What are the responsibilities of the grassroots trade union under the Ministry of National Defense in occupational safety and hygiene in Vietnam?
- What are the responsibilities of grassroots trade unions under the Ministry of National Defense in occupational safety and hygiene in Vietnam?
- What are the responsibilities of the Trade Union agency at the focal level under the Ministry of National Defense, the Military Council, and the collective representative of employees in the work of occupational safety and hygiene in Vietnam?
- Does the employer need to consult the grassroots trade union when developing an occupational safety and hygiene plan?
What are the responsibilities of grassroots trade unions under the Ministry of National Defense in occupational safety and hygiene in Vietnam?
Pursuant to Article 22 of Circular 142/2017/TT-BQP, the responsibilities of grassroots trade unions under the Ministry of National Defense of Vietnam in occupational safety and hygiene are determined as follows:
- Participating with employers in formulating and supervising the implementation of plans, regulations, internal rules, processes, and measures to ensure occupational safety and hygiene, and improve working conditions.
- Representing the collective of employees to negotiate, sign and supervise the implementation of provisions on occupational safety and hygiene in the collective labor agreement; has the responsibility to help employees complain or initiate lawsuits when their legitimate rights and interests are infringed.
- Dialogue with employers to resolve issues related to rights and obligations of employees and employers regarding occupational safety and hygiene.
- Participating in and coordinating with the employer in organizing the inspection of occupational safety and hygiene; supervise and request employers to strictly comply with regulations on occupational safety and hygiene; participate and coordinate with employers in investigating occupational accidents and supervising the settlement of benefits, vocational training and job arrangement for persons suffering from occupational accidents and diseases.
- Make recommendations to employers, competent agencies and organizations to take measures to ensure occupational safety and hygiene, and to remedy consequences of technical incidents that cause occupational unsafe and unsanitary, occupational accidents and handling of violations of the law on occupational safety and hygiene.
- Propagate and mobilize employees and employers to observe the provisions of law, standards, regulations, processes and measures to ensure occupational safety and hygiene at the workplace. Coordinate with employers to organize training and training on occupational safety and hygiene for trade union officials and employees.
- Request the responsible person to immediately take measures to ensure occupational safety and hygiene, including the case of having to suspend operations if necessary when detecting that the workplace poses a risk to health, workers' lives.
- Join the grassroots occupational accident investigation team according to the regulations of the Ministry of National Defense; participate in and coordinate with the employer in responding to and overcoming the consequences of technical incidents causing occupational safety and hygiene insecurity and occupational accidents; In case the employer fails to fulfill the declaration obligation as prescribed, it shall immediately notify the competent management agency according to regulations of the Ministry of National Defense for investigation.
- Coordinating with employers in organizing emulation movements, mass movements for occupational safety and hygiene and building occupational safety culture at the workplace; manage and guide the operation of the safety and sanitation network.
- For production and business establishments that have not yet established a grassroots trade union, the immediate superior trade union agency or the Military Council or representative of the employee collective shall exercise the rights and responsibilities specified in this Article when requested by the workers there.
What are the responsibilities of the grassroots trade union under the Ministry of National Defense in occupational safety and hygiene in Vietnam? (Image from the Internet)
What are the responsibilities of the Trade Union agency at the focal level under the Ministry of National Defense, the Military Council, and the collective representative of employees in the work of occupational safety and hygiene in Vietnam?
Pursuant to Article 21 of Circular 142/2017/TT-BQP stipulating the responsibilities of the Trade Union agency at the focal level under the Ministry, the Military Council, and the representative of employees in the work of occupational safety and hygiene as follows:
- Participate with functional agencies in formulating policies and laws on occupational safety and hygiene. To propose competent agencies to develop, amend and supplement policies and laws related to the rights and obligations of military personnel and employees in terms of occupational safety and hygiene.
- Participate in and coordinate with functional agencies in inspecting, examine and supervise the implementation of policies and laws on occupational safety and hygiene; participate in formulating, guide the implementation, supervise the implementation of plans, regulations, rules and measures to ensure occupational safety and hygiene, improve working conditions for employees at the workplace; participate in the investigation of occupational accidents in accordance with the law.
- Request the responsible agency, organization, enterprise or individual to immediately take measures to ensure occupational safety and hygiene, take remedial measures, even in the case of having to suspend operations when detecting the workplace having harmful factors or dangerous factors to human health and life during the working process.
- Mobilize soldiers and employees to abide by regulations, rules, processes and measures to ensure occupational safety and hygiene.
- Represent the workers' collective to initiate lawsuits when the rights of the workers' collective regarding occupational safety and hygiene are infringed; represent workers to initiate lawsuits when the workers' rights to occupational safety and hygiene are violated and are authorized by the employees.
- Research and apply science and technology, train and coach on occupational safety and hygiene; propose solutions to improve working conditions, prevent occupational accidents and occupational diseases for employees.
- Coordinate with agencies and units to organize emulation movements on occupational safety and hygiene; organize mass movements for occupational safety and hygiene; organize and guide the operation of the student safety and hygiene network.
- Commendation for occupational safety and hygiene work according to regulations.
Does the employer need to consult the grassroots trade union when developing an occupational safety and hygiene plan?
Pursuant to the provisions of Clause 2, Article 15 of Circular 142/2017/TT-BQP as follows:
Occupational safety and hygiene plan
...
2. The formulation of the occupational safety and hygiene plan must be consulted by the grassroots trade union executive committee or the military council for units that do not have a grassroots trade union executive committee and based on the following bases: This:
a) Assessment of risks on occupational safety and hygiene at the workplace; the control of dangerous factors, harmful factors and emergency response plans;
b) Results of performance of occupational safety and hygiene in the previous year;
c) Tasks, directions of production and business plans and labor situation of the plan year;
d) Recommendations of employees, trade unions and inspection teams and inspection teams.
Thus, according to the above regulations, in units with grassroots trade unions, employers must consult with grassroots trade unions when developing occupational safety and hygiene plans of the Ministry of National Defense of Vietnam.
For units that do not have a grassroots trade union executive committee, the employer shall consult the Military Council.
LawNet
