As Vietnam’s economy attracts increasing numbers of expatriate professionals and migrant workers, safeguarding their participation in collective bargaining has become an important dimension of labor relations. Ensuring that foreign employees can negotiate workplace terms alongside Vietnamese colleagues not only fulfills legal obligations but also promotes harmonious industrial relations.
1. Legal Framework
The 2019 Labor Code recognizes collective bargaining as a fundamental right of all employees, without distinction of nationality. Article 5(1) confirms that foreign workers enjoy the same labor rights and obligations as domestic workers unless otherwise provided by law.
Under Articles 65–75 of the Code, employees may join or establish employee representative organizations at the enterprise level. These bodies negotiate collective labor agreements with employers, covering wages, bonuses, working hours, occupational safety, and other employment conditions. Vietnam’s ratification of ILO Convention No. 98 on the Right to Organize and Collective Bargaining further reinforces the universality of this protection.
2. Practical Challenges
Despite a supportive legal framework, foreign workers often face structural barriers that limit effective participation:
- Language and communication gaps: Collective bargaining sessions and documentation are typically conducted in Vietnamese. Without translation, foreign workers may misunderstand proposals or be unable to articulate their needs.
- Limited awareness of rights: Expatriates focusing on short-term assignments or migrant workers in low-skilled sectors may not receive proper orientation on Vietnamese labor law.
- Cultural differences: In some home countries, bargaining is uncommon, making foreigners hesitant to engage in negotiations or join representative bodies.
- Visa and contract insecurity: Workers whose stay depends on employer sponsorship might fear retaliation or non-renewal of permits if they participate actively in bargaining.
These challenges can lead to underrepresentation of foreign perspectives in collective agreements, potentially perpetuating disparities in pay, benefits, or working conditions.
3. Employer and Union Responsibilities
Employers should adopt inclusive bargaining practices, such as:
- Providing interpretation services or bilingual documents during negotiations.
- Encouraging foreign staff to stand for election in employee representative committees.
- Ensuring that participation in collective activities does not influence visa renewal or contract extension decisions.
Employee organizations should also develop outreach strategies, using multilingual materials and mentoring systems, to integrate expatriates and migrant workers into union life.
4. Policy Recommendations
To strengthen the exercise of bargaining rights by foreign employees, Vietnam could:
- Issue guidelines clarifying that nationality-based exclusion from bargaining is unlawful.
- Organize training for labor inspectors and mediators on the specific needs of foreign workers.
- Support capacity-building programs for unions to develop language support and cultural-competence skills.
- Establish a hotline or online portal for foreign employees seeking advice on representation and negotiations.
Conclusion
Foreign workers in Vietnam formally enjoy the same collective bargaining rights as local employees, reflecting both domestic legislation and international standards. Yet practical barriers—language, awareness, cultural factors, and dependency on work permits—can limit real participation. Through targeted policies, employer commitment, and union engagement, Vietnam can ensure that its growing foreign workforce has an equal voice in shaping workplace conditions.
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Nguyễn Hiền Mai