Issue 021225 - Workplace Dialogue Organization

Dear Valued Clients,

Workplace dialogue is one of the key mechanisms for strengthening the connection between employees and employers, thereby fostering a fair, efficient, and sustainable working environment. Properly conducted dialogue not only helps resolve internal issues but also enhances understanding and cooperation between the parties.

This legal article focuses on analyzing the core obligations that employers must comply with when organizing both periodic dialogues and dialogues upon request, while also highlighting the essential points that enterprises should review to ensure their dialogue procedures align with legal requirements. Establishing an effective dialogue framework not only minimizes legal risks but also contributes to building a harmonious, stable, and sustainable labor relationship.

1. Definition of workplace dialogue

According to Article 63.1 of the 2019 Labor Code, workplace dialogue refers to the sharing of information, consultation, discussion, and exchange of opinions between employers and employees or employees’ representative organizations on matters related to the rights, interests, and concerns of the parties at the workplace, with the aim of fostering mutual understanding, cooperation, and joint efforts toward solutions that benefit all parties.

It can therefore be seen that the deeper purpose of this mechanism goes beyond merely “exercising rights.” It is intended to establish sustainable understanding and cooperation between the two central actors in the labor relationship, thereby reducing conflicts, preventing disputes, and creating a foundation for a stable and progressive labor environment.

Workplace dialogue serves as a bridge between grassroots democracy and modern corporate governance, reflecting the principles of “collaboration, transparency, and information sharing,” which are regarded as core elements of sustainable human resources governance in the era of integration.

2. Circumstances requiring workplace dialogue

Under Article 63.2 of the 2019 Labor Code, employers are required to conduct workplace dialogue in the following circumstances:

Periodically, at least once a year;
Upon request from one or both parties;
When issues arise relating to the following matters: Employees frequently failing to meet job performance requirements under the employer’s internal performance-evaluation criteria[1]; Restructuring, technological changes, or economic reasons[2]; Labor utilization plans[3]; Development of wage scales, payrolls, and labor norms[4]; Bonus[5]; Internal labor regulations[6]; Suspension of an employee’s work in cases where the alleged violation has complicated circumstances and allowing the employee to continue working may hinder the investigation[7].

In addition to the above mandatory circumstances, the 2019 Labor Code also encourages employers and employees, or employees’ representative organizations, to conduct other forms of dialogue beyond those expressly stipulated in the legislation.

3. Responsibilities for organizing workplace dialogue

Employers are responsible for coordinating with the employees’ representative organization at the establishment (if any) to organize workplace dialogue in accordance with the circumstances specified in Section 2 above.

Under Article 37 of Decree No. 145/2020/NĐ-CP dated 14 December 2020 of the Government, which provides detailed regulations and guidance on the implementation of several provisions of the Labor Code regarding working conditions and labor relations (“Decree 145”), where there are employees who are not members of the employees’ representative organization at the establishment, the employer must collaborate with such representative organization (if any) to guide, support, and facilitate these employees in selecting their own representatives (hereinafter referred to as the employees’ dialogue representation group) to participate in dialogue with the employer as required under Section 2 above.

Where the employer promulgates internal regulations on grassroots democracy at the workplace, the employer is responsible for detailing in such regulations the following key elements to ensure workplace dialogue is conducted in accordance with Article 63.2 of the 2019 Labor Code:

Principles of workplace dialogue;
Number and composition of dialogue participants from each side, as prescribed;
Frequency and annual schedule of periodic dialogues;
Methods for organizing periodic dialogue, dialogue upon request, and dialogue in relation to specific incidents;
Responsibilities of each party when participating in dialogue;
Application of regulations to employee representatives who participate in dialogue but are not part of the leadership of the employees’ representative organization at the establishment;
Other relevant matters (if any).

