What is the role of provincial and municipal labor federations when initiating civil lawsuits and participating in procedure for settling labor disputes in court in Vietnam?
What level are provincial and municipal labor federations in the organizational system of trade unions at different levels in Vietnam?
According to Article 7 of the Charter of the Vietnam General Confederation of Labor issued together with Decision 174/QD-TLD of 2020 particularly regulating the organizational system of trade unions at different levels:
Organizational system of trade unions at different levels
Trade Union of Vietnam is a unified organization consisting of the following levels:
1. Level of central trade union: the Vietnam General Confederation of Labour (VGCL).
2. Level of provincial or central industry trade union: Federations of Labour of provinces and centrally-affiliated cities; central industry trade unions.
3. Level of trade union immediately superior to internal trade unions:
a. Federations of labour of urban districts, rural districts, towns and provincial cities (hereinafter collectively referred to as district-level Federation(s) of labour);
b. Local industry trade unions;
c. Trade unions of industrial parks, export processing zones, economic zones, hi-tech parks (hereinafter collectively referred to as trade union(s) of industrial parks);
d. Trade unions of incorporations or general companies;
dd. Other trade unions immediately superior to internal trade unions.
4. Level of internal trade union: internal trade unions and occupational organizations (hereinafter collectively referred to as internal trade unions).
Thus, according to the above provision, the organizational system of trade unions at different levels includes 04 levels:
- Level of central trade union.
- Level of provincial or central industry trade union.
- Level of trade union immediately superior to internal trade unions.
- Grassroots level.
In which, provincial and municipal labor federations belong to the level of provincial or central industry trade union.
Therefore, provincial and municipal labor federations are only below the central level in the organizational system of trade unions at different levels.
What is the role of provincial and municipal labor federations when initiating civil lawsuits and participating in procedure for settling labor disputes in court in Vietnam?
What is the role of provincial and municipal labor federations when initiating civil lawsuits and participating in procedure for settling labor disputes in court in Vietnam?
Under Sub-item 3, Section 2, Part 1 of Guidance 92/HD-TLD of 2023 regulating the role of provincial and municipal labor federations in initiating civil lawsuits and participating in procedures for settling labor disputes and labor matters in court as follows:
Role of labor federations in initiating civil lawsuits and participating in procedures for settling labor disputes and labor matters in court
...
3. Provincial and municipal labor federations, central industry and equivalent trade unions, internal trade union affiliated to the Vietnam General Confederation of Labor.
- Initiate lawsuits and participate in settling disputes about union funds in court.
- Initiate lawsuits and participate in settling individual labor disputes in court if authorized by employees.
- Initiate lawsuits and participate in settling collective labor disputes about rights if authorized by internal trade unions.
- Request the court to declare labor contracts invalid, collective labor agreements invalid; request the court to review the legality of strikes.
- Appoint representatives to participate in the process of settling labor disputes and labor matters as legal representatives and protect the legal rights and interests of employees, internal trade unions, and trade unions immediately superior to internal trade unions if requested by employees, internal trade unions, trade unions immediately superior to internal trade unions.
- Appoint representatives to participate in the process of settling labor disputes and labor matters as appointed by the court.
- Appoint representatives to attend meetings to check submission, access, evidence disclosure, and reconciliation upon request of employees. If unable to participate, opinions must be provided in writing.
Therefore, the role of provincial and municipal labor federations when initiating civil lawsuits and participating in procedure for settling labor disputes in court in Vietnam includes:
- Settling disputes about union funds in court.
- Settling individual labor disputes in court if authorized by employees.
- Settling collective labor disputes about rights if authorized by internal trade unions.
- Requesting the court to declare labor contracts invalid, collective labor agreements invalid.
- Requesting the court to review the legality of strikes.
- Appointing representatives to participate in settling labor disputes and labor matters if requested by employees, internal trade unions, and trade unions immediately superior to internal trade unions.
- Appointing representatives to participate in settling labor disputes and labor matters as appointed by the court.
- Appointing representatives to attend meetings to check submission, access, evidence disclosure, and mediation upon the request of employees.
May provincial and municipal labor federations in Vietnam mobilize employees to improve their professional qualifications?
According to Article 19 of the Charter of the Vietnam General Confederation of Labor issued together with Decision 174/QD-TLD of 2020 regulating provincial and municipal labor federations as follows:
Provincial and municipal labor federations
...
4. Duties and authority
...
e. Motivate trade union members and employees to study to improve their professional qualifications, law-related knowledge, and practice their professional behavior and skills; manage and organize trade unions’ cultural and sports events, cultural facilities intended for employees, vocational education and training institutions, job placement and counseling and support centers for employees according to the regulations of the State and trade unions.
g. Carry out personnel plans, manage and train officials and grant policies to authorized officials; cooperate with district-level committees and equivalents in placing, assigning, engaging and promoting officials under their delegated authority.
h. Guide and direct congresses and meetings of inferior trade unions; develop and manage trade union members; evaluate and rate trade unions annually under the guidance of the Presidium of VGCL.
i. Establish external relations according to the regulations of the Presidium of VGCL.
k. Manage and use funds, assets and economic activities of trade unions in accordance with the State regulations.
Therefore, mobilizing employees to improve their professional qualifications is one of the duties and authority that provincial and municipal labor federations may perform according to the law.
LawNet