Chapter V
DIALOGUE IN THE WORKPLACE
Section 1. Holding dialogue in the workplace
Article 37. Responsibility to hold dialogue in the workplace
1. The employer shall cooperate with the internal employee representative organization (if any) in organizing dialogue in the workplace in accordance with Clause 2 Article 63 of the Labor Code.
In case of employees that are not members of the internal employee representative organization, the employer shall cooperate with the internal employee representative organization (if any) in instructing and enabling these employees to choose their representatives (hereinafter referred to as “representative group”) who will participate in the dialogue in accordance with Clause 2 Article 63 of the Labor Code. The quantity of representatives shall comply with Clause 2 Article 38 of this Decree.
2. The employer shall include the following contents about dialogue in the workplace as prescribed in Clause 2 Article 63 of the Labor Code in their internal workplace democracy regulations:
a) Rules for dialogue in the workplace;
c) Composition and quantity of participants of each party and quantity thereof according to Article 38 of this Decree;
c) Frequency and time of dialogues in a year;
d) How to organize periodic and ad hoc dialogue when requested by either party or over an incident
dd) Responsibilities of the parties to the dialogue according to Clause 2 Article 63 of the Labor Code;
e) Application of Article 176 of the Labor Code to representatives of employees who are not executive members of the internal employee representative organization;
g) Other contents (if any).
3. In addition to the responsibilities specified in Clause 1 and Clause 2 of this Article, the employers shall:
a) Assign representatives of the employer to participate in the dialogue in the workplace as per regulations;
b) Arrange location, time and necessary equipment for the dialogue in the workplace;
c) Submit reports on dialogue in the workplace and internal workplace democracy regulations to labor authorities when requested.
4. The internal employee representative organization and the representative group shall:
a) Assign representatives to participate in the dialogue as per regulations;
b) Comment on the internal workplace democracy regulations;
c) Collect the employees’ opinions; prepare the agenda of the dialogue;
d) Participate in the dialogue with the employer in accordance with Clause 2 Article 63 of the Labor Code, this Decree and the internal workplace democracy regulations.
5. Employers, employees and employee representative organizations are encouraged to hold dialogues in occasions other than those specified in Clause 2 Article 63 of the Labor Code if appropriate under their business and workplace conditions and in accordance with their internal workplace democracy regulations.
Article 38. Composition and quantity of participants in dialogue and quantity thereof
Pursuant to Clause 2 Article 63 of the Labor Code, the composition and quantity of participants in dialogue in the workplace and quantity thereof shall comply with the following regulations:
1. The employer's party:
The employer shall assign at least 03 persons to represent the employer in the dialogue depending on the business conditions, personnel organization and in accordance with the internal workplace democracy regulations, including the employer’s legal representative.
2. The employees' party:
a) Depending on the business conditions, personnel organization, structure and quantity of employees, and gender equality, the internal employee representative organization and the representative group shall appoint participants in the dialogue as follows:
a1) At least 03 persons if the employer has fewer than 50 employees;
a2) 04 – 08 persons if the employer has 50 – 149 employees;
a3) 09 – 13 persons if the employer has 150 – 299 employees;
a4) 14 – 18 persons if the employer has 300 – 499 employees;
a5) 19 – 23 persons if the employer has 500 – 999 employees;
a6) At least 24 persons if the employer has at least 1000 employees.
b) On the basis of the quantity of the employees’ representatives specified in Point a of this Clause, the internal employee representative organization and the representative group shall appoint a number of participants in the dialogue according to the ratio of quantity of their members to total quantity of employees.
3. The list of participants specified in Clause 1 and Clause 2 of this Article shall be periodically compiled at least once every 02 years and disclosed at the workplace. In case a person can no longer participates, the employer, employee representative organization or representative group shall consider appointing a new participant and announce it at the workplace.
4. When holding the dialogue in accordance with Clause 2 Article 63 of the Labor Code, in addition to the participants specified in Clause 3 of this Article, both parties may invite all employees or relevant employees to participate; ensure participation of female employees if the dialogue involves rights and interests of female employees prescribed in Clause 2 Article 136 of the Labor Code.
