What are the rights of employees when participating in primary trade unions in Vietnam? Is it mandatory to establish a primary trade union in an enterprise?
What are the rights of employees when participating in primary trade unions in Vietnam?
Pursuant to Article 18 of the Law on Trade Union 2012, regulations on the rights of trade union members are as follows:
Rights of trade union members
1. Requesting Trade Union to represent, protect legal and legitimate rights and interests upon being violated.
2. Being informed, diccusing, proposing and voting affairs of Trade Union; being informed of lines, guidelines, policies of the Party and law of the State related to Trade Union, laborers; regulations of Trade Union.
3. Self-nominating, nominating, and voting the agency of Trade Union leaders under regulations of the Charter of Vietnamese Trade Union, questioning leaders of Trade Union; proposing for handling Trade Union’s cadres having mistakes.
4. Being consulted of law, free legal aiding on labor law and Trade Union law.
5. Being guided, helped by Trade Union to find jobs, learn a trade; being cared, helped upon getting sick or meeting difficult situations.
6. Participating in activities of culture, sport, travel organized by Trade Union.
7. Suggesting Trade Union to recomment agencies, organizations and enterprises related to implementation of regimes, policies, laws for laborers.
In addition, Article 10 of the Law on Trade Union 2012 stipulates the representation, protection of legal and legitimate rights and interests of laborers as follows:
- Guiding, consulting laborers on their rights and obligations upon concluding, performing labor contracts, working contracts with units employing laborers.
- Representing for labor collective in agreement of, conclusion and supervision of the implementation of collective labor accord.
- Participating with units employing laborers to formulate and supervise the implementation of wage scales and wage groups, the labor standards, regulations of wave paying, regulations of reward, labor regulation.
- Dialoguing with units employing laborers to settle problems related to rights and obligations of laborers.
- Organizing of law consulting activities for laborers.
- Taking part in settle labor disputes together with competent agencies, organizations or personals
- Proposing to organizations, competent state agencies for consideration, settlement upon the legal and legitimate rights and interest of labor collective or laborers are breached.
- Representing labor collective to suing at the Court upon the legal and legitimate rights and interest of labor collective are breached; representing laborer to suing at the Court upon the legal and legitimate rights and interest of laborer are breached and being authorezed by laborer.
- Representing labor collective to participate in legal proceeding related to cases of labor, administration, enterprise bankruptcy in order to protect the legal and legitimate rights and interest of labor collective and laborers
- Organization and leadership of strikes as prescribed by law.
Thus, the primary trade union is considered an organization representing employees at the enterprise where the employees are working.
When participating in the primary trade union, employees will have the rights prescribed above, be represented by the union, and protect their legal and legitimate rights and interests. In addition, workers also receive financial support from the union in activities such as visits, subsidies, cultural activities, sports, tourism,...
What are the rights of employees when participating in primary trade unions in Vietnam? Is it mandatory to establish a primary trade union in an enterprise?
Vietnam: Is it mandatory to establish a primary trade union in an enterprise?
Pursuant to Article 6 of the Law on Trade Union 2012, regulations on principle of Trade Union organization and operation are as follows:
1. The Trade Unions shall be established in the voluntary basis, organized and operated under the principle of democratic centralism.
2. 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.
Thus, currently there is no regulation forcing businesses to establish a primary trade union. This establishment is based on a voluntary basis, with union members voluntarily joining the Vietnamese trade union.
What are the duties of employees when participating in primary trade unions in Vietnam?
Pursuant to Article 19 of the Law on Trade Union 2012, the duties of trade union members are stipulated as follows:
Duties of trade union members
1. Complying and performing the Charter of Vietnamese 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.
Accordingly, when joining the primary trade union, employees must have responsibilities according to the above content.
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