Advanced Search

Circular 29/2015/tt-Bldtbxh Dated: A Guide To Implementing A Number Of Articles About Collective Bargaining, Collective Labour Agreements And Labor Dispute Resolution Provisions In Decree No. 05/2015/nd-Cp ...

Original Language Title: Thông tư 29/2015/TT-BLĐTBXH: Hướng dẫn thực hiện một số điều về thương lượng tập thể, thỏa ước lao động tập thể và giải quyết tranh chấp lao động quy định tại Nghị định số 05/2015/NĐ-CP...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 29 /2015/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 31, 2015

IT ' S SMART

Instructions to do some things about collective bargaining, Treaty. the collective labor and the dispute resolution

labor rules at N Number one. 05 /2015/NĐ-CP January 12, 2015 of - The government. details

and guide the implementation of some of the contents B The rules L Oh, g

____________________________

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

Base of Protocol 05 /2015/NĐ-CP December 12, 2015 of the Government rules the details and guidelines for the implementation of some of the contents of the Labor Code;

On the recommendation of the Chief of Labor Affairs-The salaries;

The Minister of Labor-Trade and Social Affairs issued guidance on a number of things on collective bargaining, the collective labor agreement and the settlement of the labor dispute stipulated at the United States Congress. 05 /2015/NĐ-CP December 12, 2015 of the Government rules the details and guidelines for the implementation of some of the contents of the Labor Code.

What? 1. The adjustment range

This information instructs a number of things in collective bargaining, the collective labor agreement, the Labour Board of Arbitration, damages the damage in the case of unlawful strikes stipulated at the Fourth Protocol. 05 /2015/NĐ-CP December 12, 2015 of the Government rules the details and guidelines for the implementation of some of the contents of the Labor Code (later called the Digital Protocol). 05 /2015/NĐ-CP).

What? 2. Subject applies

Workers, the organization of labor collective representation at the facility, employers, organizations representing employers, agencies, organizations, others are directly related to the regulation of labor under regulation at Article 2 of the number of labor. 05 /2015/NĐ-CP.

What? 3. A recurring collective bargaining

Periodic collective bargaining at Article 16 Digital Protocol 05 /2015/NĐ-CP to be specified as follows:

1. The periodic collective bargaining is conducted at least once a year, the distance between twice the maximum adjoining body weight of less than 12 months;

2. Representative of the two sides negotiated the number of times, the time of the annual collective bargaining and the signing of the signed text of the parties to the base of negotiations;

3. Principles, the right to demand, representation, content, collective bargaining process that periodically execute the regulations at Articles 67, 68, 69, 70, 71 of the Labor Code.

What? 4. Responsible for collective bargaining session

The responsibility of the union organization, which organizes the employer employer and the state governing body on labor in attending the collective bargaining session at Article 17 of the number of labor states. 05 /2015/NĐ-CP rules as follows:

1. When receiving the text offered to attend the collective bargaining session of one of the two collective bargaining parties, the Vietnam Labor Federation, the Provincial Labor Federation, the Central City of Central City, the company-level union organization on the basis of the facility, organization representing employers in the Central and in the province, the central city of Central, the Ministry of Labor-Trade and Social Affairs, the Provincial People 's Committee, the Central Committee of the Central Committee, the District People' s Committee, the district, the town, the provincial city. The candidate for the collective bargaining session;

2. The person who was sent to the collective bargaining session required by the document to attend the collective bargaining session that provides information that is relevant to the collective bargaining session content; document preparation, necessary documentation and guidance on the subject matter. Labor law enforcement, support for parties to negotiate a guarantee of objective principles, respect the bargaining power and decisions of the parties in collective bargaining.

What? 5. The responsibility to take on the collective labor agreement by the state governing body on labor.

