Decree No. 149/2018/ND-CP detailing Clause 3, Article 63 of the Labor Code

DECREE

Detailing Clause 3, Article 63 of the Labor Code regarding the implementation of regulations on grassroots democracy at workplace[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 18, 2012 Labor Code;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates the Decree detailing Clause 3, Article 63 of the Labor Code regarding the implementation of regulations on grassroots democracy at workplace.

Article 1.Scope of regulation

This Decree prescribes the principles, contents and forms for implementation of grassroots democracy at workplace in enterprises, organizations, cooperatives, households and individuals that hire or employ employees under labor contracts (below collectively referred to as employers).

Article 2.Subjects of application

1. Employees defined in Clause 1, Article 3 of the Labor Code.

2. Enterprises, organizations, cooperatives, households and individuals that hire or employ employees under labor contracts.

3. Grassroots-level representative organizations of employees’ collectives as defined in Clause 4, Article 3 of the Labor Code.

4. Other agencies, organizations and individuals involved in the implementation of regulations on grassroots democracy at workplace as prescribed in this Decree.

This Decree does not apply to state administrative agencies and public non-business units that hire or employ employees under labor contracts.

Article 3.Principles of exercising grassroots democracy at workplace

1. Ensuring goodwill, cooperation, honesty, equality, publicity and transparency.

2. Respecting lawful rights and interests of employers and employees.

3. Not contravening law and social ethics.

Article 4.Information to be disclosed by employers

1. Task performance and production and business activities.

2. Internal rules, regulations and other regulating documents of enterprises regarding obligations and lawful rights and interests of employees.

3. Collective labor agreements of enterprises and sectors and other collective labor agreements joined by enterprises.

4. Resolutions of employees’ conferences.

5. Setting-up and use of commendation funds, welfare funds and funds (if any) with contributions from employees.

6. Payment of trade union dues and social insurance, health insurance and unemployment insurance premiums.

7. Implementation of regulations on emulation, commendation, disciplining, and settlement of complaints and denunciations related to lawful rights and interests of employees.

Article 5.Issues on which employees are entitled to give opinions

1. Formulation, amendment and supplementation of internal rules, regulations and other regulating documents of enterprises regarding obligations and lawful rights and interests of employees.

2. Formulation, amendment and supplementation of wage scales, wage tables and labor norms; and proposal of contents put for collective negotiation.

3. Proposal and implementation of solutions for saving costs, increasing labor productivity, improving working conditions, protecting the environment and preventing and fighting fire and explosion.

4. Other issues relating to employees’ rights and obligations as prescribed by law.

Article 6.Issues on which employees are entitled to decide

1. Conclusion and negotiation on the amendment, supplementation and termination of labor contracts in accordance with law.

2. Joining or not joining grassroots-level representative organizations of employees’ collectives.

3. Participating or not participating in strikes in accordance with law.

4. Voting on collective negotiations achieved in accordance with law; voting on contents of resolutions of employees’ conferences.

5. Other issues as prescribed by law.

Article 7.Issues on which employees are entitled to examine and supervise

1. Performance of labor contracts and collective labor agreements.

2. Implementation of labor internal rules, regulations and other regulating documents of enterprises regarding lawful rights and interests of employees.

3. Use of commendation funds, welfare funds and funds with contributions from employees.

4. Payment of trade union dues and social insurance, health insurance and unemployment insurance premiums by employers.

5. Implementation of regulations on emulation, commendation, disciplining, and settlement of complaints and denunciations related to lawful rights and interests of employees.

6. Implementation of resolutions of employees’ conferences.

Article 8.Dialogue at workplace

1. Dialogue at workplace shall be held through a direct discussion between employees and the employer or between the representative of employees’ collective and the employer. Dialogue at workplace shall be held periodically or upon request of either party.

2. Contents of, participants in, and time, place and process of holding, a dialogue must comply with the enterprises’ regulations on grassroots democracy at workplace. The enterprise is not required to hold a periodical dialogue if such dialogue coincides with the employees’ conference prescribed in Article 9 of this Decree.

Article 9.Employees’ conferences

1. Employees’ conferences shall be held by employers and grassroots-level representative organizations of employees’ collectives. Employees’ conferences shall be held at least once a year.

2. Employees’ conferences shall be held as a plenary conference or delegates’ conference.

3. Contents of employees’ conferences must comply with Article 64 of the Labor Code.

4. Participants in, contents, time and place of, forms and process of holding, responsibility to implement and forms of notifying results of, employees’ conferences must comply with the enterprises’ regulations on grassroots democracy at workplace.

Article 10.Other forms of democracy exercise

1. Internal information system.

2. Mailboxes for receiving comments.

3. Lodging petitions, complaints and denunciations in accordance with law.

4. Other forms as stipulated in the enterprises’ regulations on grassroots democracy at workplace.

Article 11.Responsibility to promulgate regulations on grassroots democracy at workplace

1. Employers shall promulgate their regulations on grassroots democracy at workplace to ensure the implementation of this Decree.

2. Regulations on grassroots democracy at workplace shall be formulated with opinions contributed by grassroots-level representative organizations of employees’ collectives and publicized to employees before application.

Article 12.Effect

1. This Decree takes effect on January 1, 2019.

The Government’s Decree No. 60/2013/ND-CP of June 19, 2013, detailing Clause 3, Article 63 of the Labor Code regarding the implementation of regulations on grassroots democracy at workplace, ceases to be effective on the effective date of this Decree.

2. Employers employing less than 10 employees are exempted from holding employees’ conferences as prescribed in Article 9, and promulgating in writing the regulations on grassroots democracy at workplace as prescribed in Article 11, of this Decree.

Article 13.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and subjects of application of this Decree shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC