Decree No. 53/2014/ND-CP dated May 26, 2014 of the Government providing the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues

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Decree No. 53/2014/ND-CP dated May 26, 2014 of the Government providing the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues
Issuing body: GovernmentEffective date:
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Official number:53/2014/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:26/05/2014Effect status:
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Fields:Labor - Salary

SUMMARY

TAKE THE CONSULTATION OF ORGANIZATIONS REPRESENTING EMPLOYEES IN THE FORMULATION OF LABOR POLICIES

In accordance with the Decree No. 53/2014/ND-CP providing the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues issued by the Government on May 26, 2014, the state management agencies for consultation shall consult organizations representing employees and employers in the process of formulation of labor policies and law concerning the rights and legitimate interests of employees and employers in the industrial relation. Past the time limit for consultation, state management agencies shall summarize opinions of the organizations representing employees and employers and related agencies and organizations, report on assimilation and explanation of opinions, and submit them to competent agencies for promulgation, or promulgate according to their competence such policies and law. Besides, these agencies also shall consult organizations representing employees and employers in the process of formulation and implementation of programs on coordinated action in prevention and settlement of labor disputes; to assess the implementation of measures for prevention and settlement of labor disputes.

 Within that, the consultation of organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues must comply with law and respect the rights and legitimate interests of employees and employers. And the consultation may be in written consultation; consultation through drafting committees, editorial boards, steering committees and research committees in which organizations representing employees and employers participate and consultation at meetings, seminars, forums and consultation conferences in which organizations representing employees and employers participate.

Besides, the Decree also details the responsibilities of the Vietnam General Federation of Labor and central-level organizations representing employers to give opinions at the request of state management agencies. Accordingly, the Vietnam General Federation of Labor and central-level organizations representing employers shall collect and summarize opinions, and join state management agencies in formulating labor policies and law; to coordinate with other agencies in implementing programs of action on prevention and settlement of labor disputes; to assess the implementation of measures to prevent and settle labor disputes; to participate in the elaboration of national reports at the request of state management agencies; to coordinate with other agencies in holding and participating in meetings, conferences, seminars, forums and consultation conferences on labor policies and law and industrial relation issues or summarize and report periodically (biannually or annually) or unexpectedly on the industrial relation, to propose measures to maintain and develop the industrial relation within the scope of their functions and tasks, and submit them to state management agencies for summarization and reporting to competent agencies.

This Decree replaces the Decree No. 145/2004/ND-CP dated July 14, 2004 and takes effect on July 15, 2014.
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Effect status: Known

THE GOVERNMENT
 
 
 
No. 53/2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
 
Hanoi, May 26, 2014
 
 
DECREE
Providing the consultation by state management agencies
with organizations representing employees and
employers in the formulation of labor policies and law and industrial relation issues
[1]
Pursuant to the December 25, 2001 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,
After reaching agreement with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and the Vietnam Association of Small- and Medium-Sized Enterprises, the Government promulgates the Decree to provide the consultation by state management agencies with organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues.
Article 1. Scope of application
This Decree provides principles, contents and forms of consultation by state management agencies with organizations representing employees and employers at the central level in the formulation of labor policies and law and industrial relation issues.
Article 2. Subjects of application
1. The state management agency provided in this Decree which is the Ministry of Labor, War Invalids and Social Affairs.
2. The Vietnam General Confederation of Labor.
3. The central-level organizations representing employers provided in this Decree which are the Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance and the Vietnam Association of Small- and Medium-Sized Enterprises.
4. Agencies, organizations and individuals relating to the implementation of this Decree.
Article 3. Principles of consultation
The consultation of organizations representing employees and employers in the formulation of labor policies and law and industrial relation issues must comply with law and respect the rights and legitimate interests of employees and employers.
Article 4. Contents of consultation
1. Labor policies and law concerning the rights and legitimate interests of employees and employers in the industrial relation.
2. Measures for prevention and settlement of labor disputes.
3. Reports on the implementation of the International Labor Organization’s conventions ratified by the Socialist Republic of Vietnam.
Article 5. Forms of consultation
1. Written consultation.
2. Consultation through drafting committees, editorial boards, steering committees and research committees in which organizations representing employees and employers participate.
3. Consultation at meetings, seminars, forums and consultation conferences in which organizations representing employees and employers participate.
Article 6. Responsibility of state management agencies for consultation
1. To consult organizations representing employees and employers in the process of formulation of labor policies and law concerning the rights and legitimate interests of employees and employers in the industrial relation.
Past the time limit for consultation, state management agencies shall summarize opinions of the organizations representing employees and employers and related agencies and organizations, report on assimilation and explanation of opinions, and submit them to competent agencies for promulgation, or promulgate according to their competence such policies and law.
2. To consult organizations representing employees and employers in the process of formulation and implementation of programs on coordinated action in prevention and settlement of labor disputes; to assess the implementation of measures for prevention and settlement of labor disputes.

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