Question 157: May Employer not apply CLA to foreign Employees?

546

A CLA[1] is the written agreement between a labour collective and an Employer on the labour conditions the two parties have achieved through collective bargaining. According to the said definition, the CLA stipulates the general and basic working conditions which are applicable to all Employees, including both Vietnamese and foreign Employees.

If in need of defining a distinction on different regimes between Vietnamese and foreign Employees, Employer may do one of the following two alternatives:

  • Employers still maintain general and basic labour regimes for Vietnamese and foreign Employees. On this basis, Employer may recommend higher regimes to Vietnamese Employees by specifying these regimes in each specific labour contract signed with the Vietnamese Employees. These regimes will still be applicable if they are higher than those specified in CLA; or
  • Considering CLA in the form of an agreement between Employers and Employees, Employers may stipulate different labour regimes between Vietnamese Employees and Employees as foreigners, provided that over 50% members of the labour collective must vote in favour of the CLA. This is a condition for signing the CLA in accordance with the law[2].

[1]Article 73 Labor Code

[2]Article 74.2 (a) Labor Code