When do trade union members in Vietnam have access to temporary suspension from trade union activities and payment of trade union fees?
Who is eligible to join the Vietnam General Confederation of Labor according to the legal regulations?
According to Clause 3.1, Article 3 of the Guideline 03/HD-TLD of 2020, the regulations are as follows:
Subjects and conditions for joining the Vietnam General Confederation of Labor according to Article 1 of the Charter of the Vietnam General Confederation of Labor
3.1. Persons eligible for joining the Vietnam General Confederation of Labor
Vietnamese citizens who are salary earners working in legally operating employers according to the laws of Vietnam, including:
a. Officials and public employees, salary earners working in public service providers; state administrative agencies, agencies of political organizations, socio-political organizations, socio-political-professional organizations, and professional social organizations. For commune-level agencies, including salary earners, salary-subsidized earners, those working in the agencies of the People's Council, the People's Committee, political organizations, and socio-political organizations at the commune level.
b. Salary earners working in units, enterprises, and cooperatives.
c. Salary earners working in representative offices of foreign organizations, international organizations, and non-governmental organizations in Vietnam.
d. Legal self-employed workers in the informal labor sector who wish to join the Vietnam General Confederation of Labor and participate in activities in the form of grassroots trade unions.
dd. Employees authorized by competent agencies to represent and manage State capital, holding leadership and management positions in non-public public service providers, non-state sector enterprises, and enterprises with foreign investments.
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Thus, those eligible to join the Vietnam General Confederation of Labor are salary earners in the entities mentioned above that operate legally according to the Vietnamese laws.
When do trade union members in Vietnam have access to temporary suspension from trade union activities and payment of trade union fees? (Photo from the Internet)
What are the duties of trade union members in Vietnam?
Under Article 19 of the Law on Labor Union 2012, the regulations are as follows:
Duties of trade union members
1. Complying and performing the Charter of Vietnam Trade Union, resolutions of Trade Union; participating in activities of Trade Union, developing Trade Union organizations firmly and strongly.
2. Studying and improving cultural and political level, professional and specialized skills; training quality of the working-class; living and working under Constitution and laws.
3. Uniting, helping mates to improve professional level and skill, work effectively and protect legeal and legitimate rights and interests of laborers and Trade Union organizations.
Trade union members have the following duties when participating in the trade union:
- Complying and performing the Charter of Vietnam Trade Union, resolutions of Trade Union; participating in activities of Trade Union, developing Trade Union organizations firmly and strongly.
- Studying and improving cultural and political level, professional and specialized skills; training quality of the working-class; living and working under Constitution and laws.
- Uniting, helping mates to improve professional level and skill, work effectively and protect legeal and legitimate rights and interests of laborers and Trade Union organizations.
When do trade union members in Vietnam have access to temporary suspension from trade union activities and payment of trade union fees?
According to Point h, Clause 1, Article 2 of Decision 174/QD-TLD of 2020, the regulations are as follows:
Rights and duties of TUVN members
1. Rights
a. Participate in the establishment of grassroots trade unions, occupational organization, and trade union activities as prescribed in the Regulations of Trade Union of Vietnam.
b. Request trade unions to represent and protect their legitimate rights and interests when infringed.
c. Have access to requested information about the work of the trade union, discuss, propose and vote on the work of the trade union; stand for nomination or election to, recommend or elect candidates to the leadership of the trade union; question trade union officials; call on disciplinary sanctions to be imposed on trade union officials committing offences. Trade union members delivering outstanding performance should be recommended for admission to the Communist Party of Vietnam.
d. Have access to information about views, guidelines and resolutions of the Communist Party of Vietnam, regulatory policies and laws of the system of government related to trade unions and workers or employees; recommend trade unions to request employers to follow legal policies and regulations.
dd. Receive free-of-charge instructions, counsels and legal assistance about labor and trade union laws; request trade unions to represent them and protect their legal and legitimate rights and interests in court proceedings in labor cases in accordance with laws.
e. Receive relief visits and favours from trade unions when they are sick, in difficulty or in distress; participate in cultural, sports, entertainment and tourism activities organized by trade unions; for trade union members delivering outstanding performance, receive preferential treatment in the form of enrolment in training courses and classes organized by trade unions; have access to guidance and support relating to job seeking and vocational training offered by trade unions.
g. Receive trade union membership cards and enjoy offers when using services from trade union institutions, other forms of association and cooperation under the control of trade unions.
h. As regards trade union members who lose their jobs, have access to temporary suspension from trade union activities and payment of trade union fees within 12 months following the start date of job loss.
i. Have access to exemption from trade union activities or gatherings upon retirement and, when in a difficult situation or hardship, receive support or assistance from trade unions of the entities that approve their retirement applications and trade unions of the localities where they are permanently residing; join retirement clubs or retiree relations committees endorsed by trade unions.
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Trade union members who lose their jobs in Vietnam have access to temporary suspension from trade union activities and payment of trade union fees within 12 months following the start date of job loss.
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