Are union members in Vietnam liable to disciplinary action for not paying union fees?
Who is a union member in Vietnam?
Based on Article 4 of the Union Law 2024, the regulations are as follows:
Article 4. Interpretation of terms
In this Law, the terms below are understood as follows:
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- Union officials are Vietnamese citizens who are elected, recruited, appointed, or designated to carry out the tasks of the Union organization. Union officials include:
a) Full-time union officials are those elected, recruited, appointed, or designated to regularly handle work in the Union organization;
b) Part-time union officials are those elected by the various union levels or appointed by the competent authority of the Union to hold a title from the position of deputy head of the union group upwards to concurrently handle work of the Union organization.
- A union member is a worker who is admitted or recognized into the Vietnam Union according to the regulations in the Charter of the Vietnam Union.
- The employer is an agency, organization, unit, enterprise, cooperative, union of cooperatives, household, or individual that hires, recruits, and uses workers and pays wages and salaries according to the provisions of law.
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According to the above regulations, a union member is a worker who is admitted or recognized into the Vietnam Union according to the regulations in the Charter of the Vietnam Union.
Are union members in Vietnam liable to disciplinary action for not paying union fees? (Image from the Internet)
Are union members in Vietnam liable to disciplinary action for not paying union fees?
Based on Article 25 of the Disciplinary Regulations in the union organization issued with Decision 5130/QD-TLD of 2022, the violations and forms of disciplinary action against union members are prescribed:
Article 25. Violations and forms of disciplinary action against union members
- Union members who violate any of the following cases will be subject to disciplinary action in the form of a reprimand:
a) Not complying with and not implementing the Charter of the Vietnam Union, resolutions, decisions, regulations, plans, work programs...of the various union levels, causing minor consequences.
b) Not attending 50% or more of the union meetings in one year.
c) Not paying union fees continuously for 6 months without a legitimate reason.
- Union members who violate any of the following cases will be subject to disciplinary action in the form of a warning:
a) Having been disciplined according to the provisions of point a, clause 1 of this Article but reoffending or committing a first-time violation causing serious consequences.
b) Not attending 70% or more of the union meetings in one year.
c) Not paying union fees continuously for 9 months without a legitimate reason.
- Union members who violate any of the following cases will be subject to disciplinary action in the form of expulsion:
a) Having been disciplined according to the provisions of point a, clause 2 of this Article but reoffending or committing a first-time violation causing very serious consequences.
b) Not attending 90% or more of the union meetings in one year.
c) Not paying union fees continuously for 12 months without a legitimate reason.
Union members who do not pay union fees will be disciplined as follows:
- Reprimand for not paying union fees continuously for 6 months without a legitimate reason.
- Warning for not paying union fees continuously for 9 months without a legitimate reason.
- Expulsion for not paying union fees continuously for 12 months without a legitimate reason.
What are the prohibited acts according to the Trade Union Law 2024 in Vietnam?
Based on Article 10 of the Union Law 2024, prohibited acts include:
- Obstructing or hindering the exercise of union rights.
- Discriminating against workers or union officials for reasons related to establishing, joining, or union activities, including the following acts:
+ Requiring participation, non-participation, or exit from the Vietnam Union to be recruited, engage, or extend labor contracts, work contracts.
+ Dismissing, disciplining, unilaterally terminating labor contracts, work contracts; not continuing or extending labor contracts, work contracts; transferring workers to other jobs.
+ Discriminating regarding salary, bonuses, benefits, working hours, and other rights and obligations in employment.
+ Prejudices and discrimination based on gender, ethnicity, religion, beliefs, and other discrimination in employment.
+ Spreading false information to lower the prestige and dignity of union officials.
+ Promising, providing material or non-material benefits for workers or union officials not to participate in union activities, to cease being union officials, or to act against the Union.
+ Controlling, obstructing, or causing difficulties in connection with work to weaken union activities.
+ Other acts as prescribed by law.
- Using economic measures, intimidation, or other means causing harm to the Union organization, interfering with or manipulating the process of establishing or operating the Union, weakening or nullifying the execution of functions, duties, rights, and responsibilities of the Union.
- Failing to ensure the conditions for union activities and union officials as prescribed by law.
- Not paying union expenses; delaying payment of union expenses; paying union expenses not in accordance with the stipulated percentage; not paying for all individuals subject to paying; managing or using union funds improperly.
- Receiving aid, sponsorship, or technical support contrary to regulations of law.
- Abusing union rights to violate the law, infringe upon the interests of the State, rights, and lawful interests of agencies, organizations, units, enterprises, individuals.
- Disseminating false information, inciting, distorting, defaming about the organization and activities of the union.
