Hướng dẫn 41/HD-TLĐ 2021 Công đoàn tham gia đối thoại tại nơi làm việc

GUIDANCE

TRADE UNIONS’ PARTICIPATION IN DIALOGUES AND IMPLEMENTATION OF GRASSROOTS DEMOCRACY REGULATIONS AT WORKPLACE

Pursuant to the 2019 Labor Code; the 2012 Trade Union Law; the 2010 Inspection Law; the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020, elaborating and providing guidance on implementation of several Articles of the Labor Code on labour conditions and relationship (hereinafter referred to as Decree 145); and the Regulation of Vietnam Trade Union;

In order for trade unions to exercise their rights and responsibilities to participate in dialogues and implement democracy regulations, contributing to building harmonious, stable and progressive relationships at workplace, the Presidium of the Vietnam General Confederation of Labor (hereinafter referred to as General Confederation) herein provides the Guidance on “Trade unions’ participation in dialogues and implementation of grassroots democracy regulations at workplace” at enterprises, organizations, non-public non-business units and cooperatives hiring and engaging employees (hereinafter referred to as enterprises) that already set up their own workplace trade unions (hereinafter referred to as trade unions). Details are given hereunder:

Part I

PARTICIPATION IN FORMULATION OF GRASSROOTS DEMOCRACY REGULATIONS AT WORKPLACE

Based on the characteristics and circumstances of labour, production and business activities, and the size, of the enterprise where it is operating, the trade union can proactively request employers to make, revise or supplement the grassroots democracy regulations at workplace (hereinafter referred to as Regulations). Employers engaging fewer than 10 employees are exempted from issuing these Regulations.

I. CONTENT

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1. Items employers make available to their employees and disclosure methods

In addition to those stipulated in Article 43 of the Decree No. 145, trade unions can advise employers to communicate new regulations pertaining to employee’s benefits and interests that they impose; conclusions of inspection, review or audit agencies, and their compliance with inspection, review or audit recommendations concerning employees' benefits and interests (except those dealing with state secrets), and so on.

2. Items available for employees’ comment and commenting methods

In addition to those referred to in Article 44 of the Decree No. 145, trade unions can advise employers to allow employees to comment upon the followings: issues to be discussed in periodic dialogues; manner and outcomes of the collective bargaining; items to be disclosed to employees, disclosure methods, etc.

3. Items subject to employee decisions and decision-making methods

In addition to those stated in Article 45 of the Decree No. 145, trade unions can recommend employers to grant more rights to make decisions to employees, such as the right to join clubs, volunteer programs; rates of contribution to social funds or charitable funds in the workplace; annual sightseeing tours and vacations; the right to take training and mentoring programs for the purposes of promotion of their professional qualification, skills or expertise; etc., to adapt to the actual workplace situation.

4. Items subject to employee's inspection or supervision, and inspection or supervision methods

In addition to those referred to in Article 46 of the Decree No. 145, trade unions can advise employers to allow employees to inspect and supervise the followings: Employer’s implementation of employee’s policies and benefits, especially employee support policies that employers are assigned by the state to carry out, employment termination, severance pay or unemployment compensations; employer’s implementation of outcomes of dialogues or collective bargaining agreements in which employers participate; results of implementation of resolutions of employee meetings, inspection or audit conclusions or recommendations pertaining to their employees’ benefits and interests (if not prohibited by law), etc.

5. Workplace dialogues

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6. Employee meetings

Under these Regulations, several items other than those provided in the Decree No. 145, including meeting formalities and dates (prescribed in Part III of this Guidance and sample Regulations attached); meeting forms (online or offline); meeting size (general or delegate), should be delineated.

7. Other workplace democracy practices

In addition to getting involved in developing those aimed at implementation of Regulations as stated in sections 1, 2, 3, 4, 5 and 6 above, trade unions may recommend employers to add more regulations on other democracy forms to the Regulations, such as implementing democracy regulations via mailboxes, open letters, suggestions, forums, materials, publications, bulletins, direct conversations with employees, etc.

II. ACTIONS INVOLVED IN IMPLEMENTATION OF DEMOCRACY REGULATIONS

1. The trade union actively proposes, and cooperates with the employee organization at workplace (if any), the employee delegation to dialogues (if any) and the employer in taking charge of, activities of communicating and disseminating the content of the Regulations to all employees; results of employees’ exercise of workplace democracy rights; results of staff dialogues, conferences and results of implementation of other workplace democracy practices (if any).

2. Review and study the internal rules and regulations of the employer, specifying the regulations that are no longer aligned with the provisions of law; evaluate the results of implementation of the Regulations to make recommendations to the employer about appropriate amendments and supplements, and at the same time cooperate with the employer in effectively implementing democracy regulations. Trade union’s involvement should be real, harmonious, based on the study and survey of opinions from trade union officers and members or employees.

3. Take charge of implementing and supervising implementation of the Regulations by the host enterprise and the trade union itself, and promptly raise any issues arising from the implementation process in order to recommend and cooperate with the employee in considering possible actions.

Part II

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I. DETERMINING HOW MANY AND WHAT PARTICIPANTS ON EMPLOYEE SIDE ARE ADMITTED TO WORKPLACE DIAGLOGUES

The number of participants in and participants eligible to attend a workplace dialogue shall be decided in accordance with Article 38 in the Decree No. 145. In order to effectively participate in the dialogue, the trade union should actively carry out the following activities:

1. At an enterprise where all employees are trade union members (briefly called union employees)

The trade union nominates or elects its members to the dialogue, prepare the list of participants for submission to the employer and make it available to all employees.

2. At an enterprise where employees are not trade union members (briefly called non-union employees)

The trade union actively meets and converse with non-union employees, and assists them in setting up a delegation to the dialogue. The number of participants in the dialogue on each side is calculated on the basis of the corresponding ratio of the number of union employees or the number of non-union employees to total number of employees calculated at a specified time. The trade union prepares the list of participants in the dialogue for submission to the employer and makes it available to all employees. If there is a very low percentage of non-union employees at an enterprise employing a lot of people (i.e., less than 5% or fewer than 300 persons), meeting with these employees shall not be required.

