Legal regulations and instructions of the General Confederation of Labor on negotiation, signing and collective labor agreements

I. REGULATIONS OF LABOR CODE ON NEGOTIATION, SIGNING AND IMPLEMENTING CBA

1. TLTT

1.1. Conceptions and purposes of payment processors

Collective bargaining (TTTT) is a negotiation and agreement to establish working conditions, regulate the relationship between the parties and build a progressive, harmonious and stable labor relationship, between:

- An organization representing employees (AP) with an employer (OL) at the same enterprise (OL);

- Many different employees with many different employees ( Many enterprises have multiple customers);

- Organize industry trade unions with industry-level labor force representative organizations ( spending).

(Article 65 of the Decree)

The grassroots trade union of employees is an organization established to protect the legitimate and legal rights and interests of employees in labor relations through electronic records or other forms as prescribed by law. The grassroots trade union includes the grassroots trade union and the organization of employees at the enterprise.

The employer representative organization is an organization established legally, representing and protecting the legitimate rights and interests of employees in labor relations.

1.1. TLTT principle

TheTT is conducted according to the principles of voluntariness, cooperation, goodwill, equality, publicity and transparency (Article 66 of the settlement).

1.3. TLTT rights

- The grassroots trade union or organization of employees at an enterprise has the right to request electronic payment when it meets the minimum membership ratio of the total number of employees in the enterprise as prescribed by the Government (in case there is only 01 grassroots trade union organization or organization of employees at the enterprise) or the organization with the largest number of members in the enterprise (in case there are many grassroots trade unions of employees at the enterprise meeting the minimum membership ratio of the total number of employees in the enterprise as prescribed by the Government) or the grassroots trade union combined with the organization of employees at the enterprise to achieve the minimum membership ratio of the total number of employees in the enterprise as prescribed by the Government (in case there are many grassroots trade unions of employees at the grassroots level without any organization meeting the minimum ratio) (Article 68 of the Capital Insurance).

- When there is an electronic payment request from the employer at the facility with the right to request electronic payment, the employer cannot refuse to negotiate and vice versa, when the employer requests electronic payment, the employer at the facility has the right to request electronic payment not to refuse to negotiate (Clause 1, Article 70 of the General Agreement).

1.4. TLTT representative

- Components: each party decides on its own members, has the right to invite its superior representative organization to send a delegate as a negotiation representative and the other party cannot refuse. The electronic health service representative of each party must not exceed the number of electronic health service participants of each party as agreed, unless agreed by the other party (Clause 2, 3, Article 69 of the Decree).

- Number: The parties agree on the specific number of each party (Clause 1, Article 69 of the settlement).

+ In case the employee has many representative organizations withTTTT rights to participate inTTTT, the representative organization has the right to request the negotiation with the most members to decide on the number of representatives for each organization participating in the negotiation.

+ In case the employee has many representative organizations participating in electronic payment transactions combined, the number of representatives of each organization will be agreed upon by those organizations. In case of no agreement, each organization shall determine the number of representatives corresponding to the number of members of its organization out of the total number of members of the organizations.

1.5. TLTT content

The negotiating parties must choose one or more of the following contents to conduct the electronic payment process:

- Salary, allowances, salary increases, bonuses, meals and other regimes (Clause 1, Article 67 of the Law on Investment)

+ Minimum or average salary (monthly salary, weekly salary, daily salary or hourly salary);

+ Salary scale, salary table, salary payment regulations, salary increase conditions applied in enterprises;

+ Measures to ensure real wages, methods to adjust wages when market prices fluctuate, when the state adjusts the regional minimum wage;

+ Salary payment form (term salary, product salary or contract salary); salary payment principles; principles for developing and adjusting salary unit prices; principles and conditions for raising salary levels;

+ Types of salary allowances; salary payment terms;

+ Salary for overtime;

+ Salary for severance pay (in case of epidemic, force majeure); salary advance payment;

+ Bonuses: special bonuses, monthly bonuses, year-end bonuses, quality bonuses, profit bonuses and bonus payment principles (may be attached to regulations);

+ Meals for employees: quantity, value of meals; daily, weekly, monthly menu; selection of suppliers, inspection, supervision of daily meals quantity and quality; conditions for adjusting meal quality ...

+ Travel allowances, housing, seniority, small child care, women ...

