Are employees required to join a union in Vietnam? How much will be penalty for forcing employees to join a union in Vietnam?

Are employees required to join a union in Vietnam?

Let me ask, when I sign an employment contract with the company, am I required to join the union? I see that I have to pay money every month so I don't want to participate, is that possible?

Answer: According to Article 170 of the 2019 Labor Code, regulations on the right to establish, join and participate in representative organizations of employees are as follows:

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.

Thus, joining a union is a free and voluntary right of workers. Therefore, employees have right to join or not join the union.

And Clause 1, Article 175 of the 2019 Labor Code stipulates prohibited acts by the employer regarding the establishment, operation of and participation in representative organizations of employees, in which:

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;

b) Disciplining or unilaterally terminating an employment contract; refuses to conclude or renew an employment contract; reassigning an employee;

c) Discrimination by salary, working hours, other rights and obligations in the labor relation;

d) Obstructing, disrupting or otherwise impairing the operation of the representative organization of employees.

Therefore, the enterprise does not have right to require you to join the union, it depends on your wishes in Vietnam.

Are employees required to join a union in Vietnam? How much will be penalty for forcing employees to join a union in Vietnam? (Image from the Internet)

Can enterprises force their employees to pay union fees in Vietnam?

I am 39 years old this year and have been in the party for 13 years. I haven't joined the union but I'm still required to pay union dues, what do I mean? I work at a sole proprietorship.

Answer: According to Article 170 of the 2019 Labor Code regulates the right to establish, join and participate in representative organizations of employees as follows:

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.

Article 175 of the 2019 Labor Code also prohibits employers from forcing employees to join unions.

Thus, joining a union is a free and voluntary right of workers. Therefore, employees have right to join or not join the union. Therefore, because you have not joined the union, the company has no right to force you to pay union dues in Vietnam.

Therefore, you can contact the Director to complain about this issue in Vietnam.

Is there a penalty for forcing employees to join a union in Vietnam?

I just signed an employment contract with the company 2 days ago. The company asked me to write an application to join the union. So will the company be fined?

Answer: According to Clause 1, Article 170 of the 2019 Labor Code regulates the right to establish, join and participate in representative organizations of employees as follows:

1. Every employee has the right to establish, join and participate in activities of trade union in accordance with the Trade Union Law.

At Point b, Clause 1, Article 36 of Decree 12/2022/ND-CP , there are provisions:

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:

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;

Best regards.