In the developed market economy, followed by the rise of many businesses. This leads to the importance of the Collective Labor Agreement. This is an important legal basis to ensure the legitimate rights and interests of the parties in the labor relationship, in order to concretize the provisions of the law in accordance with the nature and characteristics of each enterprise. . Here, MVA would like to send you some information you need to know about the Collective Labor Agreement.

1. Concept of collective labor agreement:

According to Clause 1, Article 73 of the Labor Code 2012, the collective labor agreement is construed as follows:

“Article 73. Collective labor agreement

1. Collective labor agreement is a written agreement between the labor collective and the employer on the working conditions that the two parties have reached through collective bargaining.

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Also according to Clause 2 of this Article, Labor Agreements are divided into categories, including:

– Enterprise collective labor agreement;

– Industry collective labor agreement;

– Other collective labor agreements.

Sample :  COLLECTIVE LABOR AGREEMENT

2.Signing the Collective Labor Agreement:

Regarding the subject, according to Clause 1, Article 74 of the Labor Code 2012, the labor agreement is signed between the representative of the labor collective and the employer or the representative of the employer.

About the form:

– For the collective labor agreement, the enterprise is made into 05 copies.

– The sectoral collective bargaining agreement is made in 04 copies.

In addition, the Collective Labor Agreement can only be signed when the parties have reached an agreement at the collective bargaining meeting and:

Firstly,  there are more than 50% of the people of the labor collective voting in favor of the content of the collective bargaining that has been reached in the case of signing the enterprise collective labor agreement;

Second,  there are more than 50% of the representatives of the executive committee of the grassroots trade union or the superior trade union on the basis of voting in favor of the content of collective bargaining that has been reached in the case of signing the sectoral collective bargaining agreement;

Finally, for other forms of collective bargaining agreement, it is regulated by the Government.

Note:  When the collective labor agreement is signed, the employer must announce it to all his employees.

3. Effectiveness of the collective labor agreement:

According to Article 76 of the Labor Code 2012, the collective labor agreement takes effect from the date recorded by the parties in the agreement, in case the parties do not agree, the agreement takes effect from the date of signing .

Note:  The collective labor agreement must not be contrary to the law. In case the content of the agreement is contrary to the law, the agreement will be considered invalid. Depending on the specific case, the agreement is partially or completely invalidated. According to the provisions of Article 78 of the 2012 Labor Code, the cases in which the collective bargaining agreement may be invalidated:

Firstly,  the Collective Labor Agreement is partially invalidated when one or several contents of the agreement are illegal.

Second,  the collective labor agreement is completely invalid in one of the following cases:

– Contains all illegal content;

– The signatory is not authorized;

The signing is not in accordance with the collective bargaining process.

4. Term of collective labor agreement

– The collective labor agreement has a term from 1 year to 3 years; For enterprises that sign a collective labor agreement for the first time, the agreement is less than 1 year.

Within 03 months before the expiration of the collective labor agreement, the two parties may negotiate to extend the term of the collective labor agreement or sign a new collective labor agreement.

– When the collective labor agreement expires but the two parties still continue to negotiate, the old collective labor agreement will still be implemented for a period not exceeding 60 days.

5. Amending and supplementing the collective labor agreement

– In case of voluntary amendment or supplementation, the parties have the right to request the amendment and supplementation of the collective labor agreement within the time limit:

+ After 03 months of implementation, for collective labor agreements with a term of less than 01 year;

+ After 06 months of implementation, for a collective labor agreement with a term of between 01 and 03 years.

– In case of compulsory amendment and supplementation.

When the provisions of law change leading to the collective labor agreement no longer in accordance with the provisions of the law, the two parties must amend and supplement the collective labor agreement within 15 days from the date of registration. from the date of entry into force of the law.

– The amendment and supplementation of the collective labor agreement shall be carried out in the same way as the signing of the collective labor agreement.

6. Registration procedure

After 10 days from the date of signing, the employer or the representative of the employer shall send 01 copy of the collective labor agreement to the following agencies:

– Provincial-level state management agency in charge of labor in respect of enterprise collective labor agreements;

– Ministry of Labor, War Invalids and Social Affairs for sectoral collective agreements.

Legal basis:  Labor Code 2012.