Decree No. 60/2013/ND-CP dated June 19, 2013 of the Government detailing Clause 3, Article 63 of the Labor Code regarding the implementation of regulations on grassroots democracy at workplace

THE GOVERNMENT

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

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,

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the contents of regulations on grassroots democracy and forms of exercising democracy at workplace in enterprises, organizations, cooperatives, households and individuals that hire or employ employees under labor contracts (below collectively referred to as enterprises).

Article 2. Subjects of application

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

2. Employers defined in Clause 2, Article 3 of the Labor Code.

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

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

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Regulations on grassroots democracy at workplace means regulations on the rights and responsibilities of employees, employers and representative organizations of employees’ collectives, including the contents which employees are entitled to know, examine and supervise and on which they are entitled to give opinions and decide, and the forms of exercising grassroots democracy at workplace.

2. Dialogue at workplace means a direct discussion between the employer and employees or the representative organizations of employees’ collectives, aiming to share information and improve mutual understanding to assure the implementation of regulations on grassroots democracy at workplace.

3. Employee conference means a meeting annually organized by the employer with the participation of employees and the representative organization of grassroots-level employees’ collectives in order to exchange information and exercise democratic rights of employees.

Article 4. Principles of implementing regulations on grassroots democracy at workplace

1. Employers shall respect and guarantee democratic rights of employees at workplace; democratic rights are exercised in accordance with law through democracy regulations of enterprises.

2. Enterprises shall elaborate and publicize their regulations on grassroots democracy at workplace with a view to guaranteeing the rights and legitimate interests of employees, employers and the State.

Article 5. Prohibited acts in exercising democracy at workplace

1. Exercising democracy in contravention of law.

2. Infringing upon national security, social order and safety or the State’s interests.

3. Infringing upon the rights and legitimate interests of employers and employees.

4. Victimizing and discriminating against participants in dialogues, complainants or denouncers.

Chapter II

CONTENTS OF REGULATIONS ON GRASSROOTS DEMOCRACY AT WORKPLACE

Article 6. Contents to be publicized by employers

1. Production and business plans of enterprises, divisions, departments, workshops and production teams and groups, and the implementation of these plans.

2. Internal rules and regulations of enterprises, including labor rules; regulations on labor recruitment and employment; labor norms; wage scales and tables, regulations on wage raise, and regulations on payment of wages and bonuses; labor protection equipment, machine and equipment operation processes, occupational safety and hygiene, environmental protection, and fire and explosion prevention and fighting; protection of business secrets and technological know-how; emulation, commendation and discipline.

3. Implementation of regimes and policies on labor recruitment and employment, severance and job loss allowances, training, retraining, refresher training in professional qualifications and skills, wages, bonuses, wage deduction, social insurance, unemployment insurance and health insurance for employees.

4. Collective labor agreements of enterprises and sectors and other forms of collective labor agreement (if any).

5. Setting-up and use of commendation funds, welfare funds and employee-contributed funds.

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

7. Annual financial publicity of the contents relating to employees.

8. Operation charters of enterprises and other contents as prescribed by law.

Article 7. Contents on which employees are entitled to give opinions

1. Elaboration, amendment and supplementation of internal rules and regulations which must be publicized at enterprises.

2. Solutions for saving costs, increasing labor productivity and assuring occupational safety and hygiene, environmental protection and fire and explosion prevention and fighting.

3. Elaboration, amendment and supplementation of collective labor agreements of enterprises and sectors or other forms of collective labor agreement (if any).

4. Resolutions of employee conferences.

5. Process and procedures for settling labor disputes and handling labor discipline, and material responsibilities.

6. Other contents relating to employees’ rights and obligations as prescribed by law.

Article 8. Contents on which employees are entitled to decide

1. Conclusion, implementation, amendment, supplementation and termination of labor contracts in accordance with law.

2. Negotiation of collective labor agreements of enterprises and sectors or other forms of collective labor agreement (if any).

