A reader has email nhanvanx @ xxx would like to ask: My company is building a scale and, payroll. Does the company have to consult with a union? What happens if the company does not have a grassroots trade union?

Lawyer Pham Thi Minh Ngoc, YouMe Law Firm answers:

Clause 2, Article 93 of the 2012 Labor Code stipulates the construction of the wage scale and payroll as follows: When establishing the wage scale, payroll, labor norms, the employer must consult with the representative organization of the workers at the grassroots level and publicly announce at the workplace of the workers before doing so, and concurrently send to the labor management state agency at the district level where the production and business establishments of employers located.

Article 188 of  Labor Code2012 provides for the role of trade unions as follows:

1. The trade union at grassroots level serves to represent and protect the lawful and legitimate rights and interests of trade union members and workers; participate in negotiating, signing, and monitoring the implementation of collective bargaining agreements, wage scales and wage tables, work norms, wage payment regulations and bonus regulations, internal work regulations and regulations on democracy at the workplaces, agencies or organizations; participate in resolving labour disputes; conduct social dialogue and cooperation with employers to build harmonious, stable and progressive labour relations in the enterprise, agency or organization.

2. The immediate upper level trade union shall be responsible to assist the trade union at grassroots level to perform its functions and tasks in accordance with Clause 1 of this Article; and to advocate, educate and improve the workers’ understanding of labour law and trade union law.

3. In workplaces where the grassroots trade union has not been established, the immediate upper level trade union shall perform the tasks as stipulated in Clause 1 of this Article.

The grassroots trade union performs the role of representing and protecting the lawful and legitimate rights and interests of trade union members and employees; participate, negotiate, sign and supervise the implementation of collective labor agreements, wage scales, payroll, labor norms, salary payment, bonus, labor regulations, democratic regulations at enterprises, agencies and organizations; participate in and support the settlement of labor disputes; dialogue, cooperation with employers to build harmonious, stable and progressive labor relations at enterprises, agencies and organizations.

2. The immediate superior grassroots trade union shall support the grassroots trade union in performing the functions and tasks prescribed in Clause 1 of this Article; propagandize and improve the knowledge on labor laws and labor union laws for workers.

3. In places where grassroots-level trade unions have not yet been established, immediate upper-level trade unions shall perform the responsibilities specified in Clause 1 of this Article.

4. Trade unions at different levels shall work with the State management authority at the same level and with the employers’ representative organization to discuss and solve matters related to labour affairs.

Therefore, when building the wage scale and payroll, the company must consult the representative organization of the workers at the grassroots level. For those places where grassroots-level trade unions have not yet been established, immediate upper-level trade unions shall perform the responsibilities specified in Clause 1, Article 188 of theLabor Code 2012.

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