A reader with email nhanvanx @ xxx asked: Shall my company consult the trade union when formulating the wage scale and wage table?  What happens if the company does not have a grassroots-level trade union?

Lawyer Pham Thi Minh Ngoc, YouMe Law Firm answered:

Pursuant to Clause 2, Article 93 of the 2012 Labor Code, when formulating the wage scale, wage table and labor norms, an employer shall consult the representative organization of the grassroots-level employees’ collective and publish this information at the workplace of the employees before implementation, and concurrently send them to the district-level state management agency of labor of the locality in which the employer’s production and business establishments are located. 

Article 188 of the 2012 Labor Code stipulates the role of trade unions as follows:

1. Grassroots level trade unions play the role of representing and protecting the rights and legitimate interests of trade union members and employees; participate in negotiating, signing and supervising the implementation of collective labor agreements, wage scales and wage tables, labor norms, wage payment regulations and bonus regulations, internal working regulations, democracy regulations in enterprises, agencies or organizations; participate in and assist the settlement of labor disputes; hold dialogues and cooperate with employers to build harmonious, stable and progressive industrial relations in enterprises, agencies or organizations.

2. Immediate higher-level trade unions shall assist grassroots-level trade unions in performing their functions and tasks specified in Clause 1 of this Article; and propagate, educate and improve understanding of employees on the labor law and trade union law.

3. At non-unionized workplaces, immediate higher-level trade unions shall perform the duties specified in Clause 1 of this Article.

4. Trade unions at a level shall work with state management agencies of the same level and the employers’ representative organization to discuss and deal with labor-related issues.

Therefore, when formulating the wage scale and wage table, salary scale and payroll, the company shall consult the representative organization of the grassroots-level employees’ collective. For places where grassroots-level trade unions have not yet been established, immediate higher-level trade unions shall perform the responsibilities specified in Clause 1, Article 188 of the 2012 Labor Code.

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The column was made with support from YouMe Law Firm.

From MINH NGOC (Labor Newspaper)