Article 69. Representative of collective bargaining at enterprises
1. The number of participants in collective bargaining of each party is agreed upon by the parties.
2. The composition of each party's participation in collective bargaining is decided by that party.
In case the employee has many representative organizations participating in collective bargaining as prescribed in Clause 2, Article 68 of this Code, the representative organization has the right to request negotiation to decide on the number of representatives for each organization participating in negotiation.
In case the employee has many representative organizations participating in collective bargaining as prescribed in Clause 3, Article 68 of this Code, the number of representatives of each organization shall be agreed upon by those organizations. In case of no agreement, each organization shall determine the number of representatives corresponding to the number of members of its organization out of the total number of members of the organizations.
3. Each collective bargaining party has the right to invite its superior representative to send a delegate as the negotiation representative and the other party cannot refuse. The collective bargaining representative of each party must not exceed the number prescribed in Clause 1 of this Article, unless agreed by the other party.
In addition, the case of unsuccessful collective bargaining is also clearly regulated in Article 71.
Article 71. Collective bargaining failed
1. Unsuccessful collective bargaining in one of the following cases:
a) A party refuses to negotiate or does not negotiate within the time limit prescribed in Clause 1, Article 70 of this Code;
b) The deadline prescribed in Clause 2, Article 70 of this Code has expired but the parties have not reached an agreement;
c) The deadline prescribed in Clause 2, Article 70 of this Code has not yet expired but the parties have determined and declared that the collective bargaining has not reached an agreement.
2. When negotiation fails, the negotiating parties will carry out labor dispute settlement procedures according to the provisions of this Code. While resolving labor disputes, workers' representative organizations are not allowed to organize strikes.