3. At an enterprise where a trade union and an employee organization at workplace are operating, and employees are not members of the employee representation organization

The trade union, the employee organization at workplace and the employee delegation to the dialogue (on employee side) arrive at an agreement on the number and list of participants in the dialogue on the basis of the corresponding ratio of the number of union employees, the number of employees who are members of the employee organization at workplace, or the number of employees who are not members of the employee delegation, to total number of employees calculated at a specified time. The trade union prepares the list of participants in the dialogue for submission to the employer and makes it available to all employees.

4. At an enterprise where neither the trade union nor the employee representation organization at workplace is set up

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Notes: It is advised that participants in the dialogue should be the employees who are expert in labour, employment and wage legislation, regulations, policies, operational situation, demonstrate good persuasion skills and gain trust from other employees.

II. ORGANIZATION OF PERIODIC DIALOGUES

Periodic dialogues are organized under the provisions of Article 39 in the Decree No. 145. In order to hold an effective dialogue, the trade union should preside over and reach agreement with the employee organization at workplace (if any) or the employee delegation to dialogues (if any) on the following:

1. Preparing for the dialogue

- Develop a plan to participate in the dialogue organization; and propose the meeting schedule, venue and eligible participants in the dialogue on employee side; how to get employees' opinions on the expected agenda; mechanism for cooperation and assignment of responsibilities between the trade union, the employee organization at workplace, and employee delegation to dialogues; how to communicate the results of the dialogue...

- On the basis of grasping employee’s thoughts and aspirations, select dialogue issues or items suitable to the characteristics and situation of the enterprise with priority given to the followings: wages, bonuses, working time, rest time, quality of shift meals, social insurance, unemployment insurance, health insurance policies; initiatives and solutions of employees that contribute to improving product quality, production and business efficiency, and improving working environment; responsibilities of the parties for implementing the results of previous dialogues (if any)... in order to suggest periodic dialogue issues or items.

- The trade union president proactively meets with the employer to discuss and agree on the meeting agenda, venue, time, number of participants and participants eligible to be admitted in the dialogue on each side, and make them available to all employees.

- Organize consultations with employees on the proposed issues or items of the periodic dialogue (carried out by handing out survey forms, listening to employees' feedback, holding meetings in group- or department-level or member trade unions to gather opinions, conduct online surveys, surveys via social networks such as Facebook, Zalo (created by trade unions), internal social networks,...

- Synthesize and decide on the suggested agenda for the periodical dialogue (notes: arrange issues or items to be discussed in the dialogue in order of priority and depending on each dialogue session and form). Too many issues or items to be discussed in the dialogue are not advised. Issues and items on the dialogue agenda selected to be discussed should be feasible and interested by a large number of employees.

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- Send the written request for a dialogue to the employer at least 05 working days before the date of starting the periodic dialogue.

- If there is feedback or proposed dialogue issues or items on the employer side, the presiding union works in collaboration with the employee organization at workplace or the employee delegation to the dialogue to consider and discuss preparation for arguments, defences, other related documents,... It is possible to report to the employer so as to create a high consensus before the dialogue.

- Meet with participants in the dialogue before the dialogue periodically takes place to review the work, assignments, and complete the documents and data related to the dialogue issues and items, ideas, defenses and, at the same time, anticipate emergencies and response plans.

2. Beginning the dialogue

- When entering into the dialogue, participants should act in the spirit of cooperation and sharing, for the common interest to discuss how to attain consensus on dialogue issues. In case any new issue arises, it is suggested that the employer allow internal discussion or temporary suspension of the dialogue to reach agreement, then resume the dialogue or move on to other dialogue issues.

- Recommend the persons who are representatives from both sides and a person from each side to write up the dialogue’s minutes. The minutes of the dialogue must bear the signatures of the enterprise’s legal representative or the authorized person and the trade union’s representative, the representative of the employee organization at workplace (if any) and the representative of the employee delegation to the dialogue (if any). When the dialogue is taking place, audio and video recording may be allowed according to the agreement between both sides, and carried out by the secretary or technician.

- Immediately after the dialogue, the trade union cooperates with the employer in finalizing the dialogue minutes and proposing solutions to unsolved issues (if any).

3. Announcing dialogue outcomes

Within 3 working days after the dialogue ends, the trade union shall take charge of and coordinate with the employee organization at workplace (if any) and the employee delegation to the dialogue (if any) in communicating the dialogue outcomes to all employees; requesting the employer to make the main dialogue issues or items available to its staff.

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Holding a dialogue at the request from one or more sides shall be subject to the provisions of Article 40 of the Decree 145. In addition, the trade union should take charge of and cooperate with the employee organization at workplace (if any) and the employee delegation to the dialogue (if any) that are interested in the followings:

1. Entering into the dialogue at the employee’s request

1.1. If union employees demand a dialogue

- Receiving the dialogue request: When there are any union members requesting the trade union to represent them to have a dialogue with the employer, the trade union quickly gathers their opinions to clarify the reasons for any petition, recommendation or grievance from union members, employees or group of employees. In case where a union member, employee, or group of employees directly sends a call for a dialogue to be held to the employer, the trade union actively collects information, meets with that union member, employee, and group of employees to exchange views, give advice and guidance on issues to be discussed in the dialogue and procedures for entering into such dialogue in accordance with law, and to advise them to authorize the trade union to represent them in the dialogue.

- Collecting opinions from members attending the dialogue on the employee side: The trade union holds a meeting with members participating in the dialogue (as stated in I/1 of this section) to consider issuing or take their votes on the decision to request the employer to hold the dialogue. This decision is approved only when obtaining consent from at least 30%/total number of members authorized to participate in the dialogue.

- Sending issues or items to be discussed in the dialogue to the employer: The trade union files the written call for the dialogue to the employer, including the proposed time, venue, attendees and issues to be discussed in the dialogue on the employee side.

- Making issues or items to be discussed in the dialogue available to employees: After receipt of feedback or agreement from the employer, the trade union informs employees, groups of employees or collectives of employees at its earliest convenience.

- Beginning the dialogue: All steps are the same as those in holding a periodic dialogue (as stated in II/2 of this section).

- Announcing dialogue outcomes: All steps are the same as those in holding a periodic dialogue (as stated in II/3 of this section).