Responsibility for the takeover of the collective labor agreement by the state governing body on labor at Article 19 of the digital decree 05 /2015/NĐ-CP to be specified as follows:

1. Set up the management of the collective labor agreement under the appendix issued by this message;

2. In the 15-day period, since the day of receiving the collective labor agreement, the state governing body of labour is responsible for sweeping the contents of the collective labor agreement, if the discovery has a law of the right of law or an unlawable signing. It ' s as follows:

a) For the unproductive collective labor agreement, the state governing body of labour has text sent to the parties to the collective bargaining agreement requiring the conduct of the revised negotiation, the addition of the collective labor agreement and to submit the agreement to the agreement. the collective labor has been negotiated by the parties, the amendment, the addition to the state governing body according to the regulation;

b) For the collective labor agreement that has come into effect, the state governing body of labour has a written request for the People's Court to declare an inefficient collective labor agreement, while sending the two parties to the conclusion of the collective labor agreement.

What? 6. Labor arbitration council

Labor arbitration council at Article 34 Digital Protocol 05 /2015/NĐ-CP to be specified as follows:

1. The chairman of the Council of Labor arbitration is the head of the state governing body of provincial labour. The chairman of the Labour arbiter has the mandate, the following powers:

a) The statute of the work of the arbitration council;

b) Specific assignment to members of the Board of Arbitration;

c) All activities of the Council of the Arbitration of the Arbitration;

d) Invited the agency, the relevant organization, who has experience in the field of labor relations that attend mediation sessions, resolve the labor dispute;

Signed, decided to resolve the labor council's labor dispute.

2. Secretary of the Council of Labor referees with a mandate, the following powers:

a) Plan a five-run Chairman of the Board of Arbitration Workers;

b) Perform the administrative work of the Council of Labor arbitration;

c) The conduct of the mediation session procedures, which settled the labor dispute and set the border at the reconciliation session, address the labour dispute of the Council of Labor arbitration;

d) Classification, archive of mediation records, resolve of labor disputes;

It is an act of reconciliation, the labor dispute resolution of the Council of Labor arbitration.

3. Members of the Board of Labour referees have a mandate, the following powers:

a) Perform the task of mediation of the collective labor dispute under the employment of the Council of the Arbitration;

b) Perform the manual work of the Chairman of the Board of Labor arbiters.

4. The arbitration council operates under the Rules of employment issued by the Chairman of the Board of Labor referees. The working law of the Council of Labor arbitration has the following primary content: the scope of adjustment; the work principle; the mandate, the powers of the president of the Labour arbitration Council, the secretary of the arbitration council, member of the Council of Arbitration. dynamo; work mode; work relations; administrative work and operational assurance resources.

5. The operating budget of the Council of Labor arbitration is guaranteed by the state budget under the regulation of the management of the current budget. The planning, management, and funding assurance of the Council of Labor arbitration practices by law on the state budget.

What? 7. Negotiation damages in the case of illegal strikes

The compensation negotiation damages in the case of illegal strikes at Clause 3 Article 36 Digital Protocol 05 /2015/NĐ-CP to be specified as follows:

1. The case of organizing union leadership does not agree with one of the key content in the text requesting compensation for the damages of the employer stipulated in Clause 2 Article 36 The number of regulations. 05 /2015/NĐ-CP then in the period of the year (05) the day of work, since the date of receiving the text required for the damages of the employer, the organization of the public strike union has the text requiring the employer to organize the negotiation;

2. During the period of three (03) days of work, since the receiving of the negotiation requirement, the employer of the exchange, united with the union organizing union leadership of the time, the venue, the component participation in the compensation negotiation session. damage;

3. The damages compensation session must be compiled, with the signature of the parties to the negotiation and of the editor, which must have the content that has been unified by the two sides (if any), differing opinions. The bargaining session is the legal basis that determines the rights and obligations of the stakeholders responsible for the implementation of the damages;

4. End of negotiation, where the two parties united the bargaining content then the two sides are responsible for carrying out the content that has reached an agreement; the case does not unify the negotiation content then one of the two parties has the right to request the court. The rules of the law.

What? 8. Effect and accountability

1. This message has been in effect since 15 September 2015.

2. Digital News 23 /2007/TT-BLTBXH October 23, 2007 of the Ministry of Labor-Trade and Social Affairs Guide to the organization and operation of the Board of the arbitration for the full effect since this date is effective.

3. In the course of the execution if there is an entangriation, recommend the agencies, units, individuals reflect on the Ministry of Labor-Trade and Society to be instructed to repleny./.

KT. MINISTER.
Chief.

(signed)

The Order of the Order