Decree No. 149/2018/ND-CP detailing Clause 3 of Article 63 of the Labor Code on implementing democratic regulations at the workplace

DECREE

Detailed provisions for Clause 3, Article 63 of the Labor Code on implementing democratic regulations at workplaces

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

Pursuant to the Labor Code dated June 18, 2012;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree to provide detailed provisions for Clause 3, Article 63 of the Labor Code on implementing democratic regulations at workplaces.

Article 1. Scope of Regulation

This Decree stipulates the principles, contents, and forms of implementing democracy at workplaces of enterprises, organizations, cooperatives, households, individuals who hire or employ labor under labor contracts (hereinafter referred to as employers).

Article 2. Applicability

1. Workers as prescribed in Clause 1, Article 3 of the Labor Code.

2. Enterprises, organizations, cooperatives, households, individuals who hire or employ labor under labor contracts.

3. Trade union organizations representing workers at workplaces as prescribed in Clause 4, Article 3 of the Labor Code.

4. Other agencies, organizations, and individuals related to the implementation of democratic regulations at workplaces as prescribed in this Decree.

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

Article 3. Principles of Implementing Democracy at Workplaces

1. Goodwill, cooperation, honesty, equality, transparency, and clarity.

2. Respect for the rights and legitimate interests of employers and workers.

3. Implementation of democracy at workplaces without contravening laws and social morals.

Article 4. Contents That Employers Must Publicize

1. Situations regarding the fulfillment of tasks, production, and business operations.

2. Internal rules, regulations, and other documents of the enterprise concerning the obligations, rights, and legitimate interests of workers.

3. Collective labor agreements of the enterprise, industry collective labor agreements, and other collective labor agreements in which the enterprise participates.

4. Resolutions of the Workers' Conference.

5. Matters concerning the establishment, use of incentive funds, welfare funds, and other funds contributed by workers (if any).

6. Matters concerning the payment of trade union fees, social insurance, health insurance, unemployment insurance contributions.

7. Situations regarding the implementation of commendation, discipline, handling complaints and denunciations related to the rights and legitimate interests of workers.

Article 5. Contents That Workers May Provide Input On

1. Drafting, amending, and supplementing internal rules, regulations, and other documents of the enterprise concerning the obligations, rights, and legitimate interests of workers.

2. Drafting, amending, and supplementing wage scales, pay scales, labor norms; proposing collective bargaining agenda items.

3. Proposing and implementing cost-saving measures, improving labor productivity, enhancing working conditions, protecting the environment, and preventing fires.

4. Other matters related to the rights and obligations of workers as prescribed by law.

Article 6. Contents That Workers May Decide Upon

1. Entering into, amending, supplementing, terminating labor contracts in accordance with the law.

2. Joining or not joining a trade union organization representing workers at the workplace.

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

4. Voting on the contents of collective bargaining agreements reached in accordance with the law; voting on the contents of resolutions of the Workers' Conference.

5. Other contents as prescribed by law.

Article 7. Contents to be inspected and supervised

1. The performance of labor contracts and collective labor agreements.

2. The implementation of labor regulations, rules, and other documents issued by the enterprise related to the rights and legitimate interests of workers.

3. The use of reward funds, welfare funds, and funds contributed by workers.

4. The payment of trade union fees, social insurance, health insurance, and unemployment insurance by employers.

5. The implementation of competition, rewards, discipline, complaints, and denunciations related to the rights and legitimate interests of workers.

6. The implementation of the Resolution of the Workers' Meeting.

Article 8. Dialogue at the workplace

1. Dialogue at the workplace is conducted through direct exchanges between workers and employers or between representatives of worker collectives and employers. Workplace dialogue is carried out regularly or when requested by either party.

2. The content of dialogue, number of participants, time, and procedures for organizing dialogue are implemented according to the democratic regulations at the workplace of the enterprise. If the regular dialogue meeting coincides with the time set for the Workers' Meeting as stipulated in Article 9 of this Decree, the enterprise does not need to organize regular dialogue meetings.

Article 9. Workers' Meeting

1. The Workers' Meeting is organized and implemented by the employer and the representative organization of the worker collective at the workplace. The Workers' Meeting is held at least once a year.

2. The Workers' Meeting can be held in the form of a general assembly or a representative meeting.

3. The contents of the Workers' Meeting are implemented according to the provisions of Article 64 of the Labor Code.

4. The form of organization, content, participants, time, location, procedures, responsibilities for organizing and implementing the Workers' Meeting, and the method of publicizing the results of the meeting are carried out according to the democratic regulations at the workplace of the enterprise.

Article 10. Other Forms of Implementing Democracy

1. Internal information system.

2. Suggestion box.

3. Petitions, complaints, and denunciations as prescribed by law.

4. Other forms prescribed by the enterprise in the democratic regulations at the workplace of the enterprise.

Article 11. Responsibility for Issuing Democratic Regulations at the Workplace

1. Employers have the responsibility to issue democratic regulations at the workplace to ensure compliance with the provisions of this Decree.

2. The democratic regulations at the workplace must include the opinions of the representative organizations of the worker collectives at the workplace and must be publicly announced to workers before implementation.

Article 12. Effective Date

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

Decree No. 60/2013/NĐ-CP dated June 19, 2013 of the Government detailing Clause 3 of Article 63 of the Labor Code on the implementation of democratic regulations at the workplace ceases to be effective from the date this Decree takes effect.

2. Employers employing fewer than ten workers are exempted from organizing Workers' Meetings as stipulated in Article 9 and issuing democratic regulations at the workplace in writing as prescribed in Article 11 of this Decree.

Article 13. Responsibility for Implementation

The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committee of a province or centrally governed city, and entities subject to this Decree are responsible for its implementation./.