Purpose

• Systemize theoretical basis on collective negotiation at enterprises generally and collective negotiation on salary at enterprises particularly.
• Assess disadvantages and difficulties in the real situation of collective negotiation on salary at enterprises.
• Propose solutions to promote collective negotiation on salary at enterprises.

Main Findings

• Provisions for salary which was directly related to interests of workers was stipulated by laws as a mandatory institution, however, government managerial agencies lacked legal basis to check, supervise and enhance the process to negotiate and sign the collective labor agreements on this content.
• Negotiating and signing new collective labor agreements at enterprises still had narrow coverage, no substance and formalism; many enterprises lacked union organizations to represent the workers in negotiation.
• Negotiating and signing collective labor agreements at line ministry level still lacked specific institutions and basis for replication as well as measures, institutions to enhance the negotiation process at line ministry level.
• Some content about salary was stipulated and negotiated in a comparatively clear way, however, they were mainly one-way policies of the enterprises.
• In many enterprises, labor agreements had been signed, however, the committed provisions had not been implemented or not fully implemented; in FDI and privately owned enterprises, labor agreements were signed mainly for negotiating business contracts with foreign partners, not to meet the actual requirements of labor relations within enterprises.
• Besides, in some enterprises, signing agreements was implemented between the employers and the Union Executive Board without the participation of the representatives of employees, which leaded to the fact that the employees were completely unaware of the provisions of the agreement. Consequently, the supervision and implementation of the commitments in the agreements remained difficult.

Solutions

• Supplement articles on collective negotiation into the Law of Labor. Specifying the principle of voluntary/mandatory participation in the construction of labor agreements in the enterprises. Issued Decree for specific guidance on the collective labor agreements of sectors. Continue to research and ratify the conventions of the International Labor Organization.
• Organizations representing the employers should be formed clearly and consistently. Strengthen accountability and obligations of grassroots trade unions in collective negotiation on wages. Organize training skills of collective negotiation on salary for participants in collective negotiation.
• Strengthen the 3-party coordinating mechanism in labor relations. Improve the performance of 3-party mechanism in researching and consulting. Promote the enforcement of labor laws in the enterprises. Supervise and evaluate the implementation of provisions on salary in collective bargaining agreements.