HOW TO DRAFT AND REGISTER COLLECTIVE LABOR AGREEMENTS (CLA)
Different from labor regulation, Labor Law 2019 does not require employees and enterprises must draft the CLA. Instead, Labor Law 2019 only requires that if the enterprise chooses to draft CLA, they need to follow the correct order and procedures for the CLA to take effect. In this article, Lac Duy & Associates will share some experiences and difficulties in the process of drafting, approving, and registering the CLA.
Firstly, CLA is often sketchy in both content and form. In fact, there are CLA that almost coping the regulations of the law. This reduces the value and significance of CLA and can lead to many difficulties in using CBA to resolve individual and/or collective labor disputes.
Secondly, Labor Law 2019 establishes the employer’s right to require internal representative organizations of employees to negotiate for the purpose of signing a CLA and not requiring the participation of the direct superior trade union. In fact, the human resources and administration department prepared, drafted, and then transferred to the trade union (according to Labour Law 2012) for comments and approval. The participation of the Trade Union (Labour Law 2012) and internal representative organizations of employees are also a formality. Therefore, the contents of CLA are not really associated with the employee’s wishes and actual aspirations.
Thirdly, the participation of labor law consulting agencies and/or State agency in drafting and passing CLA is still limited. This is raised for a number of reasons, maybe because the law does not require and even some employers do not have enough funding for legal advice on how to draft and review the content of CLA. Meanwhile, the department in charge of drafting and/or employee has little chance to touch with a collective labor dispute.
Finally, Labour Law 2019 and the guideline documents specified in detail for registering CLA. Accordingly, employers are obligated to send CLA to the local labor authority under the People’s Committee of the province where their head office is located within 10 days from the date the CLA is signed. If not following this procedure, the employer will be fined from 500,000 VND to 1,000,000 VND (Decree 28/2020 / ND-CP).
Above is some of the difficulties when drafting and registering CLA by self. If you have any questions related to CLA that need advice or support, readers can immediately contact Lac Duy & Associates for prompt answers and support.
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