- Labor level and working hours, rest hours, overtime, mid-shift breaks (Clause 2, Article 67 of the Penal Code)

+ Labor norms for each employee, each department, each job position; product unit price; trial application when the labor level changes to ensure that employees can perform; the representative role of the employer's trade union;

+ duration of working hours in shifts, days, weeks, months;

+ Arrange team shifts; retiree hours suitable for each job; stipulate short breaks outside of mid-hour breaks;

+ Regulations on shift leave, weekly days off, holidays, Tet; personal leave while still receiving full salary; date of establishment of enterprise;

+ Annual leave regime including travel time, annual leave increased according to seniority; payment of wages for days not yet off annually, annual travel expenses;

+ Principles and cases of overtime mobilization.

- Ensuring employment for employees (Clause 3, Article 67 of the Law on Employment Insurance)

+ Measures to ensure employment;

+ Specific regulations on priority conditions for recruiting children and relatives of employees and union officials to work at enterprises...;

+ Types of labor contracts for each type of employee, or type of job; cases of termination of labor contracts; Employment benefits, unemployment benefits, and temporary severance pay are more beneficial to employees;

+ Regulations on prioritizing the re-signing of new labor contracts when the labor contract determines the expiration date of the old contract;

+ Improve skills, retrain when changing labor structure, technology, for economic reasons...; principles and time for temporarily transferring employees to other jobs, temporarily suspending the labor contract;

+ Regulate the responsibility of employees in training, fostering, improving qualifications and vocational skills.

+ Ensuring occupational safety and hygiene; implementing labor regulations (Clause 4, Article 67 of the Workers' Union)

+ Measures to ensure labor safety and hygiene;

+ Standards and the provision of labor protection vehicles;

+ In-kind compensation regime;

+ Periodic health check-ups (examination level, examination time, examination location, examination list), occupational disease detection check-ups; health recovery leave;

+ Measures to improve working conditions;

+ Compensation for work-related accidents and occupational diseases (may be attached to regulations);

+ Buy 24/24 accident insurance or other types of insurance;

+ Allowances and working hours of the occupational safety and hygiene network;

+ Implement labor regulations: reduce disciplinary action, undisciplinary action, disciplinary time, working hours for some special cases such as female workers during pregnancy, raising young children, etc.

- Conditions and means of operation of the labor contract; relationship between the labor contract and the labor contract (Clause 5, Article 67 of the Workers' Association)

+ Facilities, working hours of the employee's Trade Union (CFF or members of the employee's organizational leadership board at the enterprise)... are paid;

+ Mechanism for exchanging, providing information, and consulting periodically and suddenly;

+ Funding support to organize activities for union members and employees of enterprises;

+ Meeting and conference regime of the Trade Union of Employees during working hours;

+ Salary and benefits for employees;

+ Number of hours in the year for organizing direct propaganda, dissemination and legal education for employees.

- Mechanisms and methods for preventing and resolving labor disputes (Clause 6, Article 67 of the Workers' Union)

+ Preventive coordination measures: spend time propagating and disseminating the laws, rules and regulations of enterprises; build, use, and treat core workers; how to receive and handle recommendations and proposals from employees and parties; periodically evaluate the commitments of the parties...;

+ Measures for resolving labor disputes: selecting mediators to resolve disputes when they arise; selecting to resolve disputes through an Arbitration Council or Court after unsuccessful mediation of a collective labor dispute on rights; selecting to resolve disputes through an Arbitration Council or carrying out a strike procedure after unsuccessful mediation of a collective labor dispute on benefits;

+ Specific rights and responsibilities of the parties in the process of resolving labor disputes.

- Ensuring gender equality, maternity protection, annual leave; prevention and combat of violence and sexual harassment at the workplace (Clause 7, Article 67 of the Decree)

+ Female workers during pregnancy: comply with labor regulations and are able to re-sign the labor contract when it expires; have a full salary for pregnancy check-ups, no deduction of allowances; issue priority cards that do not require queuing when eating rice or taking an early leave to eat rice, leave early compared to other workers; add food rations for pregnant women; provide seats, lunch break...

+ Female workers raising children under 12 months old, during their menstrual period: child care allowance; kindergarten allowance, kindergarten allowance; women's allowance during menstrual period; accumulate daily leave during working hours to convert to extra days off with salary or payment for overtime if not off...

+ Measures and solutions to prevent and combat violence and sexual harassment at the workplace: monitoring mechanisms, information, recognition, complaint and recommendation settlement; forms of discipline when violating; forms of reward ...

+ Other content that one or both parties are interested in (Clause 8, Article 67 of the Decree)

+ Collective welfare; allowances for difficulties, donation, birthday, etc.; scholarships for employees' children...;

+ Cultural life, spirituality, building cultural institutions...;

+ Giving gifts on holidays, Tet, 8/3 1/6, 20/10, Mid-Autumn Festival...;

+ sightseeing, tourism, organizing collective activities...

Read the original: here