Nghị định 149/2018/NĐ-CP hướng dẫn khoản 3 Điều 63 Bộ luật lao động về thực hiện quy chế dân chủ ở cơ sở tại nơi làm việc

DECREE

ELABORATION OF CLAUSE 3 ARTICLE 63 OF THE LABOUR CODE REGARDING APPLICATION OF WORKPLACE DEMOCRACY

Pursuant to the Law on government organization dated June 19, 2015;

Pursuant to the Labour Code dated June 18, 2012;

At the request of the Minister of Labour, War Invalids and Social Affairs;

The Government promulgates a Decree elaborating Clause 3 Article 63 of the Labour Code regarding the application of workplace democracy.

Article 1. Scope

This Decree deals with principles, contents and forms of workplace democracy applied by enterprises, organizations, cooperatives, family households and individuals hiring and using workers under labour contracts (hereinafter referred to as "employers").

Article 2. Regulated entities

This Decree applies to:

1. The workers as defined in Clause 1 Article 3 of the Labour Code.

2. Enterprises, organizations, cooperatives, family households and individuals hiring and using workers under labour contracts.

3. Representatives of labour collectives as defined in Clause 4 Article 3 of the Labour Code.

4. Other regulatory authorities, organizations and individuals involved in the application of workplace democracy in accordance with regulations herein.

Administrative units and public service providers that hire and use workers under labour contracts shall not be governed by regulations herein.

Article 3. Principles of application of workplace democracy

The application of workplace democracy must:1. Be amicable, cooperative, honest, impartial, public and transparent.

2. Respect legitimate rights and interests of both employers and workers.

3. Be conformable with applicable laws and social ethics.

Article 4. Information to be publicly announced by employers

1. Performance of tasks, production and business activities.

2. The enterprise’s internal rules and other regulations on obligations, legitimate rights and interests of workers.

3. The enterprise’s collective labour agreement, the branch/sector’s collective labour agreement and other collective labour agreements to which the enterprise is a signatory.

4. Resolutions of the workers’ meetings.

5. The establishment and use of rewarding funds, welfare funds and other funds established with contributions by workers (if any).

6. The payment of trade unions, social insurance, health insurance and unemployment insurance contributions.

7. Emulation results, commendation and rewarding, disciplinary measures and settlement of complaints and denunciations concerning legitimate rights and interests of workers.

Article 5. Issues about which workers have a legal right to be consulted

1. Formulation of and amendments to the enterprise’s internal rules and other regulations on obligations, legitimate rights and interests of workers.

2. Formulation of and amendments to regulations on pay scale, payroll and output quota; contents of collective bargaining agreements.

3. Adoption of solutions for saving costs, improving labour productivity, improving working conditions, protecting environment, preventing and controlling fire and explosion at workplaces.

4. Other issues concerning rights and obligations of workers in accordance with applicable laws.

Article 6. Issues on which workers have a legal right to make decisions

Workers have a legal right to:

1. Conclude or come to agreements on changes to or termination of labour contracts in accordance with applicable laws.

2. Decide whether to accede or reject to accede to the organizations representing labour collectives.

3. Decide whether to join or reject to go on a strike in accordance with applicable laws.

4. Vote on contents of the collective bargaining agreement in accordance with applicable laws; vote on contents of resolutions made by workers’ meetings.

5. Decide other issues in accordance with applicable laws.

Article 7. Contents to be verified and inspected by workers

1. Performance of labour contracts and collective labour agreements.

2. Compliance with the enterprise’s internal rules and other regulations on obligations, legitimate rights and interests of workers.

3. The use of rewarding funds, welfare funds and other funds established with contributions by workers.

4. The employer’s payment of trade unions, social insurance, health insurance and unemployment insurance contributions.

5. The implementation of emulation, commendation and rewarding policies, disciplinary measures and regulations on settlement of complaints and denunciations concerning legitimate rights and interests of workers.

6. The implementation of resolutions of the workers’ meetings.

Article 8. Talks at workplaces

1. Workplace talks are organized through direct conversation and discussion between the employer and the worker or between the representative of a labour collective and the employer. Workplace talks may be organized periodically or at the request of either the employer or the worker.

2. Contents, participants, time, place and procedures of a talk shall conform to each enterprise’s Regulation on workplace democracy. If the date of a periodical talk falls within the same date on which the workers’ meeting is held as regulated in Article 9 hereof, the enterprise is not required to organize that periodical talk.

Article 9. Workers’ meeting

1. A workers’ meeting shall be organized by the cooperation between the employer and the representative of labour collective. At least a workers' meeting is organized every year.

2. A workers’ meeting may be organized in the form of a plenary session or a session of workers’ delegates.

3. Contents of a workers’ meeting are conformable with Article 64 of the Labour Code.

4. Form of organization, contents, participants, time, location, procedures, responsibility for implementation and form of disclosure of resolutions of a workers' meeting shall conform to each enterprise’s Regulation on workplace democracy.

Article 10. Other forms of workplace democracy

1. Internal information system.

2. Suggestion boxes.

3. Lodging of complaints or denunciations in accordance with applicable laws.

4. Other forms defined in the enterprise’s Regulation on workplace democracy.

Article 11. Responsibility to promulgate Regulation on workplace democracy

1. Each employer is obliged to promulgate the Regulation on workplace democracy to facilitate the implementation of this Decree.

2. The Regulation on workplace democracy is formulated with consulting the labour collective's representative at workplace and must be disseminated to workers before application.

Article 12. Effect

1. This Decree comes into effect from January 01, 2019.

The Government’s Decree No. 60/2013/ND-CP dated June 19, 2013 shall be null and void from the date of entry into force of this Decree.

2. An employer that employs and uses less than 10 workers shall be exempted from organization of the workers’ meeting as regulated in Article 9 and promulgation of the Regulation on workplace democracy as regulated in Article 11 hereof.

Article 13. Implementation

Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of People’s Committees of provinces and central-affiliated cities, and regulated entities of this Decree shall implement this Decree./.

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