The Decree 60/2013/nd-Cp: Detailing The Account 3 Things About Their Labor Law 63 Regulations At The Grassroots Democracy At Work

Original Language Title: Nghị định 60/2013/NĐ-CP: Quy định chi tiết khoản 3 Điều 63 của Bộ luật Lao động về thực hiện Quy chế dân chủ ở cơ sở tại nơi làm việc

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THE GOVERNMENT.
Numbers: 60 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 19, 2013

DECREE

The Regulation 3 article 63 of the Labor Code on

to implement the Democratic Regulation at the workplace.

____________________

Government Law Base December 25, 2001;

The Labor Code base on June 18, 2012;

At the suggestion of the Minister of Labor-Trade and Social Affairs,

The government issued a decree regulating Section 63 of the Labor Code on the implementation of a democracy in the workplace.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree provides for the content of democratic rule in the facility and the form of democratic implementation at the workplace in businesses, organizations, coopercooperes, households, hired individuals, employers working under the labor contract (the following are collectively called). business).

What? 2. Subject applies

1. The worker pursues regulation at paragraph 1 Article 3 of the Labor Code.

2. The employer pursues regulation at paragraph 2 Article 3 of the Labor Code.

3. Organization of collective labour at the facility by regulation at Clause 4 Article 3 of the Labor Code.

4. The agencies, organizations, individuals are involved in the implementation of the democratic process at the basis of the prescribed work at this Decree.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. The democratic statute at the base at the workplace is the regulation of the right and responsibility of the worker, the employer, the organization of labor collective representation with the known worker content content, which is consulted, which is decided, to be controlled. The surveillance, surveillance, and the form of democracy at the facility at work.

2. Dialogue at the workplace is the direct exchange between employers with workers or labor collective representatives with employers in order to share information, enhance understanding between employers and workers, as well as employers and employees of the labor force. to ensure the implementation of the democratic process at the workplace.

3. The Labor Conference is the organized meeting chaired by the employer of the annual organization which has the participation of the worker and the organization of the labor collective representation at the facility to exchange information and to implement democratic rights for the labourers. Oh,

What? 4. Principles of implementation of the grassroots democracy at work

1. The employer must respect, secure the democratic rights of the workers at work; democratic rights are implemented within the framework of the law through the democratic rule of the business.

2. The business must build and implement public, transparency of democratic rule in the workplace at work to ensure the legal rights and interests of the workers, employers and the State.

What? 5. These behaviors prohibit when performing democracy at work.

1. Make the provisions of the law.

2. Invasion of national security, social security order, breach of the interests of the State.

3. Invasion of the legal rights and interests of employers and workers.

4. Tramping, discrimination against the participant of the dialogue, the complaint, denounce.

Chapter II

THE DEMOCRATIC PROCESS OF REGULATION AT THE WORKPLACE.

What? 6. The employer content must be publicly available

1. The production plan, business and the situation that implement the production plan, business of the business, departments, departments, workshops, nests, production teams.

2. Contacts, regulations, regulations of the business, including: labor cabinet; recruitment, employment, labor, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll, payroll; Equipment, safety of labor, sanitation, environmental protection, fire prevention, business secrecy, technological secrecy; competition, reward, discipline.

3. The situation of implementing regimes, hiring policies, labor use, job subsidies, job losses, training, retraining, professional fostering, career jobs, salaries, salaries, salaries, salaries, social insurance, social insurance, insurance, insurance, insurance. unemployment and health insurance for workers.

4. Corporate collective labor agreement, industry collective labor agreement, other collective labor agreement form (if any).

5. Exposition and use of the reward fund, the welfare fund, the funds contributed by the workers.

6. Quote corporate funding, social insurance, health insurance, unemployment insurance.

7. The annual financial justice of the business on the content associated with the worker.

8. The operating charter of the business and other content under the rule of law.

What? 7. The employer is involved in the opinion

1. Build or amend, add the internal, statute, regulation that must be public at the business.

2. Cost savings solutions, increased labor productivity, labor safety, labor hygiene, environmental protection and fire prevention.

3. Build or modify, add enterprise collective labor agreement, industry collective labor agreement, other collective labor agreement form (if any).

