Consulting on procedures for implementing democracy at the grassroots for businesses

Article overview

Implementing democracy at the grassroots for businesses is a factor that helps enhance employee engagement and motivation, improving business performance by creating a fair and transparent working environment. Through the following article, Long Phan will advise businesses on information related to procedures for implementing democracy at the grassroots level.

Procedures for implementing democracy at the grassroots for businesses
Procedures for implementing democracy at the grassroots for businesses

Forms of information disclosure of enterprises

Forms of information disclosure by businesses are one of the manifestations of democratic practice. Accordingly, based on Clause 1, Article 65 of the Law on Implementation of Grassroots Democracy 2022, forms of information disclosure of State-owned enterprises include:

  • Posting information;
  • Announcement at employee conference; at the dialogue conference between the employer and the Trade Union Executive Committee at the enterprise, the representative board of other representative organizations of workers at the facility (if any); at meetings and briefings of units and divisions of the enterprise;
  • Notify in writing to all employees;
  • Through the person in charge of the units and departments of the enterprise to notify employees;
  • Notify in writing the Trade Union Executive Committee at the enterprise and the representative board of other representative organizations of workers at the grassroots (if any) to notify workers;
  • Notification through the internal information system or posting on the enterprise’s electronic information portal or website;
  • Through telecommunications networks, social networks operate legally in accordance with the law and with the agreement of the Trade Union Executive Committee at the enterprise and the representative boards of other representative organizations of workers at the grassroots level. (if any);
  • Other forms of information transmission do not violate the law and are specified in the enterprise’s democratic regulations.

In the case of implementing democracy at the grassroots for non-state enterprises, the form of democracy at the grassroots depends on the characteristics, nature of the organization, operations and actual conditions of the organization, they will have the right to choose. Choose to apply regulations on forms of implementing democracy in state-owned enterprises, or follow the general regulations in Chapter I of the Law on Implementation of Grassroots Democracy 2022 and specific regulations on implementing democracy at the facility or workplace in accordance with labor laws and other relevant laws.

Forms of implementing democracy for businesses
Forms of implementing democracy for businesses

Content of grassroots democracy regulations at enterprises

Grassroots democracy regulations at enterprises include the following contents:

  • Principles of dialogue at work
  • Number and participants in the dialogue
  • Number of times and time of annual dialogue
  • How to organize periodic dialogues, dialogues when requested by one party or case dialogues
  • Responsibilities of the parties when participating in dialogue
  • Form of disclosure of information
  • Other content

Procedures for promulgating regulations on grassroots democracy at the workplace

Pursuant to Article 48 of Decree 145/2020/ND-CP, the steps to promulgate democratic regulations at the workplace are:

Step 1: Enterprises develop, amend and supplement Grassroots Democracy Regulations at the workplace, ensuring the contents stated in the Contents of Grassroots Democracy Regulations section at the enterprise.

Step 2: Enterprises shall consult with the representative organization of workers at the facility (if any) and the representative dialogue group of workers (if any) to complete and promulgate.

For comments from the representative organization of workers at the grassroots level and the representative dialogue group of workers and enterprises, the reasons must be clearly stated.

Step 3: Enterprises publicly disseminate democratic regulations at the workplace to employees.

How to organize dialogue

Periodic dialogue

Pursuant to Clause 3, Clause 4 and Clause 5, Article 39 of Decree 145/2020/ND-CP, the method of organizing periodic dialogues is as follows:

  • Periodic dialogues are only conducted when the employer side has the participation of a legal representative or authorized person and the employee side has the participation of over 70% of the total number of representative members according to the provisions of Clause 3, Article 38 of this Decree.
  • At least 05 working days before the start date of the periodic dialogue, the parties are responsible for sending the dialogue content to the dialogue participants.
  • Dialogue developments must be recorded in minutes and signed by the legal representative of the employer or authorized person and the signature of the representative of each employee representative organization (if any) and of the representative of the employee dialogue representative group (if any).
  • No later than 03 working days from the end of the dialogue, the employer is responsible for publicly announcing the main contents of the dialogue at the workplace; The employee representative organization (if any), the employee dialogue representative group (if any) disseminates the main contents of the dialogue to employee members.

Dialogue when requested by one or more parties

Pursuant to Article 40 of Decree 145/2020/ND-CP, the organization method when requested by one or more parties is as follows:

  • Regarding organizational conditions:
  1. For the employer, the content of the dialogue request must be approved by the employer’s legal representative;
  2. For the employee side, the content of the dialogue request must be approved by at least 30% of the representative members of the employee side participating in the dialogue specified in Clause 3, Article 38 of this Decree.
  • No later than 05 working days after receiving the content of the dialogue request specified in Clause 1 of this Article, the party receiving the dialogue request must respond in writing, agreeing on the time and location of the dialogue phone. The employer and the employee dialogue representative are responsible for coordinating and organizing the dialogue.
  • Dialogue developments must be recorded in minutes and signed by representatives of the parties participating in the dialogue as prescribed in Clause 4, Article 39 of this Decree.
  • No later than 03 working days from the end of the dialogue, the employer is responsible for publicly announcing the main contents of the dialogue at the workplace; The employee representative organization (if any), the employee dialogue representative group (if any) disseminates the main contents of the dialogue to employee members.

Dialogue when there is an incident

Pursuant to Article 41 of Decree 145/2020/ND-CP, the way to organize a case is as follows:

  • In this case, the employer must consult and exchange opinions with the employee representative organization at the facility on the regulations for evaluating the level of work completion; dismissal of employees; labor use plan; salary scale, salary table and labor norms; Bonus regulations according to the provisions of the Labor Code are implemented as follows:
  1. The employer is responsible for sending the document with the content needing consultation and exchange of opinions to the representative members participating in the dialogue of the employee side;
  2. The representative members participating in the dialogue of the workers’ side are responsible for organizing the collection of opinions from the workers they represent and synthesizing them into documents from each representative organization of workers at the facility or representative group dialogue interface of employees to send to employers; In case the dialogue content is related to the rights and interests of female workers, it is necessary to ensure that they get their opinions;
  3. Based on the opinions of the employee representative organizations at the grassroots level, the representative dialogue group of employees and employers organizes dialogues to discuss, exchange opinions, consult, and share information about the content provided by the employer;
  4. Dialogue developments must be recorded in minutes and signed by representatives of the parties participating in the dialogue as prescribed in Clause 4, Article 39 of this Decree;
  5. No later than 03 working days from the end of the dialogue, the employer is responsible for publicly announcing the main contents of the dialogue at the workplace.
  • In case of temporary suspension of work of an employee, the employer and the representative organization of employees of which the employee is temporarily suspended from work can communicate in writing or through direct exchange.
How many forms of organizing dialogue are there?
How many forms of organizing dialogue are there?

Consulting services on procedures for implementing democracy at the grassroots for businesses

In order for the working environment at the enterprise to be cohesive, exchange between employees and employers is essential, and to do that, a mechanism to implement democracy at the grassroots is impossible indispensable. Understanding that, Long Phan provides comprehensive services on procedures for implementing democracy at the grassroots for businesses to support you, including:

  • Answering issues related to implementing democracy in businesses;
  • Support the development of a set of regulations to implement democracy in enterprises;
  • Consulting, supporting implementation and answering issues related to dialogue in each specific case;
  • Represent the business in working with stakeholders;
  • Support to resolve arising disputes.

During the process of implementing procedures for implementing democracy at the grassroots for businesses, if customers have questions or need advice and support, please contact Long Phan via Hotline: 0906735386.