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The Labour Code 1994

Chapter V - collective labor agreement

Article 44

1. A collective labor agreement (hereinafter referred to as the collective agreement) is a written agreement between the labor collective and the employer about the working conditions and employment, rights and obligations of both parties in labor relations.

Collective agreement by representatives of labor collectives and employers who negotiated and signed in accordance with the principles of voluntariness, equality and openness.

2. The content of the collective agreement is not contrary to the provisions of the labor law and other laws.

The State shall encourage the conclusion of collective agreements with provisions more favorable to workers than the provisions of the labor law.

Article 45

1. Representing the collective bargaining agreement of both parties, including:

a) The collective labor union executive board basis or provisional trade union organizations;

b) The employer who is director of a business or person authorized under its charter business organization or authorized in writing by the director now.

Number of representatives in negotiating the collective agreement of the parties by mutual agreement, but must equally.

2. Representatives of the parties signing collective labor is Chairman Executive Committee of the local trade union or a person authorized in writing by the union executive committee. Representatives of the parties who signed the employer's enterprise director or a person authorized in writing by the director now.

3. The signing of the collective agreement shall be conducted only when there are more than 50% of the labor collective in the enterprise content approve the negotiated agreement.

Article 46

1. Each party shall have the right to request proposals and content signing collective agreements. Upon receiving the request, the requested party shall accept to negotiate and agree on a date to start negotiations no later than 20 days from the date of receipt of the request.

2. The main contents of the collective agreements include commitments on employment and job security; working time, rest time; salaries, bonuses, allowances; labor norms; occupational safety, occupational health and social insurance for employees.

Article 47

1. Collective agreements must be signed in 4 copies, including:

a) An employer by keeping;

b) A delegation from the Executive Committee of the facility;

c) A delegation from the executive committee of the trade union base sent superiors;

d) An employer by sending provincial labor authorities within 10 days from the date of signing to register.

The base enterprises in many provinces and cities under central authority, the registration of the collective agreement were conducted in provincial labor offices where corporate headquarters.

2. The collective agreement takes effect from the date of provincial labor offices registered. Within 15 days from the date of receipt of the collective agreement, the provincial labor authority must notify the registration. If expired without notification on the granted collective agreement takes effect.

Article 48

1. Collective agreements may be considered partially invalid when one or more of the terms of the agency agreement has not been approved by the provincial labor, other terms are registered still have effect.

2. The collective agreement in one of the following circumstances shall be considered null and void the whole:

a) The entire contents of the agreements is unlawful;

b) The signed agreement ultra vires;

c) Do not proceed according to the order signed;

d) not registered in the provincial labor offices.

3. The denunciation of the collective agreement being considered invalid in cases stipulated in paragraph 2 of this article, under the jurisdiction of provincial labor offices. For the collective agreements in the cases provided for in points b, c and d, Clause 2 of this Article, if the content is signed in favor of the workers, the provincial labor agency guidance to the parties rework the regulations, if they are not doing the provincial labor authority denounces it.

Article 49

1. When a collective agreement has been in effect, the employer must notify all workers in the enterprise. Everyone in the business, including working on the day after the signing are fully responsible for implementation of the collective agreement.

2. In the case of workers rights agreed in the labor contract is lower than the collective agreement, it must implement the relevant provision of the collective agreement. All the provisions of labor in the enterprise must be modified to suit the collective agreement.

3. When a party considers that the other party does not fully implement or violates the collective agreement, they may request the correct implementation of the agreement and the two sides should jointly consider and resolve; if not resolved, either party may request the Dispute Settlement of collective labor law by the order specified.

Article 50

Collective agreement was signed for a period from one year to three years. For the first time now signed collective agreement, you may sign with duration of less than one year.

After only three months of implementation, since the effective date of the collective agreement for less than a year and six months for the term of the collective agreement from one year to three years, the parties have the right to ask amending and supplementing agreements. The amendments and supplements shall be conducted according to the order as signed collective agreements.

Article 51

Before the expiration of the collective agreement, the two parties may negotiate to extend the term of the collective agreement or the signing of a new collective agreement. When the expired collective agreement that the two sides continue to negotiate, the collective agreement remains in effect. If more than three months from the date of expiration of the collective agreement that negotiations do not go to the results, the collective agreements expire naturally.

Article 52

1. Where the enterprise division, transfer of ownership, the management or the right to use the assets of the enterprise, then the employer shall be liable successive continue to implement the collective agreement until it expires or until signing a new collective agreement.

In merger cases, the implementation of collective agreements stipulated by the Government.

2. In case of collective agreements expire by enterprises terminate operation, the rights of workers to be settled in accordance with Article 66 of this Code.

Article 53

Employers who pay all the costs of negotiating, signing, registration, amendments and supplements, announced the collective agreement.

The labor collective representatives are employees paid by enterprises, are still being paid in time to participate in negotiating and signing collective agreements.

Article 54

The provisions of this Chapter shall apply to the negotiation and signing of the collective agreement sectors.



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