4. Labor conference resolution.

5. Process, procedure for dealing with labor disputes, processing of labor discipline and physical responsibility.

6. The other content relates to the rights and obligations of the labourers under the rule of law.

What? 8. The worker content decides

1. The contract of labor contracts, the implementation of labor contracts, amendments, additions, termination of the labor contract by the rule of law.

2. Content collective bargaining agreement, the collective labor agreement, the form of another collective labor agreement (if any).

3. Through the labor conference resolution.

4. Join or do not join the union organization, career organization and other organizations according to the rule of law.

5. Join or not join the strike strike.

6. Other content under the rule of law.

What? 9. The employer examines, monitoring.

1. Make a production plan, business of business, room, ban, workshop, nest, production team.

2. Implemenation of labor contracts and regimes, policy towards workers under the rule of law.

3. execute the rules, regulations, regulations that must be public to the business.

4. Make an enterprise collective labor agreement, the industry collective labor agreement, the form of another collective labor agreement (if any); the implementation of the labour conference resolution, the resolution of the conference of the grassroots union.

5. Exposition and use of a reward fund, welfare fund, labor-funded funds; citing corporate funding, social insurance, health insurance, unemployment insurance.

6. Situation, commendation, discipline; complaint, denounce, and results of the resolution of the complaint, denounce; the conclusion of the inspector, audit, and implementation of the petitions of the inspector, the auditor relating to the rights and benefits of the worker.

7. Make business charter and other content under the rule of law.

8. Do the contents of the democratic rule stipulated at this decree.

Chapter III

THE FORM OF DEMOCRACY IN THE WORKPLACE

Item 1

WORK AT WORK

What? 10. Responsibility for organizing periodic dialogue at work

1. The periodic dialogue at the workplace is chaired by the employer, in collaboration with the labor collective representation organization at the facility performing every 3 months to the exchange, discussing the regulatory content at Article 64 of the Labor Code; the gap between the two countries. two times the maximum adjoining periodic dialogue is no more than 90 days. When the time case is held to coincide with the time that the labour conference is held at Clause 2 Article 14 of this Decree, the business is not a periodic dialogue.

2. The employer is responsible:

a) The statute of periodic dialogue at the workplace after consultation with the organization of collective labour at the facility and disseminable public to each of the workers in the business to perform;

b) The location, time, and other necessary physical conditions warrants the dialogue;

c) Send members representing the side of the employer to join the dialogue;

d) A periodic dialogue in the workplace.

3. The organization that represents the labor collective at the responsible facility:

a) Participation of the opinion on the periodic dialogue statute at the workplace at the request of the employer;

b) The organization of members representing the body of the labor collective joined the dialogue at the worker's conference;

c) Coordination with the employer who organizes the implementation of periodic dialogue at work.

What? 11. The number, composition, membership criterion participation in periodic dialogue at the workplace.

1. Each party to the dialogue determines the number of its representative members to participate in the dialogue, the number of members representing each party must have at least 3 persons.

2. Part of the dialogue participant:

a) The employer or the person who is employed by the employer and the members representing the side of the employer by the employer;

b) The institution of the grassroots union or representative of the board of the subordinate union directly on the basis of the establishment of the base union and members representing the worker's collective party due to the election of the labourers;

3. Standard membership participation in periodic dialogue in the regulation of periodic dialogue at the business site of the business.

What? 12. The periodic dialogue process at work

1. Preparation of content, time, location and component engagement:

a) After 60 days from the date of the end of the next dialogue, the employer and the Chairman of the base union or the representative of the Executive Committee on the basis of the facility directly located in the establishment of the content aggregation facility and sending the content. request dialogue for the side of the dialogue;

b) During the 5-day period of work since the date of receiving the content required for dialogue, employer and chairman of the base union or the representative of the Board of Public Subordination directly on the basis of the establishment of the uniformed base union. the time, the time, the location, the composition of the periodic dialogue at work;

c) In the 3-day period since the second day the unified party content, time, location, component dialogue participation in the workplace, the employer makes decisions by the text of the periodic dialogue in the workplace. The decision to hold a periodic dialogue at work must be sent to the Chairman of the grassroots union or representative of the Executive Committee on a direct basis in the establishment of the facility and the members participating in at least five days of employment. job before the day of the dialogue.

d) The employer and the Chairman of the base union or the representative of the Executive Committee on a direct basis on the basis of the establishment of a division of members participating in the dialogue of each party prepared content, figures, documents, etc. related to the dialogue.

