Do employees have right to establish representative organizations of employees in Vietnam? Can the heads of the internal employee organization be persons who do not work in that enterprise?
- Do employees have right to establish representative organizations of employees in Vietnam?
- Vietnam: Can the heads of the internal employee organization be persons who do not work in that enterprise?
- Who shall decide on the dismissal of the chief and members of the management board of the internal employee organization in Vietnam?
Do employees have right to establish representative organizations of employees in Vietnam?
Pursuant to Article 170 of the 2019 Labor Code, regulations on the right to establish, join and participate in representative organizations of employees are as follows:
The right to establish, join and participate in representative organizations of employees
1. Every employee has the right to establish, join and participate in activities of trade union in accordance with the Trade Union Law.
2. Employees of enterprises are entitled to establish, join and participate in activities of internal employee organizations in accordance with Articles 172, 173 and 174 of this Labor Code.
3. The representative organizations of employees mentioned in Clause 1 and Clause 2 of this Article shall have equal rights and obligations in protection of the legitimate rights and interests of employees in labor relations.
Every employee has the right to establish, join and participate in activities of trade union. The representative organizations of employees shall have equal rights and obligations in protection of the legitimate rights and interests of employees in labor relations.
Pursuant to Article 171 of the 2019 Labor Code, regulations on internal trade unions in Vietnam’s trade union system are as follows:
Internal trade unions in Vietnam’s trade union system
1. Internal trade unions in Vietnam’s trade union system shall be established in organizations, units and enterprises.
2. The establishment, dissolution, organization and operation of internal trade unions shall comply with the Trade Union Law.
Thus, Internal trade union belong to the Vietnam’s trade union system and are part of the representative organizations of employees.
Representative organizations of employees in Vietnam (Image from the Internet)
Vietnam: Can the heads of the internal employee organization be persons who do not work in that enterprise?
Pursuant to Article 173 of the 2019 Labor Code, regulations on management boards and members of employee organizations at enterprises are as follows:
Management board and members of internal employee organizations
1. When applying for registration, the number of members the internal employee organization that are employees of the enterprise shall reach the minimum number prescribed by the Government.
2. The management board shall be elected by members of the internal employee organization. Members of the management board shall be Vietnamese employees of the enterprise who are not serving a sentence, do not have an unspent conviction and are not undergoing criminal prosecution for breach of national security, violations against freedom and democracy, infringement of ownership defined in Criminal Code.
When applying for registration, the number of members the internal employee organization that are employees and management board elected by the employees of the enterprise shall reach the minimum number prescribed by the Government. Thus, management board of the internal employee organization must be employees of the enterprise.
Who shall decide on the dismissal of the chief and members of the management board of the internal employee organization in Vietnam?
Pursuant to Article 174 of the 2019 Labor Code, charter of internal employee organization is as follows:
Charter of internal employee organization
1. The charter of an internal employee organization shall contain:
a) Name, address and logo (if any) of the organization;
b) The objectives of protecting the lawful rights and interests of the members in labor relations in the enterprise; cooperating with the employer in resolving issues relevant to the rights, obligations and interest of the employer and employees; develop progressive, harmonious and stable labor relation;
c) Requirements and procedures for joining and leaving the organization.
The internal employee organization of an enterprise shall not simultaneously have members that are ordinary employees and members that participate in the process of making decisions relevant to working conditions, recruitment, labor discipline, employment contract termination or employee reassignment;
d) Organizational structure, tenure and representative of the organization;
dd) Rules for organization and operation;
e) Methods for ratifying decisions of the organization.
The following issues shall be voted by the members under the majority rule: ratification, revisions of the organization’s charter; election, dismissal of the chief and members of the management board of the organization; division, consolidation, merger, renaming, dissolution, association of the organization; joining the trade union.
g) Membership fees, sources of assets and finance, and the management thereof.
Revenues and expenses of the internal employee organization shall be monitored, archived and made available to its members.
h) Members’ proposals and responses thereto.
2. The Government shall elaborate this Article.
According to charter of internal employee organization on dismissal of the chief and members of the management board of the internal employee organization, the issues shall be voted by the members.
In addition, the charter of an internal employee organization shall contain: name, address, logo (if any) of the organization, objectives, requirements and procedures for joining and leaving the organization.
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