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Is it possible to have a dialogue about the implementation of regulations on salary, bonus, allowances for employees?
According to Article 64 of the 2019 Labor Code, the following provisions are stipulated:
Content of dialogue at the workplace
- Mandatory dialogue content according to the provisions of Point c, Clause 2, Article 63 of this Code.
- In addition to the contents specified in Clause 1 of this Article, the parties shall select one or several of the following contents to conduct dialogue:
- a) The production and business situation of the employer
- b) The implementation of the labor contract, collective labor agreement, labor regulations, regulations and other commitments and agreements at the workplace
- c) Working conditions
- d) Requests of employees and organizations representing employees to the employer
- e) Requests of the employer to employees and organizations representing employees
- e) Other contents that one or more parties are interested in.
In addition, pursuant to Point c, Clause 2, Article 63 of the 2019 Labor Code, it is stipulated that:
Organizing dialogue at the workplace
- Employers must organize dialogue at the workplace in the following cases:
- a) Periodically at least once a year
- b) When requested by one or more parties
- c) When there is a case specified in Point a, Clause 1, Article 36, Articles 42, 44, 93, 104, 118 and Clause 1, Article 128 of this Code.
Thus, when developing salary scales, salary tables, and bonus regulations, employers must organize dialogue at the workplace.
In addition, the parties may choose the content on the implementation of labor contracts, collective labor agreements, labor regulations, regulations and other commitments and agreements at the workplace to conduct dialogue.
Therefore, the parties have the right to dialogue on salary, bonus and allowance regulations for employees.
How are the rights and obligations of employees and employers regulated?
According to Article 5,6 of the 2019 Labor Code, it is stipulated as follows:
- Rights and obligations of employees
– Employees have the following rights:
+ To work; freely choose jobs, workplaces, occupations, learn a trade, improve professional qualifications; not be discriminated against, forced to work, sexually harassed at the workplace
+ To receive wages appropriate to qualifications and professional skills based on agreements with employers; to be protected by labor, to work in conditions that ensure safety and hygiene at work; to take leave according to the regime, take annual leave with pay and enjoy collective benefits
+ To establish, join and operate in organizations representing employees, professional organizations and other organizations in accordance with the provisions of law; request and participate in dialogue, implement democratic regulations, collective bargaining with the employer and be consulted at the workplace to protect their legitimate and legal rights and interests; participate in management according to the employer’s internal regulations;
+ Refuse to work if there is a clear risk that directly threatens their life and health during the performance of the job
+ Unilaterally terminate the labor contract
+ Strike
+ Other rights as prescribed by law.
– Employees have the following obligations:
+ Implement the labor contract, collective labor agreement and other legal agreements
+ Comply with labor discipline, labor regulations; comply with the management, operation and supervision of the employer
+ Implement the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.
- Rights and obligations of employers
– Employers have the following rights:
+ Recruit, arrange, manage, operate, supervise workers; reward and handle violations of labor discipline
+ Establish, join, operate in organizations representing employers, professional organizations and other organizations in accordance with the provisions of law
+ Request organizations representing employees to negotiate for the purpose of signing collective labor agreements; participate in resolving labor disputes and strikes; dialogue and exchange with organizations representing employees on issues in labor relations, improving the material and spiritual life of employees
+ Temporarily close the workplace
+ Other rights in accordance with the provisions of law.
– Employers have the following obligations:
+ Implement labor contracts, collective labor agreements and other legal agreements; respect the honor and dignity of workers
+ Establish a mechanism and conduct dialogue and exchange with workers and workers’ representative organizations; implement democratic regulations at the workplace
+ Provide training, retraining, and improvement of qualifications and vocational skills to maintain and change careers and jobs for workers