Is it compulsory for Vietnamese employees to participate in Trade Union? What are the principles of Trade Union organization and operation?
Is it compulsory for Vietnamese employees to participate in Trade Union?
According to Clause 1, Article 170 of the Labor Code 2019, regulations on the right to establish, join and participate in the activities of employee representative organizations at the grassroots 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.
Besides, according to Clause 1, Article 4 of the Law on Trade Union 2012, it is stipulated as follows:
Interpretation of terms
In this law, the following terms shall be construed as:
1. The rights of Trade Unions mean rights of establishing, participating in and operating Trade Union and Trade Union members; and rights of Trade Union organizations as prescribed by law and provisions of competent authorities.
Accordingly, establishing and participating in a union is the right of employees. Employees may or may not exercise their rights without violating the law.
Is it compulsory for Vietnamese employees to participate in Trade Union? What are the principles of Trade Union organization and operation? (Image from the Internet)
Vietnam: What are the principles of Trade Union organization and operation?
Principles of Trade Union organization and operation in Article 6 of the Law on Trade Union 2012 are prescribed as follows:
- The Trade Unions shall be established in the voluntary basis, organized and operated under the principle of democratic centralism.
- The Trade Unions shall be organized and operated under the Charter of Vietnamese Trade Union in accordance with lines, guidelines, policies of the Party and law of the State.
What are the penalties for requesting employees to participate in Trade Union in Vietnam?
According to Point a, Clause 1, Article 175 of the Labor Code 2019, it regulates prohibited acts for employers related to the establishment, joining and operation of employee representative organizations at the grassroots level. as follows:
Prohibited acts by the employer regarding the establishment, operation of and participation in representative organizations of employees
1. Any act of discrimination against employees or members of the management board of the representative organization of employees due to the establishment, operation or participation in the representative organization of employees, including:
a) Requesting a person to participate, not to participate or to leave the representative organization of employees in order to be recruited, have the employment contract signed or renewed;
...
Accordingly, employers are strictly prohibited from requesting a person to participate, not to participate or to leave the representative organization of employees in order to be recruited, have the employment contract signed or renewed.
Pursuant to Point b, Clause 1, Article 36 of Decree 12/2022/ND-CP on violations of regulations on discrimination due to establishment, participation in and operation of internal representative organization of employees as follows:
Acts of discrimination due to establishment, participation in and operation of internal representative organization of employees
1. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed upon an employer for performing any of the following acts of discrimination against employees or members of the management board of the internal representative organization of employees due to the establishment, participation in or operation of the representative organization of employees:
a) Discriminating by salary, working hours, other rights and obligations in the labour relation;
b) Requesting an employee to participate, not to participate, or to leave the internal representative organization of employees as a condition for being recruited, or having his/her employment contract signed or extended;
c) Disciplining or unilaterally terminating employment contracts; refusing to conclude employment contracts or extend employment contracts; or reassigning employees to other works;
d) Obstructing, disrupting or otherwise impairing the operation of the internal representative organization of employees.
...
Accordingly, in case the employer has the behavior of requesting an employee to participate, not to participate, or to leave the internal representative organization of employees as a condition for being recruited, or having his/her employment contract signed or extended, such employer may be subject to administrative penalties ranging from 15,000,000 VND to 30,000,000 VND.
This is the penalty applied to individuals. An official competent to impose penalties shall have the right to impose a fine which is twice as much as that imposed upon an individual upon an organization for committing the same administrative violation (According to Clause 2, Article 6 of Decree 12/2022/ND-CP) .
LawNet
