Question:
I have recently started working at a company specializing in the production of packaging products with around 200 employees. I am currently researching the regulations regarding dialogue in the workplace. According to the current legal provisions, in what situations is the employer required to organize dialogue in the workplace?
Answer:
Dialogue in the workplace involves sharing information, consulting, discussing, and exchanging opinions between the employer and the employees or their representative organization regarding matters related to the rights, interests, and concerns of all parties at the workplace, aimed at enhancing understanding, cooperation, and joint efforts towards mutually beneficial solutions.
According to Clause 2, Article 63 of Labor Code 2019, effective from January 1, 2021, the employer is required to organize dialogue in the workplace in the following cases:
– at least once a year;
– whenever requested by one or both party;
– in any of the events specified in Point a Clause 1 Article 36, Articles 42, 44, 93, 104, 118 and Clause 1 Article 128 of this Labor Code.
Question:
I have a textile and garment business with 200 employees working. Could you please explain how the law regulates the process of collecting opinions and signing collective labor agreements for my business?
Answer:
According to Clause 1, Article 76 of Labor Code 2019, effective from January 1, 2021, concerning collective labor agreements within an enterprise, before signing, the draft of the collective labor agreement that has been negotiated by the parties must be submitted for the opinions of all employees in the enterprise. A collective labor agreement within the enterprise can only be signed when it receives the consent of over 50% of the employees in the enterprise.
Therefore, for your business, before signing, the draft of the collective labor agreement that has been negotiated by the parties must be submitted for the opinions of all employees in the enterprise. A collective labor agreement within the enterprise can only be signed when it receives the consent of over 100 employees in the enterprise.
This regulation ensures that the collective labor agreement represents the consensus of the majority of employees in the enterprise.
Question:
Can the Chairman of the Provincial People’s Committee declare a collective labor agreement null and void?
Answer:
Article 87 of the Labor Code 2019, effective from January 1, 2021, stipulates: “People’s Courts shall be entitled to declare a collective bargaining agreement as invalid.”
Therefore, the Chairman of the Provincial People’s Committee is not the competent authority to declare a collective labor agreement null and void. This authority belongs to the People’s Court.