3. Adoption of resolutions of employee conferences.

4. Joining or not joining trade unions, professional organizations or other organizations in accordance with law.

5. Participating or not participating in strikes.

6. Other contents as prescribed by law.

Article 9. Contents which employees are entitled to examine and supervise

1. Implementation of production and business plans of enterprises, divisions, departments, workshops and production teams and groups.

2. Performance of labor contracts and implementation of regimes and policies toward employees in accordance with law.

3. Implementation of enterprises’ internal rules and regulations which must be publicized.

4. Implementation of collective labor agreements of enterprises and sectors or other forms of collective labor agreement (if any); implementation of resolutions of employee conferences and resolutions of conferences of grassroots trade unions.

5. Setting-up and use of commendation funds, welfare funds and employee-contributed funds; payment of trade union dues and social insurance, health insurance and unemployment insurance premiums.

6. Emulation, commendation and discipline; complaints and denunciations and results of their settlement; conclusions of inspection and audit agencies and implementation of these agencies’ recommendations relating to employees’ rights and interests.

7. Implementation of enterprises’ charters and other contents as prescribed by law.

8. Implementation of the contents of democracy regulations prescribed in this Decree.

Chapter III

FORMS OF EXERCISING DEMOCRACY AT WORKPLACE

Section 1

DIALOGUES AT WORKPLACE

Article 10. Responsibility to hold regular dialogues at workplace

1. The employer shall assume the prime responsibility for, and coordinate with the representative organization of grassroots-level employees’ collectives in, holding dialogues once every three months to exchange and discuss the contents specified in Article 64 of the Labor Code; the interval between two consecutive dialogues must not exceed 90 days. The enterprise is not required to hold a regular dialogue which coincides with the employee conference prescribed in Clause 2, Article 14 of this Decree.

2. The employer shall:

a/ Promulgate regulations on regular dialogues at workplace after consulting the representative organization of grassroots-level employees’ collectives and publicize them to every employee in the enterprise for compliance;

b/ Arrange places, time and other necessary physical conditions for dialogues;

c/ Appoint its/his/her representatives to participate in dialogues;

d/ Hold regular dialogues at workplace.

3. The representative organization of grassroots-level employees’ collectives shall:

a/ Give opinions on the regulations on regular dialogues at workplace at the request of the employer;

b/ Elect representatives of the labor collective to participate in dialogues at employee conferences;

c/ Coordinate with the employer in holding regular dialogues at workplace.

Article 11. Number, composition of and criteria for participants in regular dialogues at workplace

1. Each party to a dialogue shall decide on the number of its representatives to participate in the dialogue, which must be at least 3.

2. Participants in a dialogue include:

a/ The employer or its/his/her lawfully authorized person and its/his/her appointed representatives;

b/ The grassroots trade union executive committee or a representative of the superior trade union executive committee for an enterprise without a grassroots trade union, and the labor collective’s representatives elected by the employee conference;

3. The criteria of participants in regular dialogues are specified in the enterprise’s regulations on regular dialogues at workplace.

Article 12. Process of holding a regular dialogue at workplace

1. Preparing contents, time, place of and participants in a dialogue:

a/ After 60 days from the date the preceding dialogue finishes, the employer and the chairperson of the grassroots trade union or the representative of the superior trade union executive committee for an enterprise without a grassroots trade union, shall summarize the dialogue contents and send them to the dialogue party;

b/ Within 5 working days after receiving the dialogue contents, the employer and the chairperson of the grassroots trade union or the representative of the superior trade union executive committee for an enterprise without a grassroots trade union, shall reach agreement on the contents, time, place of and participants in the dialogue;

c/ Within 3 days after the two parties reach agreement on the contents, time, place of and participants in the dialogue, the employer shall issue a written decision to hold a regular dialogue at workplace. This decision must be sent to the chairperson of the grassroots trade union or the representative of the superior trade union executive committee for an enterprise without a grassroots trade union, and participants in the dialogue at least 5 working days before the date of holding the dialogue;

d/ The employer and the chairperson of the grassroots trade union or the representative of the superior trade union executive committee for an enterprise without a grassroots trade union, shall assign participants of each party to the dialogue to prepare contents, data and documents relating to the dialogue.