Article 39. Holding periodic dialogues in the workplace
1. The employer shall cooperate with the internal employee representative organization and representative group in holding periodic dialogues in accordance with Point a Clause 2 Article 63 of the Labor Code and internal workplace democracy regulations.
2. Participants in periodic dialogues are those specified in Clause 3 Article 38 of this Decree. Time, location and method of holding periodic dialogues shall be arranged by both parties according to their conditions and internal workplace democracy regulations.
3. Within 05 working days before the day on which a periodic dialogue is held, each party shall send their dialogue topics to the other party.
4. A periodic dialogue shall only be initiated when it is participated in by the employer’s legal representative or authorized person and 70% of the employees’ representatives prescribed in Clause 3 Article 38 of this Decree. Minutes of the dialogue process shall be taken. The minutes shall bear signature of the employer’s legal representative or authorized person and representatives of each employee representative organization (if any) and representative of the representative group (if any).
5. Within 03 working days from the end of the dialogue, the employer shall announce the main contents of the dialogue at the workplace; The employee representative organization (if any) or representative group (if any) shall disseminate these contents to employees that are their members.
Article 40. Holding dialogue when requested by either party or both parties
1. A dialogue shall be held at the request of either party or both parties if:
a) The dialogue topics are accepted by the employer’s legal representative; or
b) The dialogue topics are accepted by at least 30% of the employees’ participants prescribed in Clause 3 Article 38 of this Decree.
2. Within 05 working days from the receipt of the dialogue topics mentioned in Clause 1 of this Article, the receiving party shall send a written response which specifies the time and location of dialogue. The employer and the employees’ representatives shall cooperate with each other in holding the dialogue.
3. Minutes of the dialogue shall be taken. The minutes shall bear signatures of the parties’ representatives in accordance with Clause 4 Article 39 of this Decree.
4. Within 03 working days from the end of the dialogue, the employer shall announce the main contents of the dialogue at the workplace; the employee representative organization (if any) or representative group (if any) shall disseminate these contents to employees that are their members.
Article 41. Holding dialogue over an incident
1. In case the employer must consult with the internal employee representative organization about employees’ performance according to Point a Clause 1 Article 36; dismissal of employees according to Article 42; employment plan according to Article 44; pay scale, payroll and productivity norms according to Article 93, reward scheme according to Article 104 and labor regulations according to Article 118 of the Labor Code:
a) The employer shall send a document specifying the issues that need discussing to the employees’ representatives;
b) The employees’ representatives shall collect opinions from the employees whom they represent; compile them into a document and send it to each internal employee representative organization and representative group for sending to the employer; female employees’ opinions must be collected if the dialog topics are relevant to their rights and interests;
c) On the basis of collected opinions, the employer shall hold the dialogue to discuss the topics and share information about the issues raised by the employer;
d) Both parties shall determine the composition and quantity of participants, time and location of dialogue in accordance with the internal workplace democracy regulations;
dd) Minutes of the dialogue shall be taken. The minutes shall bear signatures of the parties’ representatives in accordance with Clause 4 Article 39 of this Decree;
e) Within 03 working days from the end of the dialogue, the employer shall announce the main contents of the dialogue at the workplace; the employee representative organization (if any) or representative group (if any) shall disseminate these contents to employees that are their members.
2. In case of employee suspension prescribed in Clause 1 Article 128 of the Labor Code, the employer, the employee representative organization and the suspended employee that is a member may discuss in writing or in person through representatives of the employer and the employee representative organization.
Section 2. IMPLEMENTATION OF THE INTERNAL WORKPLACE DEMOCRACY REGULATIONS
Article 42. Rules for implementation of the internal workplace democracy regulations
1. Amicability, cooperation, honesty, equality, transparency.
2. Respect for lawful rights and interests of the employer, employees, relevant organizations and individuals.
3. Compliance to law and social ethics.
Article 43. Information to be disclosed by the employer
1. The employer shall disclose the following information to the employees:
a) The employer’s business performance;
b) Labor regulations, pay scale, payroll, productivity norms, rules and regulations and other regulatory documents of the employer relevant to employees’ interests, duties and responsibilities;
c) Collective bargaining agreements participated in by the employer;
d) Establishment, contribution to and use of reward and benefit funds and other funds to which employees contribute (if any);
dd) Trade union contributions; payment of social insurance, health insurance and unemployment insurance premiums;
e) Rewards and commendations given; disciplinary actions taken; settlement of complaints and denunciations relevant to employees' rights, duties and interests;
g) Other contents prescribed by law.