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- When employees or groups of employees that are neither members of the trade union nor members of the employee organization at workplace request the trade union to act on their behalf to engage in the dialogue or directly send a call for a dialogue to the employer, content, procedures and formalities of the dialogue shall be the same as those stated in 1.1 above.

- Collecting opinions from participants in the dialogue on the employee side: All steps in collecting opinions shall be subject to I/2 in this section.

1.3. If employees, groups of employees, including union members, members of the employee organization at workplace, or employees that are not members of the employee representation organization at workplace, demand a dialogue

- When employees, groups of employees including union members, members of the employee organization at workplace and employees who are not members of the employee representation organization concurrently raise the same issue to the trade union, the employee organization at workplace and the employer, the trade union shall actively cooperate with the employee organization at workplace, employees who are not members of the employee representation organization in engaging in the dialogue as stated in 1.1 above.

- Collecting opinions from participants in the dialogue on the employee side: All steps in collecting opinions shall be subject to I/3 in this section.

1.4. If the employee organization at workplace that propose a dialogue with the employer invites the trade union and its authorized union members to the dialogue

When the employee organization at workplace invites the trade union and its nominated members to attend the dialogue with the employer, the trade union’s Executive Committee requests the employee organization at workplace to inform issues to be discussed in the dialogue in order to examine them, exchange views with, advise and guide the employee organization at workplace on how to carry out dialogue procedures in accordance with law, and nominate its representative to the dialogue to protect the legitimate rights and interests of employees.

Notes: If the trade union does not attend the dialogue, it shall be responsible for monitoring and overseeing dialogue procedures in order to take timely action to protect the legitimate rights and interests of employees.

2. Entering into the dialogue at the employer’s request

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IV. ORGANIZATION OF CASE-BY-CASE DIALOGUES

This type of dialogue is to deal with factual situations arising from labor relationships and requires the trade union to:

1. Fully grasp the substance of each case;

2. Carefully study legislative regulations and internal rules and regulations of each enterprise to handle any situation likely to arise;

3. Manipulate dialogue and communication skills, ultimately protect rights and interests of employees;

4. Avoid making the case likely to escalate to the extent of the illegal strike or work stoppage;

5. Listen to opinions from employees directly related to the case, and build good rapport with the employer.

Depending on the particular case, the trade union may consider additionally inviting a number of non-union employees, employees who are expert in the fields and issues related to that case to the dialogue, or consult experts before entering into the dialogue.

Part III

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I. STEPS IN ORGANIZING EMPLOYEE CONFERENCES

A trade union should closely adhere to law and Article 47 of the Decree No. 145 to propose the form, content and procedures for organization of an employee conference (briefly called conference); any trade union with the membership of fewer than 10 employees are not required to hold any conference. Details about these steps are given hereunder:

1. Preparing for the conference:

1.1. Developing the plan to organize the conference

- The trade union should actively propose and agree with the employer on formulation of the plan to organize the conference which specifies: Content and form of the conference; the number of delegates to the conference and distribution of the number of delegates that each subordinate unit can elect to the conference (in case of the delegate conference); conference schedule and venue; assignment of tasks of preparing for presentations in the conference; budget and physical conditions necessary for organization of the conference at the corporate level and the subordinate unit level. Recommendation for the conference chair, secretary and other preparations should be made according to the particular workplace situation. The plan is signed on both sides.

- The trade union recommends the employer to set up the conference organizing committee and clearly assigns duties to each of its members. The organizing committee is composed of: The employer’s representative, the representative of the trade union’s executive committee and representatives from several related departments of the employer. The employer’s representative (holding the chief or deputy chief position) is appointed as the head of the organizing committee; the representative of the trade union’s executive committee (holding the president or vice president position) is appointed as the vice head of the organizing committee.

- Participants in the conference should be clearly stated in the plan to organize the conference:

+ As for the general/plenary conference: Participants are all of the employees working for the enterprise. In case where employees cannot leave their production position, the trade union and the employer should reach agreement on participants provided that at least 70% of employees can attend.

+ As for the delegate/representative conference: The trade union and the employer reach agreement on the delegates to the conference according to the employer’s production and business situation, and hold the conference only if at least 70% of total number of delegates who are invited attend. Attendees are composed of the followings:

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With regard to voting delegates (on the employee side): The trade union shall recommend the candidates for election, the relevant number of delegates to the conference, hold the election meeting that ensures democracy, impartiality and take into account representatives from departments, committees, workshops, etc. Based on conditions for organization of the conference, the trade union may cooperate with the employer to agree on the ratio of elected candidates to total increased number of employees on the employer side. (Example: An enterprise hires and employs at least 101 persons, at least 05 delegates are nominated per an increase of 100 employees).

1.2. Organization and agenda of the conference

When formulating the trade union Regulations, several points mentioned hereunder should be added to the Regulations:

- The employee conference is organized by groups, teams, departments, divisions, workshops or subordinate units (according to the organization structure and size of the enterprise).

- The employer issues the plan to organize the conference after reaching agreement with the trade union’s executive committee.

- Responsibilities for preparing for the content of the conference:

+ The employer prepares the presentation containing the followings: Production and business situation of the previous year, business proposal of the employer in the current year; resolving complaints and accusations; carrying out emulation, commendation and discipline movements; using reward funds, welfare funds, social charity funds, trade union funds... (those information which are communicated or accessible to employees); allocating quotas for delegates to the enterprise-level employee conference to each subordinate unit and in order for participating units to select and vote their delegates (in case of holding the delegate conference); employee's recommendations that employees send to the owner's representatives (e.g., President of the Governing Board, Members’ Board; President of the company or the parent company) to seek their decision (if any).

+ The trade union prepares the presentation containing the followings: Synthesizing the results of the conference held by a group, team, division, department, workshop...; synthesizing suggestions and recommendations of the employees for the purpose of amendment and supplement to the collective bargaining agreement (CBA), internal rules and regulations on wages, salaries, bonuses, labor norms, reward fund, welfare fund, social charity fund...; synthesizing other opinions concerning the rights and benefits of the employees; the implementation of democratic regulations or dialogues at work, the implementation of the previous year's conference resolutions and the results of settlement of recommendations of the employee collective after each dialogue; providing guidance for the directly affiliated trade union to prepare presentations and work with its peer professional unit to organize conference at that level according to the predetermined plan.

