Regulations on the implementation of collective labor agreements at enterprises

Do businesses have to announce the collective labor agreement to all employees? If the collective labor agreement is not announced, will there be any penalties?

1. How is the implementation of collective labor agreements at enterprises regulated?

According to Article 79 of the 2019 Labor Code, the provisions on the implementation of collective labor agreements at enterprises are as follows:

(1) Employers, employees, including employees who come to work after the date of agreement The collective labor agreement is in effect and has the obligation to fully implement the collective labor agreement in effect.

(2) In case the rights, obligations and benefits of the parties in the labor contract entered into before the effective date of the collective labor agreement are lower than the corresponding provisions of the collective labor agreement, the collective labor agreement must be implemented. The employer’s regulations that are not consistent with the collective labor agreement must be amended accordingly; During the unamended period, the corresponding content of the collective labor agreement will be implemented.

(3) When one party believes that the other party has not fully implemented or violated the collective labor agreement, it has the right to request the correct implementation of the collective labor agreement and the responsible parties shall jointly consider and resolve it; If it cannot be resolved, each party has the right to request resolution of the collective labor dispute according to the provisions of law.

Accordingly, employees who come to work after the effective date of the collective labor agreement are still obliged to fully implement the collective labor agreement in effect.

2. Effect of collective labor agreement

Pursuant to Article 78 of the 2019 Labor Code, which stipulates the validity and duration of collective labor agreements specifically as follows:

(1) The effective date of the collective labor agreement is agreed upon by the parties and recorded in the agreement. In case the parties do not agree on an effective date, the collective labor agreement will take effect from the date of signing.

– The collective labor agreement after taking effect must be respected and implemented by the parties.

(2) The enterprise collective labor agreement is effective and applies to the employer and all employees of the enterprise. career. Industry collective labor agreements and multi-enterprise collective labor agreements are valid and applicable to all employers and employees of enterprises participating in the collective labor agreement.

(3) Collective labor agreements have a term from 01 year to 03 years. The specific time limit is agreed upon by the parties and stated in the collective labor agreement. The parties have the right to agree on different terms for the contents of the collective labor agreement.

3. Does an enterprise have to announce the collective labor agreement to all employees?

According to Clause 6, Article 76 of the 2019 Labor Code, which regulates the collection of opinions and signing of the collective labor agreement, accordingly, after the collective labor agreement is signed, the employer is obliged to announce it to its employees.

4. If an enterprise does not disclose the collective labor agreement to employees, will there be any penalties?

Pursuant to Clause 1, Article 16 of Decree 12/2022/ND-CP stipulating sanctions for violations of regulations on collective bargaining and collective labor agreements as follows:

Fine from 1,000,000 VND to 3,000,000 VND for the employer who commits one of the following acts:

– Failure to send the collective labor agreement to the specialized labor agency under the Provincial People’s Committee where the head office is located according to regulations;

– Do not pay costs for negotiations; signed; amendments and supplements; send; announcing the collective labor agreement;

– Providing information not on time as prescribed or providing false information about: the situation of production and business activities; Other content directly related to the content of negotiation according to regulations when requested by employee representatives to conduct collective bargaining;

– Do not announce the signed collective labor agreement to employees.

Note: according to Clause 1, Article 6 of Decree 12/2022/ND-CP, The fines specified above are fines for individuals. The fine for organizations is 2 times the fine for individuals.

Thus, according to the above regulations, if an enterprise does not announce the signed collective labor agreement to employees, it may be subject to administrative sanctions with a fine of 2 – 6 million VND (fine for organizations).