2. Holding a dialogue:

a/ A regular dialogue at workplace must be held at the agreed place and time. The employer who wishes to change the place and time of dialogue shall notify the chairperson of the grassroots trade union or the representative of the superior trade union executive committee for an enterprise without a grassroots trade union, and the dialogue participants of such change at least one working day before the date of holding the dialogue written in the decision to hold a regular dialogue at workplace;

b/ A regular dialogue at workplace may be held only with the presence of at least two-thirds of the representatives of each party; if the dialogue has less than two-thirds of the representatives of each party, the employer shall decide to postpone the dialogue for not more than 3 working days from the date of postponement;

c/ During the dialogue, the participants shall provide information and data and exchange and discuss the dialogue contents in a democratic manner.

3. Concluding a dialogue:

a/ The employer and the chairperson of the grassroots trade union or the representative of the superior trade union executive committee for an enterprise without a grassroots trade union, shall make a minutes of the dialogue. This minutes must clearly state the agreed contents and implementation measures; the contents not yet agreed and time for holding dialogues to discuss these contents, or for each party to carrying out procedures for settlement of labor disputes in accordance with the labor law. The two parties’ representatives shall sign and append seals to certify the contents of the minutes. The minutes shall be made in 3 copies of the same validity to be kept by each party to the dialogue and the enterprise;

b/ The employer shall publicize the minutes of the dialogue in the enterprise,  its divisions, departments, workshops and production teams and groups, and on the enterprise’s internal information and communication system or website.

Article 13. Dialogue upon request of a party

1. When a party requests a dialogue, within 10 working days after receiving such request, the employer shall assume the prime responsibility for, and coordinate with the representative organization of grassroots-level employees’ collectives in, holding the dialogue.

2. The number and composition of participants in the dialogue and responsibilities of the parties for holding the dialogue are similar to those for a regular dialogue at workplace.

Section 2

EMPLOYEE CONFERENCES

Article 14. Holding employee conferences

1. An enterprise having 10 or more employees must hold employee conferences.

2. Employee conferences shall be held once every 12 months.

3. An employee conference shall be held as a plenary conference, for enterprises having under 100 employees, or as a delegate conference, for enterprises having 100 or more employees.

Article 15. Responsibility to hold employee conferences

1. The employer shall elaborate regulations on holding employee conferences and arrange the place, time and necessary physical conditions for and hold an employee conference. Such regulations shall be issued after the representative organization of grassroots-level employees’ collectives is consulted, and must be publicized to employees.

2. The representative organization of grassroots-level employees’ collectives shall coordinate with the employer in elaborating and implementing regulations on holding employee conferences.

Article 16. Participants in employee conferences

1. Participants in an employee conference include all employees in the enterprise. In case an employee cannot leave his/her working position, the employer and the representative organization of grassroots-level employees’ collectives may agree on the participants in the conference.

2. Participants in a delegate conference include:

a/ Automatic delegates who are members of the Board of Directors or Members’ Council or the Chairperson of the company and the head of the Control Board or the controller; the general director, the director, deputy general directors, deputy directors, the chief accountant, the grassroots trade union executive committee or the representative of the superior trade union executive committee for an enterprise without a grassroots trade union, and the head of the political organization or socio-political organization in the enterprise (if any);

b/ Delegates who are elected at employee conferences of divisions, departments, workshops and production teams and groups according to regulations.

Article 17. Election of delegates to attend delegate conferences

1. The number of to-be-elected delegates is specified as follows:

a/ At least 50, for enterprises having 100 employees;

b/ At least 5 per 100 employees, in addition to the number of to-be-elected delegates prescribed at Point a, Clause 1 of this Article, for enterprises having between 101 employees and under 1,000 employees;

c/ At least 100, for enterprises having 1,000 employees;

d/ At least 20 per 1,000 employees, in addition to the number of to-be-elected delegates prescribed at Point c, Clause 1 of this Article, for enterprises having between 1,001 employees and under 5,000 employees;

dd/ At least 200, for enterprises having 5,000 or more employees.

