Joint circular No. 32/2007/TTLT-BLDTBXH-TLDLDVN of December 31, 2007, guiding organization and operation of employees conferences in the joint-stock companies, limited liability companies
MNISTRY OF LABOR – INVALIDS AND SOCIAL AFFAIRS – VIETNAM GENERAL CONFEDERATION OF LABOR
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, December 31, 2007
GUIDING ORGANIZATION AND OPERATION OF EMPLOYEES CONFERENCES IN THE JOINT-STOCK COMPANIES, LIMITED LIABILITY COMPANIES
Pursuant to the Regulation on the implementation of democracy in joint-stock companies, limited liability companies, issued together with Decree No.87/2007/ND-CP dated 28/5/2007 of the Government, Ministry of Labour - Invalids and Social Affairs and Vietnam General Confederation of Labour guide the organization and operation of the Meetings of employees in the joint-stock companies, limited liability companies, as follows:
I. GENERAL PROVISIONS
1. The scope and subjects of application
a. Scope of application: joint-stock companies, limited liability companies established and operating under the 2005 Enterprise Law (hereinafter referred to as company).
b. Subjects of application: the Boards of Management; Members’ Councils, Chairmen of the companies; General Directors, Directors of the Joint Stock companies, Limited Liability Companies (hereinafter referred to as company directors); Union Executive Committee or Provisional Union Executive Committee (hereinafter referred to as the Union Executive Committee of the company); employees in the Joint Stock companies, Limited Liability Companies.
c. To encourage the private enterprises, partnership to apply, to implement the provisions of this Joint Circular to hold the Conferences of employees, contributing to the sustainable development of enterprises.
2. Purpose for holding the Meetings of employees
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a. The holding of the Meetings of employees in the joint-stock companies, limited liability companies is to promote the direct democracy right of the employees; to facilitate the employee to be known, contributed opinions, made the decision and monitored issues related to rights, benefits, obligations and responsibilities of employees.
b. Through the implementation of direct democracy at the Meetings of employees, to build harmonious and stable labor relations contributing to prevention and limitation of labor disputes and to carry out democracy in the legal framework, building enterprises of sustainable development.
3. Principles of organization and operation of the Meetings of the employees.
a. The Meetings of the employees in the joint-stock companies, limited liability companies shall be held annually. In case of necessity, the Director or the Union Executive Committee may proposethe irregular Meetings of the employees.
b. The Meeting of the employees shall be recognized as valid when attended by over two thirds of delegates decided to convene by Director and the company Union Executive Committee.
c. Resolution of the Meeting of the employees is valid when there are more than 50% of the official delegates voted.
II. CONTENTS OF THE MEETING OF EMPLOYEES
1. The contents of the meetings of employees at levels of departments, workshops
Managers of departments and the Workshop manager; group leaders, team leaders of production group, team: report the results of the implementation of planned targets of the previous year and targets, production and business tasks assigned in the plan year of the unit.
Chairman of Trade Union of departments (the group leader of Trade Union): to report, evaluate the implementation of regimes and policies applicable to the employees within the department, committee, workshop, group, team of production and recommendations of the employees; present new draft or draft amending and supplementing collective labor agreement, the new draft or draft amending and supplementing internal rules and regulations of the company.
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The employees: to discuss solutions to complete and fulfill in access of the targets of production and business plans; propose the initiatives and recommendations to improve working conditions in the departments and divisions, workshops, production teams; raise proposals to company director and Union Executive Committee of company; discuss the new draft’s contents or draft amending and supplementing collective labor agreement, the new draft or draft amending and supplementing internal rules and regulations of the company.
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