What is the penalty for refusing collective negotiations?

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Attorney Nguyen Thu Thủy, YouMe Law Firm replies:

Clause 3, Article 16, Chapter II, Decree No. 12/2022/NĐ-CP regulates the handling of administrative violations in the field of labor, social insurance, and Vietnamese workers working abroad under contract, which stipulates the handling of violations of regulations on collective bargaining, collective labor agreements as follows:

3. Fines from 10,000,000 VND to 15,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Refusing to engage in collective bargaining when receiving a request from the requesting party;

b) Implementing the content of a collective labor agreement that has been declared invalid;

c) Creating difficulties, hindering, or interfering with the process of organizing the representative of workers to discuss and gather opinions from workers.

Clause 1, Article 6, Decree No. 12/2022/NĐ-CP regulates the handling of administrative violations in the field of labor, social insurance, and Vietnamese workers working abroad under contract, which stipulates the handling of fines, the authority to impose fines, and the principles of applying fines for repeated administrative violations as follows:

1. The fine levels specified for the acts of violating the regulations in Chapter II, Chapter III, and Chapter IV of this Decree are the fines for individuals, except for the cases specified in Clause 1, 2, 3, 5 of Article 7; Clause 3, 4, 6 of Article 13; Clause 2 of Article 25; Clause 1 of Article 26; Clause 1, 5, 6, 7 of Article 27; Clause 8 of Article 39; Clause 5 of Article 41; Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of Article 42; Clause 1, 2, 3, 4, 5, 6, 7, 8 of Article 43; Clause 1, 2, 3, 4, 5, 6 of Article 45; Clause 3 of Article 46 of this Decree. The fine for organizations is twice the fine for individuals.

Thus, the company may be fined from 20,000,000 VND to 30,000,000 VND for refusing collective bargaining when receiving a request from the requesting party, according to the above regulations.

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