2. The employer and the representative organization of grassroots-level employees’ collectives shall reach agreement and decide on the number and structure of delegates to be elected to attend the delegate conference and distribute the number and structure of delegates in proportion to the number and structure of employees of each division, department, workshop and production team and group.

3. To be elected, a delegate must gain over 50% of the total valid votes; specific cases arising in the process of election are settled as follows:

a/ If many delegates gain over 50% of the total valid votes, those gaining the highest votes in descending order will be elected until having the sufficient number of to-be-distributed delegates;

b/ If the first election fails to elect a sufficient number of to-be-distributed delegates, subsequent elections must be held until having the sufficient number of delegates;

c/ If the number of delegates who gain over 50% of the total valid votes and have the same votes exceeds the number of to-be-distributed delegates, another election shall be held to choose delegates who gain the highest votes in descending order until having the sufficient number of delegates.

Article 18. Contents of an employee conference

1. An employee conference shall discuss the following contents:

a/ Situation of implementation of the enterprise’s production and business plans and contents directly relating to employees’ employment and the enterprise’s interests;

b/ Results of examination and supervision of the implementation of labor contracts, collective labor agreements, internal rules and regulations of the enterprise;

c/ Complaints and denunciations and their settlement;

d/ Working conditions and measures to improve working conditions;

dd/ Recommendations and proposals of each party;

e/ Other contents of mutual concern.

2. To elect representatives of the labor collective to participate in regular dialogues.

3. To adopt the resolution of the conference.

Article 19. Process of holding an employee conference

1. Electing the presidium and secretary of the conference.

2. Presenting the report on the status of the conference delegates.

3. Presenting the employer’s report.

4. Presenting the report of the representative organization of grassroots-level employees’ collectives.

5. The delegates holding discussions.

6. Electing members representing the employees’ collective to participate in regular dialogues.

7. Voting to adopt the resolution of the conference.

Article 20. Dissemination, implementation, and supervision of the implementation of resolutions of employee conferences

1. The employer shall assume the prime responsibility for, and coordinate with the representative organization of grassroots-level employees’ collectives in, disseminating the results of the employee conference to all employees and organize the implementation of this resolution in the enterprise.

2. The representative organization of grassroots-level employees’ collectives shall coordinate with the employer in disseminating the results of the employee conference to all employees in the enterprise; examine and supervise the implementation of this resolution in the enterprise.

3. Delegates attending the employee conference, who are elected by divisions, departments, workshops and production teams and groups, shall disseminate the results and resolution of the conference to the employees in these divisions, departments, workshops and production teams and groups who do not attend the conference.

Section 3

OTHER FORMS OF DEMOCRACY EXERCISE

Article 21. Other forms of democracy exercise

1. Providing and exchanging information at meetings of key leaders or at meetings in production teams and groups and the whole enterprise or at professional meetings of divisions, departments, workshops and production teams and groups.

2. Publicizing relevant information at convenient places in the enterprise.

3. Providing information via the internal information and communication system, internet or through documents, books and newspapers distributed to every employee, division, department, workshop and production team and group.

4. Mailboxes for receiving comments.

5. Collecting comments directly from employees by employers ad political or socio-political organizations in the enterprise.

6. Issuing written decisions.

7. Voting at meetings and conferences in the enterprise.

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

Article 22. Application of other forms of exercising democracy in enterprises

Employers, employees and representative organizations of grassroots-level employees’ collectives shall base themselves on the contents of democracy regulations prescribed in Chapter II of this Decree and practical conditions of enterprises to select appropriate forms of exercising democracy prescribed in Article 21 of this Decree.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 23. Effect

This Decree takes effect on August 15, 2013.

The Government’s Decree No. 07/1999/ND-CP of February 13, 1999, promulgating the Regulation on exercising democracy in state enterprises, the Government’s Decree No. 87/2007/ND-CP of May 28, 2007, promulgating the Regulation on exercising democracy in joint-stock companies and limited liability companies, and previous regulations which are contrary to this Decree cease to be effective on the effective date of this Decree.

Article 24. 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 TAN DUNG