+ Participants on both sides can agree on the estimated number of presentations or speeches and persons preparing these presentations or speeches.

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The trade union should agree with the employer on the sample and content of the conference banner/backdrop, which should show the following information:

VGCL’s logo

Enterprise’s logo

Enterprise's name: …………………………..

EMPLOYEE CONFERENCE OF THE YEAR...............

(Venue), day…month…year…

2. Organizing the conference of the directly affiliated unit

2.1. Preparing for the conference

- Based on the enterprise's plan to organize the conference, the head of the unit shall cooperate with the trade union in formulating its own meeting plan; making preparations related to the content and form of its conference, participants, agenda; presentations that it is assigned to give; facility, equipment, decoration, guest welcoming conditions,... which are necessary for the meeting to take place.

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+ The unit’s head prepares his/her presentation containing the following information: Production and business situation of the previous year, business proposal of the unit in the current year; results of settlement of complaints and denunciations; implementation of emulation, commendation and sanctioning movements; results of contribution to the welfare fund, the social charity fund by employees in the unit; other content agreed upon from both sides.

+ The trade union prepares the presentation containing the followings: Synthesizing the opinions from the employees related to their rights and interests; the implementation of the Resolution of the previous year's conference and the results of the settlement of the employees' recommendations after the dialogues; other issues to be discussed as agreed upon on both sides.

2.2. Organizing the conference

- The unit’s head shall cooperate with the trade union in presiding over and organizing the conference according to the agenda agreed upon on both sides, and shall present on his/her part.

- On the basis of opinions exchanged and discussed in the conference, the unit’s head in conjunction with the trade union shall prepare the report, recommendations and proposals of the employees under their management for submission to the superior so that they are presented and discussed in the conference at the enterprise (or corporation or incorporation level).

- Nominate and elect the representative to the conference at the enterprise level (if any).

- Nominate and elect its members to the dialogue at its own level and the enterprise level (if any).

- Approve the minutes, complete the conference minutes, and communicate it to all of its employees as well as submit it to the superior in accordance with regulations.

3. Organizing the conference at the enterprise level

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- Conference chair: This is a person presiding over the conference and resolving any issues that arise in the conference under his/her authority. There shall be 02 chairs, including 1 representative of the employer and 1 representative of the executive committee of the trade union, who are nominated from both sides and elected in the conference. Both chairing members have equal rights and duties to chair the conference which are appropriate and match roles and responsibilities of each member. In case where both members fail to agree on a particular issue, the conference resolution on this issue shall be sought.

- Conference secretary: This is a person writing up the conference minutes, assisting in the conference chair to deal with any issue arising in the conference, and finalizing conference documents promptly after the conference. There shall be 02 secretaries nominated by the chair on each side (the employer and the trade union or the representative of the employer).

3.2. Conference scenario

- Flag salute (recommended).

- Opening speeches and delegate welcoming remarks.

- Electing the conference chair; the elected chair taking charge of the conference.

- Presentations given on the part of the employer’s representative and the trade union’s representative.

- Delegates entering into discussion and raising questions.

- Invitation for leadership’s speeches (if any).

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- Signing CBA (If any).

- Electing or announcing members participating in the dialogue on the employee side (if any).

- Electing the people’s inspection board at the state enterprise (if any).

- Offering rewards, launching emulation activities and signing emulation agreements (if any).

- Voting for ratification of the Resolution or main content of the conference minutes (as commonly known as Resolution).

- Closing remark.

Notes: When organizing an online conference, the trade union may recommend the employer to specify the followings in the conference organization regulations: 1) login addresses authenticated by OTP codes, username and passwords granted by the unit during the conference; 2) voting and discussion methods; 3) online voting form (e-voting or remote voting), ballots with QR codes, time and duration of voting, valid and invalid votes, confirmation of voting results; 4) conformity with all conditions relating to equipment, transmission lines, security work; 5) guidance and rehearsal related to the aforesaid for delegates prior to the conference.

4. Implementing the conference resolution

Immediately after the conference, the employer’s representative and the trade union’s representative or the representative if the employee organization at workplace (if any) shall perform the activities hereunder:

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- Communicate the conference resolution to all employees.

- Instruct subordinate units on each side to implement the resolution according to their assigned functions and duties.

- Amend and supplement internal rules and regulations in conflict with the CBA already in effect or amended (if any), or the conference resolution.

- Every six months, assess the implementation of the conference resolution (i.e., achievements, unsolved issues, problems arising during the implementation period, recommended actions for ongoing implementation of the resolution in the future).

II. CONFERENCE TIME

1. Determining when the conference of the unit directly affiliated to the enterprise is held

The conference of units directly affiliated to the enterprise is held according to the plan to organize the conference approved by the enterprise.

2. Determining when the conference at the enterprise level is held

Based on the actual situation, the trade union may recommend the appropriate time of the conference to the employer. The time of the conference can be stipulated in the workplace democracy regulations of the enterprise (e.g., the conference held in the Quarter I each year).

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3. Determining when the conference at the corporation or incorporation level

The trade union superior to the workplace trade union shall cooperate with the employer in organizing the conference at the corporation or incorporation level and the time of this conference shall be determined according to agreement reached on both sides.

Procedures and content of the conference are agreed upon on both sides, and may be the same as those stated in section I of this part.

Part IV

RESPONSIBILITIES OF ALL-LEVEL TRADE UNIONS

I. VIETNAM GENERAL FEDERATION OF LABOUR

1. Implement the Guidance on "Trade union’s participation in dialogues and implementation of grassroots democracy regulations at workplace" and publish communication and training documents for use by trade unions at all levels.

2. Take charge of communicating regulations of Decree No. 145 and other relevant law on the formulation and implementation of grassroots democracy regulations at workplace to the Confederations of Labor in provinces, cities, Trade Unions of central authorities, Incorporations and enterprises directly controlled by the General Confederation of Labour, and helping them thoroughly grasp these regulations and law.