2. The employer shall disclose the information mentioned in Clause 1 of this Article using the method prescribed by law. In case such no specific method is prescribed by law, the employer shall choose one of the following disclosure methods and specify it in the internal workplace democracy regulations in accordance with Article 48 of this Decree:
a) Publicly posting the information at the workplace;
b) Making announcements during meetings and dialogues between the employer and the internal employee representative organization or representative group;
c) Sending written notifications to the internal employee representative organization, which will subsequently notify employees;
d) Making announcements on the internal information system;
dd) Other methods that are not banned by law.
Article 44. Methods of commenting and topics on which employees may comment
1. Employees may comment on the following topics:
a) Formulation of and revisions to rules and regulations and other regulatory documents of the employer relevant to employees’ rights, duties and interests;
b) Formulation of and revisions to the pay scale, payroll, productivity norms; proposed collective bargaining contents;
c) Proposals, implementation of solutions for saving costs, improving productivity, work conditions, environmental safety, fire safety;
d) Other contents relevant to the employees’ rights, duties and interests;
2. Employees shall make comments on the topics mentioned in Clause 1 in accordance with the methods prescribed by law. If commenting methods are not prescribed by law, employees may choose one of the following methods according to business conditions and internal workplace democracy regulations:
a) Making comments directly or through the internal employee representative organization or representative group during the employee conference or dialogue in the workplace;
b) Directly sending comments or proposals;
c) Other methods that are not banned by law.
Article 45. Issues employees may decide and decision making methods
1. An employee may decide the following issues:
a) Conclusion, revision, termination of the employment contract as prescribed by law;
b) Participation in the internal employee representative organization;
c) Participation in strikes as prescribed by law;
d) Vote on collective bargaining contents that have been agreed upon in order to concluded the collective bargaining agreement as prescribed by law;
dd) Other contents prescribed by law or agreed upon by the parties.
2. Decision making methods shall comply with regulations of law.
Article 46. Processed employees may supervise and supervision methods
1. Employees may supervise the following processes:
a) Execution of employment contracts and the collective bargaining agreement;
b) Implementation of the labor regulations, rules and regulations and other regulatory documents of the employer relevant to employees’ rights, duties and interests;
c) Use of reward and benefit funds and other funds to which employees contribute;
d) Trade union contributions; payment of social insurance, health insurance and unemployment insurance premiums by the employer;
dd) Implementation of regulations on rewards, commendations and disciplinary actions; settlement of complaints and denunciations relevant to employees' rights, duties and interests.
2. Employee supervision methods shall comply with regulations of law.
Article 47. Employee conferences
1. Annual employee conferences shall be held by the employer in cooperation with the internal employee representative organization (if any) and the representative group (if any) in the form of plenary conferences or delegate-only conferences.
2. The employee conference agenda shall comply with Article 64 of the Labor Code and agreements between two parties.
3. Type, agenda, participants, time, location responsibility to hold employee conferences, method of disseminating outcomes of the conferences shall comply with internal workplace democracy regulations prescribed in Article 48 of this Decree.
Article 48. Responsibility to promulgate internal workplace democracy regulations
1. The employer shall promulgate internal workplace democracy regulations in order to implement regulations on dialogue in the workplace and implementation of workplace democracy in accordance with this Decree.
2. After the internal workplace democracy regulations are formulated or revised, the employer shall consult with the internal employee representative organization (if any) and the representative group (if any) before promulgating them. In case there are opinions offered by internal employee representative organization with which the employer do not concur, explanation must be provided.
3. The internal workplace democracy regulations must be made publicly available to the employees.
Tìm kiếm
Nghị định 145/2020/NĐ-CP (Bản Pdf)
Nghị định 145/2020/NĐ-CP (Bản Word)