1. In case of transfer of the right to own or use assets of business, the previous employer shall develop the plans to use employees under the provisions of Article 46 of the Labor Code. 2. The employees must terminate the employment contracts under the plan for to use the employees as specified in Clause 1 of this Article, the employers shall make the severance payments as prescribed in Article 49 of the Labor Code. 3. The employees continuing to work, the employees sent to retraining courses to continue to work, the employees assigned to work part-time at employer’s enterprises after the transfer of the right to own and use assets under the plan to use the employees as specified in clause 1 of this Article, upon termination of the employment contract, the next employers shall be responsible for calculation and payment of severance benefits as prescribed in Article 48 or redundancy benefits under the provisions of Article 49 of the Labor Code for the time when the employees have actually worked for them, and severance pay for the time when the employees actually have worked at these enterprises before the transfer of the right to own and use assets, including the time of working in the state sector and being last recruited into the business before January 01, 1995. 4. If the business’ employers continue to transfer the right to own and use a part of assets or the whole enterprises after the transfer of the right to own or use assets of business, the employers shall implement the provisions of Clauses 1, 2 and 3 of this Article before and after the right to own and use the assets . Chapter III COLLECTIVE BARGAINING, COLLECTIVE BARGAINING AGREEMENT Article 16. Periodic collective bargaining Periodic collective bargaining as specified in clause 2 of Article 67 of the Labor Code shall be conducted at least once a year. Time of conducting periodic collective bargaining shall be agreed by both parties Article 17. Responsibilities of trade unions, organizations representing employers and regulatory agencies in charge of labor issues for attending collective bargaining sessions 1.On receipt of the written request made by either collective bargaining party, Vietnam General Confederation of Labor, Confederation of Labor of central-affiliated cities and provinces, Trade Union as the immediate superior at grassroots level, central and local organizations representing employers , the Ministry of Labor War Invalids and Social Affairs, the People's Committee of a province and district shall – appoint officials to attend collective bargaining sessions
1. In case of transfer of the right to own or use assets of business, the previous employer shall develop the plans to use employees under the provisions of Article 46 of the Labor Code. 2. The employees must terminate the employment contracts under the plan for to use the employees as specified in Clause 1 of this Article, the employers shall make the severance payments as prescribed in Article 49 of the Labor Code. 3. The employees continuing to work, the employees sent to retraining courses to continue to work, the employees assigned to work part-time at employer’s enterprises after the transfer of the right to own and use assets under the plan to use the employees as specified in clause 1 of this Article, upon termination of the employment contract, the next employers shall be responsible for calculation and payment of severance benefits as prescribed in Article 48 or redundancy benefits under the provisions of Article 49 of the Labor Code for the time when the employees have actually worked for them, and severance pay for the time when the employees actually have worked at these enterprises before the transfer of the right to own and use assets, including the time of working in the state sector and being last recruited into the business before January 01, 1995. 4. If the business’ employers continue to transfer the right to own and use a part of assets or the whole enterprises after the transfer of the right to own or use assets of business, the employers shall implement the provisions of Clauses 1, 2 and 3 of this Article before and after the right to own and use the assets . Chapter III COLLECTIVE BARGAINING, COLLECTIVE BARGAINING AGREEMENT Article 16. Periodic collective bargaining Periodic collective bargaining as specified in clause 2 of Article 67 of the Labor Code shall be conducted at least once a year. Time of conducting periodic collective bargaining shall be agreed by both parties Article 17. Responsibilities of trade unions, organizations representing employers and regulatory agencies in charge of labor issues for attending collective bargaining sessions 1.On receipt of the written request made by either collective bargaining party, Vietnam General Confederation of Labor, Confederation of Labor of central-affiliated cities and provinces, Trade Union as the immediate superior at grassroots level, central and local organizations representing employers , the Ministry of Labor – War Invalids and Social Affairs, the People's Committee of a province and district shall appoint officials to attend collective bargaining sessions
DECREE-NO.05.2015-OF-THE-GOVERNMENT.docx