3. Periodically inspect and supervise all-level trade unions’ implementation of the Party's guidelines, the State's law, and the VGCL's regulations on building and implementing the grassroots democracy regulation at the workplace; cooperate with competent authorities in inspecting, examining and supervising how these tasks are carried out by the employer.

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5. Get involved in and give competent state authorities recommendations about formulation and perfection of legal regulations on the implementation of grassroots democracy regulations at workplace, especially recommendations aimed at resolving problems encountered during implementation.

II. LABOR CONFEDERATIONS OF PROVINCES AND CITIES; TRADE UNIONS OF CENTRAL AUTHORITIES OR EQUIVALENTS; TRADE UNIONS OF INCORPORATIONS DIRECTLY CONTROLLED BY THE VGCL

1. Take charge of disseminating and communicating the Party's guidelines, the State's law and this Guidance to trade union officers, union members and employees under their management; recommend the Party committees and authorities at the same level to issue directives for the implementation of grassroots democracy regulations in the workplace; proactively cooperate with central authorities, local authorities and functional agencies in communicating and stimulating the formulation and implementation of grassroots democracy regulations at workplace to local employers.

2. Direct and guide the trade unions directly superior to the workplace trade unions to support the workplace trade unions and employee collectives at workplace to participate in the formulation and implementation of the grassroots democracy regulation at workplace; pilot and draw lessons learned from implementation to widely implement these regulations within the scope of management.

3. Provide professional and skill training courses for all-level trade union officers to ensure that they understand the content, processes and skills in participating in, giving support for formulation and implementation of the grassroots democracy regulations at workplace.

4. Periodically inspect and supervise inferior trade unions or cooperate with specialists in inspecting and supervising the implementation of grassroots democracy regulations at workplace in accordance with law and this Guidance.

5. Every 6 months (before June 15), and one year (before November 30), conduct the preliminary or final review of the results of implementation of the grassroots democracy regulations at the workplace, and report them to the VGCL (according to the appendix to this Guidance).

III. TRADE UNIONS DIRECTLY SUPERIOR TO WORKPLACE TRADE UNIONS

1. Take charge of or cooperate with peer specialized units and competent authorities in communicating and disseminating regulations of the Party, the State and the VGCL on the implementation of grassroots democracy regulations at workplace to trade union officers, union members, employees and employers.

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3. Review the formulation and implementation of grassroots democracy regulations at workplace by workplace trade unions under their management and local businesses before timely support is given to them.

4. Periodically conduct the preliminary and final review of results of implementation of workplace democracy regulations and report them to the superior trade unions.

5. Regularly monitor and supervise the implementation of workplace democracy regulations in order to advise state authorities or peer specialized units to encourage and prompt enterprises to implement democracy regulations in compliance with regulations and protect the rights and interests of their employees.

IV. ENTRY INTO FORCE

This Guidance is entering into force as of the signature date as a replacement for the Guidance No. 1360/HD-TLD dated August 28, 2019 on trade unions’ participation in formulation and implementation of grassroots democracy regulations at workplace. In the course of implementation of this Guidance, if there is any difficulty that arises, feedback should be sent to the Vietnam General Confederation of Labour (via the Labor Relations Committee) to request its review and proper amendment./.

PP. EXECUTIVE COMMITTEE
PRESIDENT




Nguyen Dinh Khang

APPENDIX

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(to the Guidance No. 41/HD-TLD dated November 11, 2021 of the VGCL)

Sample 01

Minutes of periodic/on-demand/case-by-case dialogues at workplace

Sample 02

Resolution of the employee conference of the year…

Sample 03

Minutes of the employee conference of the year...

Sample 04

Decision to promulgate grassroots democracy regulations at workplace

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Comprehensive chart showing data on results of implementation of grassroots democracy regulations at workplace during 6 ... months/year…

Sample 01

COMPANY’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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MINUTES OF THE……PERIODIC/ON-DEMAND/CASE-BY-CASE DIALOGUE AT WORKPLACE OF THE YEAR 20……

Pursuant to the 2019 Labor Code; the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020, elaborating and providing guidance on implementation of several Articles of the Labor Code on labour conditions and relations;

Pursuant to the Decision No:.../QD- dated (dd/mm/yyyy)…… of the company’s Director………….regarding promulgation of the grassroots democracy regulations at workplace;

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Participants, including:

1. Representative of the Board of Directors:

Mr./Mrs.: .................................... ; title: ....................................

2. Representative of the employee collective:

Mr./Mrs.: .................................... ; title: ....................................

3. Representative of the superior trade union (if any):

Mr./Mrs.: .................................... ; title: ....................................

4. Conference secretary:

Mr./Mrs.: .................................... ; title: ....................................

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Part II. Full account of the dialogue (opinions contributed by delegates to the dialogue).

Part III. Dialogue outcomes (Agreements, solutions, implementation and completion schedule; unsolved issues, recommended actions).

The dialogue ends at (hh:mm)…….on the same day.

The minutes is read out to and signed by agreement by participants, and made into ... copies having the same value. A copy is send to each participating side and another is deposited with the company. The minutes is available to all employees for their information and compliance./.

SECRETARY

EMPLOYEE COLLECTIVE’S REPRESENTATIVE

DIRECTOR

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COMPANY’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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RESOLUTION OF THE EMPLOYEE CONFERENCE OF THE YEAR 202…

Pursuant to the 2019 Labor Code; the Government’s Decree No. 145/2020/ND-CP dated December 14, 2020, elaborating and providing guidance on implementation of several Articles of the Labor Code on labour conditions and relations;

Pursuant to the Decision No:.../QD- dated (dd/mm/yyyy)…… of the company’s Director………….regarding promulgation of the grassroots democracy regulations at workplace;

At (hh:mm), on (dd/mm/yyyy)……., at (the dialogue venue)……, the Company … is holding the employee conference of the year…

Participants in this conference, including:

1. Representative of the Board of Directors.

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3. Guest participant: The superior trade union (if any).

