When does a Trade Union Member Automatically Cease to be a Member? What Benefits do Members Enjoy When Participating in the Trade Union?
When Does a Trade Union Member Automatically Cease to Be a Member?
Pursuant to Clause 3.3, Article 3 of Guideline 03/HD-TLD 2020 stipulates as follows:
Subjects and Conditions for Joining the Vietnam Trade Union according to Article 1 of the Vietnam Trade Union Charter
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3.3. Individuals who are currently trade union members or trade union officials, when transferred to positions that belong to the category not admitted to the Vietnam Trade Union organization as mentioned in points b, c, section 3.2 of this Guideline, will automatically cease to be a member or a trade union official. In the case where they wish to continue participating in trade union activities, the grassroots trade union executive committee will consider recognizing them as honorary members. An honorary member has the rights and duties of a trade union member except the right to vote on trade union organizational matters, the right to nominate, stand for election, and to vote for the official delegates to the higher-level trade union congress and the leadership bodies of the trade union organization.
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Thus, according to the above regulation, a person currently a trade union member, when transferred to a position belonging to the category not admitted to the Vietnam Trade Union organization as specified in points b, c, section 3.2 of Guideline 03/HD-TLD 2020, will automatically cease to be a member.
However, if they wish to continue participating in trade union activities, they can be considered for recognition as an honorary member by the grassroots trade union executive committee.
When does a trade union member automatically cease to be a member? What benefits do members enjoy when participating in the Trade Union? (Image from the internet)
What Benefits Do Members Enjoy When Participating in the Trade Union?
Pursuant to Article 18 of the Trade Union Law 2012, trade union members are entitled to the following benefits when participating in the Trade Union:
- Require the Trade Union to represent and protect their legitimate rights and interests when violated.
- Receive information, discuss, propose and vote on the Trade Union's work; be informed about the Communist Party's guidelines, policies, and the State's laws related to the Trade Union and workers; regulations of the Trade Union.
- Nominate, stand for election, and vote for trade union leadership agencies according to the Vietnam Trade Union Charter; question trade union leaders; propose disciplinary action against trade union officials committing violations.
- Receive legal consultation and free legal aid from the Trade Union regarding labor and trade union laws.
- Receive guidance and assistance from the Trade Union for job seeking, vocational training; visits and assistance during illness or difficult circumstances.
- Participate in cultural, sports, and tourism activities organized by the Trade Union.
- Propose the Trade Union to petition agencies, organizations, and businesses regarding the policies, laws, and regulations concerning employees.
What Responsibilities Do Members Have When Participating in the Trade Union?
Pursuant to Article 19 of the Trade Union Law 2012, trade union members have the following responsibilities:
- Comply with and implement the Vietnam Trade Union Charter, resolutions of the Trade Union; participate in trade union activities and contribute to building a strong trade union organization.
- Enhance political, cultural, and professional skills; cultivate industrial working class qualities; live and work according to the Constitution and laws.
- Unite and assist colleagues in improving skills and efficiency, and protect the legitimate rights and interests of workers and the trade union organization.
How Long Can a Trade Union Member Stop Paying Union Fees Before Being Disciplined and Expelled from the Trade Union?
Pursuant to Clause 3, Article 25 of the Disciplinary Regulation in Trade Union Organizations issued with Decision 5130/QD-TLD 2022, the violations and disciplinary forms for trade union members are specified as follows:
Violations and Disciplinary Forms for Trade Union Members
1. A trade union member who commits any of the following violations shall be disciplined in the form of a reprimand:
a) Failure to comply with and implement the Vietnam Trade Union Charter, resolutions, decisions, regulations, plans, and work programs of various levels of trade unions causing minor consequences.
b) Failure to attend 50% or more of the trade union meetings in a year.
c) Fail to pay union dues continuously for 6 months without a legitimate reason.
2. A trade union member who commits any of the following violations shall be disciplined in the form of a warning:
a) Having been disciplined according to point a of Clause 1 of this Article and reoffending or causing serious consequences for the first time.
b) Failure to attend 70% or more of the trade union meetings in a year.
c) Fail to pay union dues continuously for 9 months without a legitimate reason.
3. A trade union member who commits any of the following violations shall be disciplined in the form of expulsion:
a) Having been disciplined according to point a of Clause 2 of this Article and reoffending or causing very serious consequences for the first time.
b) Failure to attend 90% or more of the trade union meetings in a year.
c) Fail to pay union dues continuously for 12 months without a legitimate reason.
Thus, according to the above regulation, a trade union member who fails to pay union dues continuously for 12 months without a legitimate reason will be disciplined in the form of expulsion.
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