognize the results of election as a member of the People’s Inspectorate; propose the dismissal of a member of the People’s Inspectorate;

b) Instruct the People's Inspectorate in formulation of working programs, plans, schedules and activities; consider the review report on performance of the People's Inspectorate; provide instructions about and direct operation of the People's Inspectorate; participate in the activities of the People's Inspectorate when deeming it necessary;

c) Consider and handle the recommendations of the People’s Inspectorate; monitor and encourage the settlement of the recommendations of the People’s Inspectorate to the duly authorized representative, leadership and management of the enterprise or the competent authority;

d) Encourage employees to advocate, coordinate and actively support the activities of the People's Inspectorate;

dd) Provide funding for activities of the People’s Inspectorate.

3. Employees shall be responsible for their appeals, petitions, denunciations or complaints; shall proactively and actively cooperate with the People's Inspectorate, responsible institutions, entities or persons on verifying, inspecting and supervising the issues involved in these appeals, petitions, denunciations or complaints.

4. The Government shall impose detailed regulations on organization and operation of People’s Inspectorates at state enterprises.

Section 2. IMPLEMENTATION OF DEMOCRACY AT NON-STATE ENTERPRISES OR OTHER ENTITIES HIRING AND EMPLOYING WORKERS UNDER EMPLOYMENT CONTRACTS

Article 82. Implementation of democracy at non-state enterprises or other entities hiring and employing workers under employment contracts

1. Implementation of democracy at non-state enterprises or other entities hiring and employing workers under employment contracts shall be subject to general regulations of Chapter I herein and other specific regulations on implementation of democracy at workplace as stated in law on labor and other relevant law.

2. Non-state enterprises or other entities hiring and employing workers under employment contracts may, depending on the organizational characteristics and nature, operation and actual organizational conditions, choose to apply regulations on implementation of democracy at state enterprises as specified in Section 1 of this Chapter at their workplaces; shall notify these regulations to be applied to their Trade Unions, and publish them for employees’ access.

3. During the period of formulation and issuance of regulations on implementation of democracy at non-state enterprises or other entities hiring and employing workers under employment contracts, they should extend the scope, content and form of implementation of democracy prescribed in laws without breach or restriction of rights to implement democracy of employees prescribed in this Law and other relevant laws.