The process of drafting collective labor agreements

Collective labor agreements is a document establishing the rights and obligations between the employer and employee. This document contributes to creating a sustainable working environment in businesses. Drafting the agreement requires compliance with strict procedures according to the law. Follow Long Phan’s article to understand this process and important notes.

What is a collective labor agreement?

According to Clause 1, Article 75 of the Labor Code 2019, a collective labor agreement is an agreement reached between employees and employers through collective bargaining and signed in writing by the parties.

Things to keep in mind when drafting a collective labor agreement

When drafting a collective labor agreement, it is necessary to pay attention to the following factors to ensure legality, effectiveness and meet the interests of both employees and employers:

1. Comply with legal regulations

• The collective labor agreement must comply with the provisions of the Labor Code and related legal documents.
• The content of the agreement must not be contrary to the law or reduce the rights of employees compared to the minimum provisions of the law.

2. Ensure the legality of the terms

• Each provision in the agreement must be drafted clearly and specifically to avoid misunderstandings or disputes during implementation.
• The terms must not infringe on the rights and interests of employees or make demands that exceed the employer’s powers.

3. Respect the opinions of employee representatives

• Collective labor agreements require the participation and agreement of employee representatives, usually unions.
• It is necessary to organize consultation with all employees before signing.

4. Main content of collective labor agreement

• The agreement usually includes contents such as working conditions, working hours, salary, benefits, social insurance, leave, occupational safety, and policies on training and skill improvement.
• The more detailed and specific the content, the more workers’ rights are protected.

5. Ensure practicality and feasibility

• The terms of the agreement must be feasible and not create an unreasonable burden for the employer.
• Commitments to benefits and working conditions should be built based on the financial status and capabilities of the business.

6. Term of collective labor agreement

• Collective labor agreements usually have a term of 1 to 3 years. At the end of the term, the agreement can be extended or renewed.
• It is necessary to pay attention to the time and process for re-signing or amending and supplementing the agreement when necessary.

7. Agreement registration and announcement process

• After signing, the collective labor agreement must be sent to the labor management agency for registration.
• The agreement also needs to be announced publicly so that all employees clearly understand the content and implementation.

8. Sanctions for violations

• In the agreement, sanctions for violations from both employees and employers should be clearly stipulated to ensure the binding nature of the agreement.
• Sanctions need to be consistent with current legal regulations and be an effective deterrent.

9. Adjust the collective labor agreement

• The Agreement may be adjusted during its validity period when there are changes in law, business conditions of the enterprise, or when there is an agreement between the two parties.
• The adjustment process needs to be carried out transparently and with the consensus of both employees and employers.

Drafting a collective labor agreement is a job that requires cooperation and mutual understanding between the parties, so the drafting must be carried out carefully and thoughtfully to create stable working conditions. and sustainable development for businesses.

Process of drafting collective labor agreements for businesses

Collective labor agreements are important documents that help regulate the rights and obligations of employees and employers in an enterprise. The process of developing this agreement needs to ensure full participation from all parties, comply with legal regulations and be carried out according to the following steps:

Step 1: Prepare a draft labor agreement

The preparation of a draft labor agreement is done through the process of negotiation and content negotiation with the employee representative organization.

Step 2: Organize comments on the draft

According to the provisions of Clause 2, Article 76 of the Labor Code 2019, the draft collective labor agreement negotiated by the parties must be consulted by all respondents.

Subjects specifically consulted are as follows:

• For enterprise collective labor agreements: All employees in the enterprise;
• For industry collective labor agreements: All members of the leadership boards of employee representative organizations at enterprises participate in negotiations;
• For collective labor agreements with many enterprises: All employees at the enterprises participating in the negotiation or all members of the leadership boards of the employee representative organizations at the enterprises participating in the negotiation quantity.

The opinion gathering process must ensure the principles of democracy, openness and transparency (Clause 3, Article 76 of the Labor Code 2019).

The time, place and method of collecting opinions are decided by the employee representative organization, but must not affect the production and business activities of the enterprise. Employers are not allowed to interfere or cause difficulties in this process.

Step 3: Sign the collective labor agreement

• For enterprise collective labor agreements: enterprise collective labor agreements can only be signed when more than 50% of the enterprise’s employees vote in favor.
• . For industry collective labor agreements: Only enterprises with more than 50% of the people voted in favor will participate in signing collective labor agreements with many enterprises.
• In case the collective labor agreement with many enterprises is conducted through the Collective Bargaining Council, it is signed by the Chairman of the Collective Bargaining Council and legal representatives of the negotiating parties.

Step 4: Submit the collective labor agreement

The collective labor agreement must be sent to each signing party and to the specialized labor agency under the Provincial People’s Committee within 10 days from the date the collective labor agreement is signed.

Authority to sign collective labor agreements

According to Article 76 of the Labor Code 2019, legal representatives of the negotiating parties have the authority to sign the agreement. For multi-enterprise agreements, the Chairman of the Negotiating Council and representatives of the parties will sign.

Consulting services and support for drafting effective collective labor agreements

In addition to understanding the implementation process, businesses need professional support from labor consulting units to effectively draft collective labor agreements. Long Phan provides comprehensive consulting services on Collective Labor Agreements, including:

• Consulting on the collective bargaining process and drafting a draft agreement.
• Review, evaluate and complete the agreement content according to legal regulations.
• Support the organization to collect employee opinions on the draft agreement.
• Consulting on procedures for signing and registering agreements with management agencies.
• Instructions for implementing, implementing and monitoring the agreement after signing.
• Consulting on resolving problems and disputes that arise during implementation.

The collective labor agreement is an important document, establishing a harmonious and stable labor relationship between employees and employers. If you need support in drafting a collective labor agreement, please contact Long Phan via hotline 0906735386 for detailed advice. Long Phan will support you throughout the drafting process and ensure compliance with regulations.