Thông tư 29/2015/TT-BLDTBXH

CIRCULAR

ON GUIDELINES FOR COLLECTIVE BARGAINING, COLLECTIVE BARGAINING AGREEMENTS AND SETTLEMENT OF LABOR DISPUTES PRESCRIBED IN DECREE NO. 05/2015/ND-CP DATED JANUARY 12, 2015 OF THE GOVERNMENT ON GUIDELINES FOR THE LABOR CODE

Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government on guidelines for the Labor Code;

At the request of Director of Department of Labor and Wage;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on guidelines for collective bargaining, collective bargaining agreements and settlement of labor disputes prescribed in Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government on guidelines for the Labor Code.

Article 1. Scope

This Circular deals with collective bargaining, collective bargaining agreements, labor arbitration council and compensation for damage caused by illegal strikes prescribed in Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government on guidelines for the Labor Code (hereinafter referred to as Decree No. 05/2015/ND-CP)

Article 2. Regulated entities

Employees, representative organizations of grassroots-level employees’ collectives, employers, representative organizations of employers, other agencies, organizations, and individuals related to labor relation prescribed in Article 2 of Decree No. 05/2015/ND-CP

Article 3. Periodic collective bargaining

The periodic collective bargaining prescribed in Article 16 of Decree No. 05/2015/ND-CP shall be stipulated as follows:

1. Periodic collective bargaining shall be conducted at least once a year. Duration between two consecutive bargaining meetings is within 12 months;

2. Representatives of both parties shall agree upon number and time of periodic bargaining meetings in a year and make an agreement bearing signatures of both parties as the basis for negotiation;

3. Rules, the right to request, representatives, issues and process of periodic collective bargaining shall comply with Articles 67, 68, 69, 70, and 71 of the Labor Code.

Article 4. Responsibility for attending collective bargaining meetings

Responsibility of trade unions, representatives of employers and labor authorities pertaining to attending bargaining meetings prescribed in Article 17 of Decree No. 05/2015/ND-CP shall be stipulated as follows:

1. Upon the receipt of invitation to attend a collective bargaining meeting sent by one of the parties to collective bargaining, Vietnam General Confederation of Labor, Confederation of Labor of the province or central-affiliated city (hereinafter referred to as province), the superior trade union, the representative organization of the employer of central government and province, the Ministry of Labor, War Invalids and Social Affairs, the People’s Committee of province, the People’s Committee of district shall send their representatives to attend the bargaining meeting;

2. Each person sent to the meeting may request the inviting party to provide the agenda of the meeting; prepare necessary materials and documents on guidelines for law on labor, and support both parties to conduct the bargaining meeting according to principles of objectives, respect of the right to negotiation and decision of both parties.

Article 5. Responsibility of labor authorities pertaining to receipt of collective bargaining agreements

Responsibility of labor authorities pertaining to receipt of collective bargaining agreements prescribed in Article 19 of Decree No. 05/2015/ND-CP shall be regulated as follows:

1. Make a book of collective bargaining agreement as prescribed in the Appendix issued herewith;

2. Within 15 days, from the date on which the collective bargaining agreement is received, the labor authority shall check its contents, and follow procedures below if there are unlawful terms and conditions or the agreement is concluded ultra vires:

a) Regarding an ineffective collective bargaining agreement, the labor authority shall request both parties to amend the agreement and send it to an authority as prescribed;

b) Regarding effective collective bargaining agreement, the labor authority shall request People’s Court to declare the collective bargaining agreement to be invalid and notify both contracting parties.

Article 6. Labor arbitration council

The labor arbitration council (hereinafter referred to as council) prescribed in Article 34 of Decree No. 05/2015/ND-CP shall be stipulated as follows:

1. A chairperson of the council being the head of the labor authority of a province. The chairperson has following rights and obligations:

a) Issue a working regulation of the council;

b) Give specific assignments to the council’s members;

c) Manage the operation of the council;

d) Invite relevant agencies, organizations and specialists in labor relation to meetings of reconciliation and settlement of labor disputes;

dd) Sign meeting minutes and decision on settlement of labor disputes of the council.

2. A secretary of the council who has following rights and obligations:

a) Make a working schedule and submit it to the chairperson for approval;

b) Perform administrative tasks of the council;

c) Carry out procedures for meetings of reconciliation and settlement of labor disputes and make meeting minutes;

d) Classify and archive documents on reconciliation and settlement of labor disputes;

dd) Make reports on reconciliation and settlement of labor disputes of the council.

3. Members of the council who have following rights and obligations:

a) Perform reconciliation of collective labor disputes according to the working regulation of the council;

b) Perform tasks assigned by the chairperson.

4. The council shall operate according to the working regulations issued by the chairperson. The working regulation shall contain: scope of regulation; working rules; rights and obligations of the chairperson, secretary, and members of the council; working policies; working relationship; administrative tasks and resources.

5. Operating funding of the council shall be allocated from the government budget according to the decentralization in force. The estimate, management and declaration of operating funding shall comply with law on government budget.

Article 7. Negotiation on compensation for damage caused by illegal strikes

The negotiation on compensation for damage caused by illegal strikes prescribed in Clause 3 Article 16 of Decree No. 05/2015/ND-CP shall stipulated as follows:

1. If the trade union organizing the strike does not agree with at least one of the contents specified in the compensation claim made by the employer prescribed in Clause 2 Article 36 of Decree No. 05/2015/ND-CP within 05 working days from the date on which the compensation claim is received, the trade union shall send the employer a request for negotiation;

2. Within 03 working days, from the date on which the request for negotiation is received, the employer shall agree with the trade union about time, location, participants of the meeting of negotiation on compensation for damage;

3. The meeting of negotiation shall recorded in a meeting minutes bearing signatures of both parties and the person recording minutes and containing all consensus issues (if any) and other opinions. The minutes shall be the legal basis to determine rights and obligations of parties in terms of liability for compensation;

4. If the negotiation is successful, both parties must abide by the negotiation; if the negotiation is not successful, one of them may request settlement by a court as prescribed.

Article 8. Effect and implementation

1. This Circular comes into force from September 15, 2015.

2. Circular No. 23/2007/TT-BLDTBXH dated October 23, 1007 of the Ministry of Labor, War Invalids and Social Affairs on guidelines for organization and operation of labor arbitration council is annulled from the effective date of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.