Under what circumstances shall a union member be disciplined and expelled from the union?
In What Circumstances Would a Trade Union Member be Expelled from the Union?
Based on Clause 3, Article 25 of the Regulation attached to Decision 5130/QD-TLD 2022, the regulations on violations and disciplinary actions against union members are as follows:
Violations and Disciplinary Actions Against Union Members
1. A union member who commits one of the following violations shall be disciplined in the form of a reprimand:
a) Failing to comply with and not implementing the Charter of the Vietnam General Confederation of Labour, resolutions, decisions, regulations, plans, work programs... of unions at all levels, causing minor consequences.
b) Failing to attend 50% or more of union meetings in a year.
c) Failing to pay union dues for six consecutive months without a valid reason.
2. A union member who commits one of the following violations shall be disciplined in the form of a warning:
a) Having been disciplined as specified in Sub-clause a, Clause 1 of this Article and reoffending, or committing a first-time violation causing serious consequences.
b) Failing to attend 70% or more of union meetings in a year.
c) Failing to pay union dues for nine consecutive months without a valid reason.
3. A union member who commits one of the following violations shall be expelled:
a) Having been disciplined as specified in Sub-clause a, Clause 2 of this Article and reoffending, or committing a first-time violation causing very serious consequences.
b) Failing to attend 90% or more of union meetings in a year.
c) Failing to pay union dues for twelve consecutive months without a valid reason.
A union member who commits one of the following violations shall be expelled:
- Having been disciplined as specified in Sub-clause a, Clause 2, Article 25 of the Regulation attached to Decision 5130/QD-TLD 2022 and reoffending, or committing a first-time violation causing very serious consequences.
- Failing to attend 90% or more of union meetings in a year.
- Failing to pay union dues for twelve consecutive months without a valid reason.
In What Circumstances Would a Trade Union Member be Expelled from the Union? (Image from Internet)
Who Has the Authority to Expel a Violating Union Member?
According to Point a, Clause 2, Article 12 of the Regulation attached to Decision 5130/QD-TLD 2022, the authority to discipline at the grassroots union level is as follows:
Disciplinary Authority at the Grassroots Union Level
1. The executive committee of the grassroots union shall discipline:
The collective executive committee, the collective standing committee of member grassroots unions, sectional unions.
2. The standing committee of the grassroots union shall discipline:
a) Officials of member grassroots unions, sectional unions, union groups, union members.
b) Former members of the executive committee, standing committee, inspection committee of the grassroots union; former officers of member grassroots unions, sectional unions, union groups who have transferred work, resigned, or retired.
Thus, the standing committee of the grassroots union has the authority to expel a union member who has violated the union's regulations.
Can Expelled Trade Union Members Rejoin the Union?
According to Point d, Clause 1, Article 3 of the Charter of the Vietnam General Confederation of Labour, issued with Decision 174/QD-TLD 2020, the procedures for joining the Vietnam General Confederation of Labour, membership cards, and transferring union activities are as follows:
Procedures for Joining the Vietnam General Confederation of Labour, Membership Cards, and Transferring Union Activities
1. Procedures for joining the Vietnam General Confederation of Labour
a. The employee must voluntarily apply to join the Vietnam General Confederation of Labour.
b. The executive committee of the grassroots union or professional syndicate shall consider and decide to admit or recognize the new union member.
c. Where no union organization exists, the employee may apply to join the Vietnam General Confederation of Labour through the standing committee established to establish grassroots unions as stipulated in Article 14 of this Charter, or submit the application to the superior union to be considered for admission to the Vietnam General Confederation of Labour.
d. A former union member who has left the union and wishes to rejoin must reapply, and the higher-level union shall consider re-admitting them.
2. Membership cards
a. The membership card confirms an individual's union membership in the union organization.
b. Union members are provided with a membership card by the union organization to use in union activities. Cardholders are entitled to the rights and benefits prescribed by various levels of the union.
c. The management and use of membership cards are regulated by the Presidium of the Vietnam General Confederation of Labour.
3. Transferring union activities
When changing workplaces, union members must inform the grassroots union or professional syndicate where they are currently a member about the transfer, present their union card, and express their desire to continue union activities with the executive committee of the new grassroots or professional syndicate.
The executive committee of the old union will remove the member’s name and reduce the count; the executive committee of the new union will add the name and increase the count.
An expelled union member, if they wish to rejoin the Vietnam General Confederation of Labour, must reapply and be considered for re-admission by the higher-level union.
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