2. Dialogue organization:

a) The periodic dialogue at the workplace is held at the site and time has united. Where the employer changes the location, the dialogue time must be notified to the Chairman of the facility or representative of the Board of the Executive Committee directly on the basis of the establishment of the facility and the group members of the dialogue group. periodically at work known for at least 1 day of work before the date of the dialogue organization in the decision to host periodic dialogue at work;

b) The periodic dialogue at work is conducted only with the presence of at least two-thirds of the members representing each side. Where the dialogue is not enough for two-thirds of the members representing each party, the employer decides to postpone the dialogue at the time then but the maximum delay time is not over 3 working days since the date of the meeting of the postponed dialogue;

c) In the course of the dialogue, participants are responsible for providing information, metrics, materials, exchanges, democratic discussion of dialogue content.

3. End of dialogue:

a) The employer and the Chairman of the base union or the representative of the Executive Committee on a direct basis on the basis of the establishment of the basis of the basis of the dialogue. The dialogue of dialogue notes the unified content and organizational measures; the ununiformable content and the timing of dialogue with ununiformable content or each party conducts the resolve of the labor dispute. according to the law of labor law. The representative of the two signalers, which marks the confirmation of the compiled content. The periodic conversation boundary at work is set up in 3 copies and has the same value, each side to the dialogue holding a copy and a circulation at the business;

b) The employer is responsible for publicly listing the periodic dialogue at work at the business, departments, departments, workshops, nests, production teams, and posts on the radio system, internal information, or electronic information pages. of the business.

What? 13. Dialogue when a party has a request

1. The case of a party that requires the organization to hold dialogue then in the 10-day period of work since the date of receiving the content required for dialogue, the employer has the responsibility of presiding over coordination with the labor collective representation at the organizational basis. -No.

2. The number, component to the dialogue and responsibility of the parties in the dialogue organization is performed similarly to periodic dialogue at the workplace.

Item 2

LABOR CONFERENCE

What? 14. Labor conference organization

1. Enterprises from 10 workers turned up to hold a labor conference.

2. The Labour Conference is held every 12 months.

3. The labor conference is held in a form of plenum for the business of under 100 workers, in the form of a delegate conference for the business of 100 or more workers.

What? 15. Responsible for the labor conference

1. The employer is responsible for the construction of the organization of the labour conference, the location, time, time, the necessary material conditions and the organization of the labor conference. The statute of the labour organization was enacted after consultation of the collective labour representative organization at the facility and must be publicly available to the worker in the business.

2. The organization of the collective labour at the facility is responsible for coordinating with the employer involved in the construction and implementation of the process of organising the workers ' conference.

What? 16. Labor conference component

1. The composition of the holdup conference includes the entire worker in the business. Where the worker cannot leave the production position, the employer and the organization represents the worker's collective at the base of the agreement to participate in the conference.

2. The composition of the delegate conference includes:

a) The incumbent delegation includes members of the Board of Directors or Board members or the Chairman of the Company, Head of Control or Control Officer; General Manager, Director, Deputy Director General, Deputy Director, Chief Accounting Officer, Board of Directors, Board of Directors. or the representative of the Executive Committee on a direct basis at the site of no grassroots union, the head of the political organization, the political-social organization in the business (if any);

b) The delegates are among the people who are elected by the workers ' conference, the department, the workshop, the nest, the production team by regulation.

What? 17. The delegate to the delegate conference

1. The minimum number of elected delegates is as follows:

a) For the business of 100 workers, at least 50 delegates;

b) For the business of 101 to less than 1000 workers, in addition to the initial number of voting delegates at the Point of One Article 1 This, every 100 workers elect at least five delegates;

c) For the business of 1,000 workers, the vote is at least 100 delegates;

d) For the business of 1001 to under 5000 labour, in addition to the initial number of voting delegates at the point of Article 1 This Article, every 1000 workers elect at least 20 delegates;

For the business of 5,000 or more labor, at least 200 delegates.