4. And …delegates and representatives from departments, committees, workshops, teams or groups in the Company.

EMPLOYEE CONFERENCE OF THE COMPANY…IN THE YEAR...
HEREIN RESOLVES

1. Unanimously ratify the Report on business and production performance of the Company in the year…; the production and business plan, policy and proposal to be executed in the year…

2. Unanimously ratify the Report on performance of the workplace trade union in the year… and the operational proposal for the year…

3. The Company’s employee conference unanimously votes for issues discussed and agreed upon at the conference; amendments to internal rules, regulations of the company or new draft CBA,...); results of election of members participating in the dialogue, election of the people's inspection board (if any) and others directly related to the rights and obligations of all employees.

4. The conference mandates the Board of Directors and the Executive Committee of the workplace trade union to fully take up opinions contributed by participating delegates; bear responsibility to fully implement the resolution passed in the employee conference.

5. The conference call on all union members and employees to promote their sense of responsibility, actively support activities and emulation movements launched by the Board of Directors and the Executive Committee of the Communist Party of Vietnam, contributing to the successful implementation of the resolution of the employee conference of the year...

The resolution of the employee conference of the year 202… is passed and in effect as from the signature date./.

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SECRETARY

EMPLOYEE COLLECTIVE’S REPRESENTATIVE

DIRECTOR

Sample 03

COMPANY’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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MINUTES OF THE EMPLOYEE CONFERENCE OF THE YEAR 202...

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Pursuant to the Decision No:.../QD- dated (dd/mm/yyyy)…… of the company’s Director………….regarding promulgation of the grassroots democracy regulations at workplace;

At (hh:mm), on (dd/mm/yyyy)…………….at the Company, the employee conference of the year… is holding.

Participants:… (the number of union members)/… (the number of employees), representatives from departments, committees, workshops, teams or groups in the Company.

A. CEREMONIAL CUSTOMS AND COURTESIES

1. Flag salute (recommended).

2. Opening speeches and delegate welcoming remarks.

3. Election of the conference chair; the elected chair taking charge of the conference.

B. CONTENT (The chair in charge of the conference)

1. Representative of the Board of Directors reports on production and business situations; implementation of labor contracts, labor regulations, and others made available to union members for their supervision; implementation of allowance and benefits granted to employees during the year...; production and business plan and proposal of the year...; handling of and explanation for petitions and recommendations of the employees.

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3. Participants entering into discussion: (recording the voice or oral presentation given by each speaker).

4. Electing members participating in the dialogue (if any).

5. Electing the people’s inspection board at the state enterprise (if any).

6. Leadership speech (if any).

7. Offering rewards, launching emulation activities and signing emulation agreements (if any).

8. Voting for ratification of the resolution of the employee conference or main content of the conference minutes.

The conference ends at…on the same day.

SECRETARY

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Sample 04

COMPANY’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: …/QD……

……., (dd/mm/20…)…….

DECISION

To promulgate grassroots democracy regulations at workplace

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Pursuant to the 2019 Labor Code;

Pursuant to the Government's Decree No.145/2020/ND-CP dated December 14, 2020, elaborating and providing guidance on implementation of the Labor Code in terms of labor conditions and relations;

Pursuant to the Statutes (Operation Rules and Regulations) of the Company…;

Upon the request of ……………………..

HEREIN DECIDES

Article 1. The grassroots democracy regulations at workplace in the Company... are issued as an annex to this Decision.

Article 2. This Decision shall enter into force as of the signature date.

Article 3. The Board of Directors; the Executive Committee of the workplace trade union; directly affiliated units and all employees working for the Company, shall be responsible for implementing this Decision./.

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DIRECTOR
(Signature and seal)

COMPANY’S NAME
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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REGULATIONS

ON GRASSROOTS DEMOCRACY REGULATIONS AT WORKPLACE
(Attached to the Decision No. ............../QD-........ dated (dd/mm/202…)…… of the Director of the Company)

Chapter I

GENERAL PROVISIONS

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These Regulations discuss the rights and responsibilities of the employer, employees and the employee representation organization at workplace concerning the implementation of grassroots democracy regulations at workplace in the Company...

Article 2. Subjects of application

1. Employees working under employment contracts for the Company.

2. Governing Board, Board of Directors of the Company.

3. Executive Committee of the workplace trade union of the Company.

Article 3. Implementation principles

1. Carry out these Regulations on a goodwill, cooperation, honesty, equality, openness and transparency basis;

2. Respect legitimate rights and interests of all employees, the employer and other relevant entities or persons;

3. Prohibit any illegal acts and infringement upon social moral standards when implementing these Regulations.

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1. Infringe upon national security, social order and peace as well as interests of the state;

2. Infringe upon the legitimate rights and interests of the employer and employees;

3. Repress and discriminate against dialogue participants, complainants and denunciators.

Chapter II

CONTENT OF GRASSROOTS DEMOCRACY REGULATIONS AT WORKPLACE

Section 1

ISSUES OR ITEMS THE EMPLOYER MAKES AVAILABLE TO ALL EMPLOYEES, FOR EMPLOYEES' COMMENT, DECISION, INSPECTION OR SUPERVISION

Article 5. Issues or items that the employer must make available to all employees

1. Employer’s production and business situation;

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3. Collective bargaining agreements in which the employer participates (e.g. enterprise-level agreement, industry-level agreement, enterprise group-level agreement);

4. Establishment and use of the reward fund, welfare fund and other funds to which contributions are made by the employees (if any);

5. Withholding of funds for payment of union dues, SI, HI and UI contributions;

6. Performance related to such activities as emulation, commendation, disciplining, settlement of complaints and denunciations related to rights, obligations and interests of the employees;

7. Others permitted by law.

Article 6. Disclosure methods

1. Posting at workplace;

2. Announcements made at meetings, dialogues or conferences in which employees participate;

3. Written announcements sent to the executive committee of the workplace trade union to be communicated to union members and employees;

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5. Information posted on the company’s website;

6. Using other disclosure methods not prohibited by law.

Article 7. Items or issues available for employees’ comment

1. Formulation, revision and supplementation of internal rules, regulations and other documents of employers relating to the obligations, legitimate rights and interests of employees;

2. Formulation, revision and supplementation of the pay scale, table and labor norms as well as recommendations about collective bargaining agreements;

3. Recommendations about and implementation of solutions to cost reduction, increase in labor productivity, working condition improvement, environmental protection and fire safety;

4. Others related to the rights, obligations and benefits of employees under law.

Article 8. Methods of collection of opinions

1. Collecting opinions directly from employees;

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3. Collecting opinions at the employee conference; the workplace dialogue;

4. Handing out questionnaires; sending draft documents to employees to obtain their comment;

5. Using other disclosure methods not prohibited by law.

Article 9. Items and issues subject to employee decisions and decision-making methods

1. Concluding, amending, supplementing and terminating labor contracts in accordance with law;

2. Acceding to or refusing to join the workplace trade union;

3. Participating in or refusing to participate in labor strikes under law;

4. Voting on agreement that has been reached for the conclusion of the collective bargaining agreement in accordance with law;

5. Others permitted by law or agreed upon by participating parties;

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Article 10. Issues and items subject to employee's inspection or supervision

1. Implementation of labor contracts and CBA;

2. Implementation of internal rules, regulations and other documents of employers relating to the obligations, legitimate rights and interests of employees;

3. Use of the reward fund, welfare fund and other funds to which contributions are made by the employees;

4. Employer’s withholding of funds for payment of union dues, SI, HI and UI contributions;

5. Performance related to such activities as emulation, commendation, disciplining, settlement of complaints and denunciations related to rights, obligations and interests of the employees;

6. Methods of inspection and supervision of employees shall be subject to the provisions of law (through inspection and supervision of the workplace trade union; the annual employee conference; public disclosure and democracy system; dialogue activities at workplace…).

7. Employees may supervise issues and items prescribed in clause 6 of this Article (except those classified as technology secrets, trade secrets stipulated in the internal labor rules and regulations of the Company).

Section 2. ORGANIZING EMPLOYEE CONFERENCES

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1. The employee conference is annually held by the employer and the executive committee of the workplace trade union with the aim of reviewing, assessing and publicly communicating business and production performance of the employer, the performance of the workplace trade union, sharing and exchanging information, as well as implementing the democracy rights of the employees and the employer in the Company.

2. Time, forms and scale of the conference

a) Time: The employee conference is held at least once a year in the first quarter of the year.

b) Form and scale: Offline or online, general/plenary or delegate/representative conferences (depending on the production and business characteristics and the labor organization at workplace, the employer and the executive committee of the workplace trade union unanimously decide on the appropriate form and scale of the conference).

3. Participants, including:

a) General/plenary conference: All employees in the Company attend this conference.

b) Delegate/representative conference: The employer agrees with the executive committee of the workplace trade union to allocate the appropriate and equal structure-based quota of delegates to the departments. Based on the allocated quota, trade union groups nominate employees’ representatives as delegates to the conference.

c) Ex officio delegates, including: The Governing Board; the Board of Directors; the Supervisory Board; the Chief Accountant, the Head of the Human Resource Department; the executive committee of the workplace trade union; representatives of all-level Party committees, representatives of socio-political organizations (if any); the people’s inspection board (if any); representative of the executive committee of the superior trade union (where the workplace trade union is not set up).

4. Conference content

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a) Employer’s production and business situation;

b) Implementation of labor contracts, CBA, internal rules, regulations, commitments and other agreements at workplace;

c) Working conditions; working environment;

d) Petitions (requests) submitted by employees and the trade union to the employer;

dd) Recommendations (requests) made by the employer to the employees and the workplace trade union;

e) Others in which parties are interested.

5. Preparations for the conference

a) 15 days before the time when the employee conference is scheduled to take place, the Company's Director takes charge of convening a preparatory meeting attended by the Director, the Chairperson of the workplace trade union and representatives of relevant departments.

b) The preparatory meeting seeks to agree on the conference plan, content, time and venue; the allocated quota and structure of delegates (if it is a delegate conference), and assign the specific tasks to members.

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- The employer makes the following preparations: Report on the production and business situation of the company, implementation of labor contracts, CBA, internal rules and regulations, working conditions, occupational safety and health, results of handling of recommendations of the employees and implementation of the resolutions of the previous employee conference.

- The executive committee of the workplace trade union makes the following preparations: Report on review of emulation movements, activities of the workplace trade union, synthesis of recommendations and proposals of the employees, care and protection of the legitimate rights and interests of union members and employees.

- The Employer and the Chairperson of the workplace trade union agree on issues or items available to the employees, those to be voted on at the conference, and the amendment and supplements to the Company's internal rules, regulations, CBA...

6. Conference agenda

The employee conference can be held only when at least 70% of total delegates invited to the conference are present. Items of the conference agenda are listed as follows:

a) Flag salute (recommended).

b) Electing the conference chair and the conference secretary (by the hand vote).

c) Approving of the conference agenda.

d) Representatives present their reports prescribed in point c of clause 5 of this Article.

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e) The Employer answers questions; is involved in discussion about solutions to ensuring employment, income, improving and enhancing the material and spiritual life of employees; improving the production and business efficiency of the Company, innovating working conditions...

f) Leadership speech (if any).

g) Signing, revising and supplementing CBA (if any).

h) Electing members participating in the dialogue on the employee side (if any).

i) Electing the people’s inspection board at the state enterprise (if any).

j) Offering rewards, launching emulation activities and signing emulation agreements (if any).

k) Ratifying the conference resolution.

7. Communicating, implementing and supervising the implementation of the conference resolution.

a) The employer cooperates with the executive committee of the workplace trade union in communicating the conference resolution to all employees in the Company.

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c) Every six months, the employer cooperates with the workplace trade union in assessment of results of implementation of the conference resolution; results of implementation of recommendations of employees.

Section 3. ORGANIZING WORKPLACE DIALOGUES

Article 12. Workplace dialogues

Workplace dialogue is an act of sharing information, referencing, discussing and exchanging opinions between the employer and employees or the executive committee of the workplace trade union on issues related to the rights, interests and concerns of parties at workplace in order to increase the knowledge, cooperation and joint effort in obtaining solutions of common interest.

Article 13. Workplace dialogue principles

1. Carry out these Regulations on a goodwill, cooperation, honesty, equality, openness and transparency basis;

2. Respect legitimate rights and interests of all employees, the employer and other relevant entities or persons;

3. Prohibit any illegal acts and infringement upon social moral standards when holding a workplace dialogue.

4. Outcomes of the workplace dialogue are communicated publicly and promptly to all employees for their information and compliance.

