Collective labor agreement - Things to consider

HO CHI MINH 229
 
The collective labor agreement, in addition to the employment contract, is also one of the important documents, which record the agreement between the employer and worker’s representative organizations. Although the content of the agreement is voluntarily negotiated, it must contravene applicable laws and regulations and not be detrimental to the employees.

Requirements on conditions and content of an effective collective labor agreement
 
According to Clause 4, Article 76 of the Labor Code 2019, the collective labor agreement shall be signed by the negotiating parties, which is between grassroots trade union – representing the workers and employer's representatives as regulated by law, head of company, organization or cooperative, or individual employer under the employment contract that is authorized to sign the agreement.
 
The collective labor agreement must comply with applicable laws and regulations
The collective labor agreement must comply with applicable laws and regulations. (Photo: Internet)
 
According to Article 75 of the Labor Code 2019, the collective labor agreement is reached through a collective bargaining and concluded in writing by parties. The content of this agreement must not contravene applicable laws and regulations and should be pro-employee.

Duration of the collective labor agreement
 
According to the provisions of Article 78 of the Labor Code 2019, the collective labor agreement is effective for a specified duration, which is negotiated, agreed upon, and clearly stated by parties, ranging from 1 to 3 years. Both parties have the right to negotiate different duration for each item in this agreement.
 
The duration of the collective labor agreement may vary from 1 to 3 years, depending on the negotiation.
The duration of the collective labor agreement may vary from 1 to 3 years, depending on the negotiation. (Photo: Internet)

Cases of invalid collective labor agreement
 
Partially invalid collective labor agreement: According to the provisions of Clause 1, Article 86 of the Labor Code 2019, the collective labor agreement shall be partially invalid if one of its item is contrary to the law.
Wholly invalid labor agreement: According to the provisions of Clause 1, Article 86 of the Labor Code 2019, the collective labor agreement shall be wholly invalid under the 3 following cases:
  • The entire content is contrary to the law.
  • The agreement is signed by an unauthorized signatory.
  • The compliance of negotiation and signing procedures is not maintained.

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