Chapter III
THE MODALITIES FOR NEGOTIATING, SIGNING AND REGISTERING COLLECTIVE LABOR BARGAINS
Article 3.- The negotiations and signing of collective labor bargains in accordance with Article 45 and Item 1, Article 46, of the Labor Code are conducted according to the following modalities:
1. The party which proposes to negotiate and sign a collective labor bargain shall inform in writing the other party of the content of the proposed bargain.
The content of the collective labor party shall be proposed by the Executive Committee of the local trade union organization, or by the provisional trade union organization.
2. The party to which the proposal is addressed shall accept negotiating and shall take the initiative to meet with the proposing party to agree on the time and location of the negotiation and the number of delegates to it.
3. The employer is responsible for arranging for the two parties to meet and negotiate.
The result of the negotiation shall serve as the basis for designing the collective labor bargain at the enterprise or unit.
4. The local or provisional trade union organization shall organize polls for collective opinions on the content of the proposed collective labor bargain.
If more than 50% of the laborers in the collective agree with the proposed bargain, then the two parties shall sign it.
5. The collective labor bargain must be prepared in set forms.
Article 4.- The polling of collective opinions on the content of the collective labor bargain shall be conducted through a collection of signatures or a show of hands.
The result of the poll must be recorded in a minute which shall specify the total number of polled people, the yes votes, the no votes, the provisions which are not agreed upon and the percentage of the no votes. The minute must bear the signature of the representative of the Executive Committee of the local trade union organization.
In registering the collective labor bargain with the labor office, this minute must be attached.
Article 5.- The registering of the collective labor bargain in accordance with Article 47 and Item 3, Article 48, of the Labor Code, is provided for as follows:
1. Within 10 days from the date of the signing of the collective labor bargain, the employer shall send the collective labor bargain to the Labor, War Invalids and Social Affairs Service of the province or city directly under the Central Government, where his/her enterprise or organization is located, for registration.
2. The enterprise which belongs to the export-processing or industrial zone shall send this collective labor bargain to the Managing Board of the zone for registration at the Labor, War Invalids and Social Affairs Service of the province or city directly under the Central Government, where the Managing Board is headquartered.
3. Within 15 days from the receipt of the collective labor bargain, the Labor, War Invalids and Social Affairs Service of the province or city directly under the Central Government shall consider and inform in writing both concerned parties of the registration. If the collective labor bargain contains provisions which are contrary to law, the Service shall point them out clearly and guide both parties to make changes to it for registration.
Article 6.- In the event of a merger of enterprises as stipulated in Item 1, Article 52, of the Labor Code, the signed collective labor bargain shall be settled as follows:
1. If the merger does not lead the member enterprises to changes in their functions, jurisdiction and organizations, the signed collective labor bargains, which have not expired, shall continue to apply till expiration or a new collective labor bargain is signed.
2. If the merger leads the member enterprises to a change in their functions, jurisdiction and organizations, the signed collective labor bargains shall cease to apply, and the concerned parties shall start negotiating for a new collective labor bargain within six months from the merger.
Tìm kiếm
Nghị định 196-CP năm 1994 (Bản Word)