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1. The employer is responsible for cooperating with the executive committee of the workplace trade union to organize a periodic dialogue at workplace.

a) The number of participants and eligible participants in the dialogue on each side are as follows:

- On the employer side: The company’s legal representative or a person authorized in writing, the head of the human resource department, the chief accountant of the Company (nominated and obtaining a written decision on nomination to the dialogue).

- On the employee side: Chairperson, vice chairperson, members of the executive committee of the workplace trade union and representatives of employees at several departments (in accordance with point a of clause 2 of Article 38 in the Decree No. 145/2020/ND-CP).

- Secretary: The secretary is appointed by mutual agreement between the employer and the executive committee of the workplace trade union, and is not a member participating in the dialogue from both sides. The secretary is tasked with preparing documents, faithfully and fully recording dialogue content in the dialogue minutes.

The employer is responsible for providing necessary material conditions and arranging the venue for the dialogue.

b) Dialogue frequency: At least once a year.

c) Time of the dialogue:

The dialogue is held in Quarter I each year. When there is an unexpected (force majeure) event that lead to any change of the time of the dialogue, the employer and the trade union must reach agreement on the postponement (change of the time of the dialogue), and the parties must hold the dialogue within 15 working days from the dialogue postponement date.

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dd) Dialogue content:

dd1) Content of the dialogue shall be subject to point c of clause 2 of Article 63 in the Labor Code.

dd2) In addition to the content specified at point c of clause 2 of Article 63 in the Labor Code, the parties may choose one or several of the following items to be discussed in the dialogue:

dd2.1) Employer’s production and business situation;

dd2.1) Implementation of labor contracts, CBA, internal rules, regulations, commitments and other agreements at workplace;

dd2.2) Working conditions;

dd2.3) Demands presented by employees and the employee representation organization to the employer;

dd2.4) Demands presented by the employer to employees and the employee representation organization;

dd2.5) Others in which either or both parties are interested.

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The employer shall assume the following responsibilities:

e.1) Nominate the representative on the employer side to the workplace dialogue in accordance with regulations;

e.2) Locate, schedule and prepare other material conditions necessary for the workplace dialogue.

e.3) Report on the organization of the dialogue and the implementation of the democracy regulations to state labor authorities upon request.

The executive committee of the workplace trade union shall assume the following responsibilities:

e.1) Nominate its representative to the dialogue in accordance with regulations;

e.2) Give comments on the content of the democracy regulations to the employer;

e.3) Collect opinions from employees, synthesize and prepare issues or items to be discussed in the dialogue;

e.4) Participate in the dialogue with the employer in accordance with clause 2 of Article 63 in the Labor Code and these Regulations.

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Preparing for the dialogue:

Within 05 working days prior to the dialogue, the workplace trade union notifies issues or items to be discussed in the dialogue to the employer and vice versa (issues or items requested to be discussed in the dialogue are chosen on the basis of the results of collecting opinions and recommendations of the employees and the production and business situation of the company. Opinions can be collected through the meeting of the workplace trade union and the leaders of the trade union groups, or directly from the employees in the production and business departments, depending on the characteristics of the company and the number of employees).

Within 05 working days from the date of receipt of the notification of issues or items to be discussed in the dialogue, the two parties agree on the content, time, venue and participants of the periodic dialogue and the employer issues a written decision (plan) to organize the dialogue (specify agenda, time, venue, issues or items to be discussed and participants). The decision to organize the dialogue must be sent to the Chairperson of the workplace trade union prior to the dialogue.

The employer and the chairperson of the workplace trade union assign members participating in the dialogue on each side to prepare issues or items to be discussed in the dialogue and related documents.

Beginning the dialogue

The periodic dialogue at workplace is held with the presence of more than 70% of the members representing each party. In case where the requirement of more than 70% of the members representing each party that are present at the dialogue is not satisfied, the employer can decide to postpone the dialogue to a later time and the parties must hold the dialogue at the time agreed upon by the two parties (depending on the production and business situation and actual conditions of the company).

Dialogue agenda

- The legal representative of the Company or the person authorized in writing and the chairperson of the workplace trade union co-chair and appoint a secretary to keep the minutes of the dialogue.

- Opening speeches and delegate welcoming remarks.

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- The representative on each side raises issues or items to be discussed in the dialogue.

- The employer and the chairperson of the workplace trade union enter into the discussion and answer questions related to these issues or items on each part.

- Seeking agreement from parties and drawing conclusions on each issue or item already discussed.

- Ratifying the dialogue minutes. The minutes must show the following main information:

+ Agreements reached at the dialogue and communicated to all employees for their information and compliance.

+ Unsolved issues that need to be discussed further in the next dialogue.

+ Issues arising (if any) other than solved or unsolved ones.

During the dialogue, members participating in the dialogue are responsible for ensuring that activities, such as analysis, explanation, defence, provision of information, data, proof, opinion exchange and discussion, are performed in a constructive, solidary, democratic, open, transparent and respectful manner.

Ending the dialogue

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- The minutes is duplicated into 04 copies. Each participating party keeps one; one copy is posted within the company; one copy is deposited with the Company's clerical department.

- Communicating outcomes of the dialogue to all employees for their information and compliance.

Article 15. Organizing a dialogue upon the request of one or more parties

All steps and procedures for organizing this dialogue are the same as those stipulated in Article 40 of the Government’s Decree No. 145/2020/ND-CP.

Article 16. Organizing a case-by-case dialogue

All steps and procedures for organizing this dialogue are the same as those stipulated in Article 41 of the Government’s Decree No. 145/2020/ND-CP.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 17. Implementation responsibilities

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2. Heads of affiliated units of the Company are responsible for cooperating with the executive committee of the workplace trade union to disseminate the content of these Regulations to all union members and employees in the Company for their information and compliance. In the course of implementation of these Regulations, should there be any issue that arises, the Board of Directors and the Executive Committee of the workplace trade union shall consider any proper amendments or supplements./.

DIRECTOR
(sign and seal)