In addition to the responsibilities listed above, employers must also:

Appoint employer representatives to participate in workplace dialogue as required;
Arrange appropriate venues, timing, and other necessary physical conditions for conducting dialogue sessions;
Report on the implementation of workplace dialogue and grassroots democracy regulations to the state labor authority upon request.

4. Mandatory dialogue topics at the workplace

Mandatory workplace dialogue must cover the following topics[8]:

Employees who frequently fail to meet job performance requirements under the employer’s internal performance-evaluation criteria.
Restructuring, technological changes, or economic reasons.
Labor utilization plans.
Formulation of wage scales, payrolls, and labor norms.
Bonus regulations
Internal labor regulations.
Suspension of employees from work in cases where the violation involves complicated circumstances and allowing the employee to continue working may hinder the investigation.

In addition to the mandatory topics listed above, the parties may select one or several of the following topics for dialogue[9]:

The employer’s business and production situation;
Implementation of labor contracts, collective bargaining agreements, internal labor regulations, rules, commitments, and other agreements at the workplace;
Working conditions;
Requests made by employees or employees’ representative organizations to the employer;
Requests made by the employer to employees or employees’ representative organizations;
Any other matters of interest to one or both parties.

5. Number and composition of dialogue participants

According to Article 38 of Decree 145, the number and composition of participants in workplace dialogue are prescribed as follows:

Employer

Employee

Based on production and business conditions and the organization of labor, the employer shall determine the number and composition of its representatives participating in the dialogue, ensuring at least three persons, including the employer’s legal representative, in accordance with the regulations on grassroots democracy at the workplace.

– Based on production and business conditions, labor organization, workforce structure and size, and gender equality considerations, the employees’ representative organization at the establishment and the employees’ dialogue representation group shall determine the number and composition of employee representatives participating in workplace dialogue, but must ensure the following minimum numbers:

· At least 03 representatives if the employer uses fewer than 50 employees;

· At least 04 to 08 representatives if the employer uses from 50 to fewer than 150 employees;

· At least 09 to 13 representatives if the employer uses from 150 to fewer than 300 employees;

· At least 14 to 18 representatives if the employer uses from 300 to fewer than 500 employees;

· At least 19 to 23 representatives if the employer uses from 500 to fewer than 1,000 employees;

· At least 24 representatives if the employer uses 1,000 employees or more.

– Based on the number of employee-side dialogue representatives, the employees’ representative organization at the establishment and the employees’ dialogue representation group shall determine the corresponding number of representatives participating in the dialogue, in proportion to the number of members of their organization or group relative to the employer’s total workforce..

The identification of the list of representatives participating in workplace dialogue on behalf of the employer and the employees, as specified in the table above, must be conducted periodically at least once every two (02) years and publicly announced at the workplace. During the period between these two (02) cycles, if any designated representative is no longer able to participate, the employer or each employees’ representative organization, or the employees’ dialogue representation group, shall review and decide on a replacement representative for their respective side and publicly announce such replacement at the workplace.

When conducting dialogue under Article 63.2 of the 2019 Labor Code, in addition to the designated dialogue representatives, the parties may agree to invite all employees or certain relevant employees to participate. The parties must also ensure the participation of female employee representatives when the dialogue concerns matters related to the rights and interests of female employees, as required under Article 136.2 of the 2019 Labor Code.

