Chương III Nghị định 05/2015/NĐ-CP hướng dẫn bộ luật lao động: Thương lượng tập thể, thỏa ước lao động tập thể

Chapter III

COLLECTIVE BARGAINING, COLLECTIVE BARGAINING AGREEMENT

Article 16. Periodic collective bargaining

Periodic collective bargaining as specified in clause 2 of Article 67 of the Labor Code shall be conducted at least once a year. Time of conducting periodic collective bargaining shall be agreed by both parties

Article 17. Responsibilities of trade unions, organizations representing employers and regulatory agencies in charge of labor issues for attending collective bargaining sessions

1.On receipt of the written request made by either collective bargaining party, Vietnam General Confederation of Labor, Confederation of Labor of central-affiliated cities and provinces, Trade Union as the immediate superior at grassroots level, central and local organizations representing employers , the Ministry of Labor – War Invalids and Social Affairs, the People's Committee of a province and district shall appoint officials to attend collective bargaining sessions

2. Officials appointed to attend the collective bargaining sessions by agencies, organizations shall provide information related to the negotiation contents, guidance on laws on labor for participants in such collective bargaining process.

Article 18. Signatory of business collective bargaining agreements

1. Signatory of the business collective bargaining agreement in clause 1 of Article 83 of the Labor Code shall be prescribed as follows

a) Signatory on the collective side shall be the chairman of the trade unions at grassroots level or the chairman of the immediate superior of such trade unions at places where trade unions at grassroots level have not been founded ;

b) Signatory on the employer side shall be legal representatives as prescribed in the regulations of the enterprise, cooperative, the head of the agency, organization or individual using the employees according to the employment contracts.

2. If signatory of the collective bargaining agreement as prescribed in clause 1 of this Article does not directly sign the collective bargaining agreement, he or she shall legally authorize in writing others to conclude such agreement. The authorized person shall not be allowed to authorize another person to conclude the collective bargaining agreement .

Article 19. Responsibilities for receiving the collective bargaining agreement of agencies in charge of State management of labor

 Responsibilities of the agencies in charge of State management of labor for receiving the collective bargaining agreement shall be prescribed as follows:

1. Make management books of collective bargaining agreement in the form provided by the Ministry of Labor, War Invalids and Social Affairs

2. Within 15 days from the receipt of the collective bargaining agreement, if collective bargaining agreements are detected with unlawful contents or ultra vires conclusion, the State management agencies shall request in writing the People's Court to declare the collective bargaining agreement is null and void, and send this request to two contracting parties .

If the collective bargaining agreement is not in effect, the state management agencies shall request in writing the two parties to negotiate the amendments and supplements to the collective bargaining agreement and send this request to the state management agencies as prescribed.

Article 20. Petition for declaring that collective bargaining agreement becomes invalid

During the time of inspection or settlement of labor complaints and denunciation, if collective bargaining agreement is detected with one of the cases prescribed in Article 78 of the Labor Code, inspection delegation leaders or self-employed inspectors or persons assigned to perform the specialized inspection tasks shall make a report on the invalid collective bargaining agreement, and request in writing the People’s Court to declare that collective bargaining agreement becomes invalid.