2. The employer and organizer of the worker ' s collective representation at the unified facility, which decides the number, the elected delegate structure to the delegate conference and the allocation of numbers, the elected delegate structure corresponding to the number and labor structure of the country. Room, balcony, workshop, nest, production team.

3. The Electoral College must be reached over 50% of the total number of valid votes; the case of births in the electoral process is stipulated as follows:

a) The case for many people to reach over 50% of the total number of valid votes is taken in order from the highest number of votes to come down until the number of delegates is allocated;

b) The first ballot case of the number of people in the electorate is not enough for the number of delegates to be allocated, and the next election continues until there is sufficient representation;

c) The multi-person case holds more than 50% of the total number of valid votes and has the same number of votes that exceed the allocated number of delegates, the election organization for those with the same number of votes to get the higher number of votes until the sum of the delegates. It ' s distributed.

What? 18. Labor conference content.

1. The workers ' conference discussed the following content:

a) The execution of the production plan, the business of the business and the direct content associated with the employment of the workers, the interests of the business;

b) The test results, the monitoring of the labor contract implementation, the collective labor agreement, the interrules, the regulations, the rules of the business;

c) The situation of complaint, denouncing and addressing complaints, denouncing;

d) working conditions and measures to improve work conditions;

Recommendations, suggestions of each side;

e) Other content that the two sides care about.

2. The elected member for the labor collective participating in periodic dialogue.

3. Through the labor conference resolution.

What? 19. The process of hosting the Labour Conference

1. Presidential election and conference secretary.

2. The report of the delegate to the conference.

3. The employer ' s report

4. The report of the collective labor collective representation at the facility.

5. References.

6. The elected member for the labor collective participating in periodic dialogue.

7. Resolution through the labor conference resolution.

What? 20. Popular, deployment, monitoring of the execution of the labor conference resolution

1. The employer is responsible for presiding, in coordination with the labor collective representation organization at a common basis that results in the employment of workers to the whole worker and the organization implementing the labor conference resolution in the business.

2. The organization of labor collective labour at the facility is responsible for coordination with the common employer resulting in the labor conference results to the entire employer in the business; the organization checks, the situation monitoring the implementation of the conference resolution. People in the business.

3. The delegate to the Labour conference was in charge of disseminable outcomes and the resolution of the workers ' conference to the workers who did not attend the labor conference in departments, workshops, nests, production teams where elected to represent. I'm sorry, Congressman.

Section 3

OTHER FORMS OF DEMOCRACY

What? 21. Other forms of democracy

1. Provide and exchange information at key leadership meetings or at meetings from the nest, team to the entire business or at specialized meetings of the departments, boards, workshops, nests, production teams.

2. The public is publicly available at the business.

3. Provide information through the radio system, internal information, internet or written information, book publications, newspapers, departments, departments, workshops, nests, production teams.

4. A letter of opinion.

5. The organization takes on the direct opinion of workers, due to employers, political organizations, political organizations-the social organization in the business.

6. Self-determination in writing.

7. Resolution at meetings, conference in business.

8. The petition, the complaint, denounce the rule of law.

What? 22. Apply other forms of democracy execution at the business.

Employers, labourers, labor collective representation at the base of the base each subject to the regulation of democracy in Chapter II this decree and the actual conditions of the enterprise choose the form of democratic implementation of regulation at Article 21. The protocol is appropriate.

Chapter IV

EXECUTION CLAUSE

What? 23.

This decree has been in effect since 15 August 2013.

Number Protocol 07 /1999/NĐ-CP February 13, 1999, of the Government enacted democratic implementation of democracy in state enterprise, the United States Census Protocol. 87 /2007/NĐ-CP On 28 May 2007, the government enacted a democracy implementation in the holding company, LLC, and its previous provisions against the United States, which expires, since the date of the decree is valid.

What? 24.

The Minister, the Prime Minister, the Head of the Government of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, and the applicable subjects of the Decree are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung