What form of collective bargaining is proposed?

Lawyer Nguyen Thi Hoai Anh, YouMe Law Firm LLC replied:

Article 44, Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations stipulates the content and form of employees' participation in giving opinions as follows:

1. Employees are allowed to give opinions on the following contents:

a) Develop, amend and supplement internal regulations, rules and other documents of the employer related to the rights, obligations and interests of employees;

b) Develop, amend and supplement salary scales, payrolls and labor norms; propose collective bargaining contents;

c) Propose and implement solutions to save costs, increase labor productivity, improve working conditions, protect the environment, and prevent fires and explosions;

d) Other contents related to the rights, obligations and interests of employees as prescribed by law.

2. The contents specified in Clause 1 of this Article for which the law specifically stipulates the form of employee participation in giving opinions shall be implemented in accordance with such provisions; in cases where the law does not specifically stipulate the form, employees shall base on the characteristics of production, business, labor organization, the content of employee participation in giving opinions and the grassroots democracy regulations at the workplace to choose the following form:

a) Participate in giving opinions directly or through the organization representing employees at the facility, the employee dialogue representative group at the employee conference, and dialogue at the workplace;

b) Send comments and suggestions directly;

c) Other forms not prohibited by law.

Thus, employees have the right to participate in giving opinions and proposing collective bargaining contents through the above forms.