6. Forms of workplace dialogue

Criteria	Periodic workplace dialogue	Dialogue upon request of one or both parties	Dialogue arising from specific cases
Legal basis	Article 39 of Decree 145	Article 40 of Decree 145	Article 41 of Decree 145
Conditions for implementation	– The employer must coordinate with the employee representative organization at the grassroots level and the employee dialogue representative group. – Dialogue may only proceed when the employer’s side has the participation of the legal representative or an authorized person, and the employee’s side has the participation of more than 70% of its total representatives.	– For the employer’s side, the requested dialogue content must be approved by the employer’s legal representative. – For the employee’s side, the requested dialogue content must be approved by at least 30% of the employee representatives participating in the dialogue.	Applied to cases where the law requires the employer to consult the employee representative organization, including: – Regulations on evaluating work performance[10]. – Dismissal of employees due to restructuring or technological changes[11]. – Labor utilization plan[12]. – Salary scales, payrolls, labor norms[13]. – Bonus regulations[14]. – Internal labor regulations[15].
Participants	– Employer’s representatives: the employer’s legal representative or an authorized person. – Employee’s side includes: the employee representative organization at the grassroots level; the employee dialogue representative group (when there are employees who are not members of the employee representative organization).	– Employer’s representatives: the employer’s legal representative or an authorized person. – Employee’s side includes: the employee representative organization at the grassroots level; the employee dialogue representative group (when there are employees who are not members of the employee representative organization).	The number and composition of participants, as well as the time and location for dialogue, shall be determined by both parties in accordance with the grassroots democracy regulations at the workplace.
Process and timeframe	– The parties arrange the time, venue, and method of periodic dialogue based on actual conditions and in accordance with grassroots democracy rules at the workplace. – No later than 05 working days before the dialogue begins, the parties must send the dialogue content to the participants.	– No later than 05 working days from receipt of the dialogue request, the receiving party must provide a written response confirming the time and location for the dialogue. – The employer and the employee dialogue representatives must coordinate to conduct the dialogue.	– The employer must send written documents and the issues requiring consultation to employee representatives. – Employee representatives must collect opinions from the employees they represent and consolidate them into written documents for submission to the employer; if the content relates to the rights or interests of female employees, their opinions must be included. – Based on the consolidated opinions of the employee representative organizations and the dialogue representative group, the employer organizes a dialogue to discuss, exchange views, consult, and share information regarding the proposed matters.
Requirements for minutes & disclosure of information	– The dialogue proceedings must be recorded in minutes and signed by the employer’s legal representative or authorized person, and by representatives of each employee representative organization (if any), as well as representatives of the employee dialogue group (if any). – No later than 03 working days after the dialogue concludes, the employer must publicly disclose the main contents at the workplace; the employee representative organization (if any) and the employee dialogue group (if any) must disseminate the main contents to their members.	– The dialogue proceedings must be recorded in minutes and signed by representatives of all participating parties. – No later than 03 working days after the dialogue concludes, the employer must publicly disclose the main contents at the workplace; the employee representative organization (if any) and the employee dialogue group (if any) must disseminate the main contents to their members.	– The dialogue proceedings must be recorded in minutes and signed by representatives of all participating parties. – No later than 03 working days after the dialogue concludes, the employer must publicly disclose the main contents at the workplace; the employee representative organization (if any) and the employee dialogue group (if any) must disseminate the main contents to their members.

As always, we hope that you find this article useful and we look forward to continuing to accompany and support you in the time ahead.

Sincerely,

ENT Law LLC

[1] Article 36.1(a) 2019 Labor Code.

[2] Article 42 2019 Labor Code.

[3] Article 44 2019 Labor Code.

[4] Article 93 2019 Labor Code.

[5] Article 109 2019 Labor Code.

[6] Article 118 2019 Labor Code.

[7] Article 128.1 2019 Labor Code.

[8] Article 64.1 2019 Labor Code.

[9] Article 64.2 2019 Labor Code.

[10] Article 36.1(a) 2019 Labor Code.

[11] Article 42 2019 Labor Code.

[12] Article 44 2019 Labor Code.

[13] Article 93 2019 Labor Code.

[14] Article 104 2019 Labor Code.

[15] Article 118 2019 Labor Code.

Legal Article

Issue 021225 – Workplace Dialogue Organization

Dear Valued Clients,

1. Definition of workplace dialogue

2. Circumstances requiring workplace dialogue

3. Responsibilities for organizing workplace dialogue

4. Mandatory dialogue topics at the workplace

5. Number and composition of dialogue participants

6. Forms of workplace dialogue

ENT Law LLC

info@entlaw.com.vn

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