What are obligations of employers to the internal representative organization of employees in Vietnam?

What are obligations of employers to the internal representative organization of employees in Vietnam?

Let me ask: What are obligations of employers to the internal representative organization of employees according to the 2019 Labor Code?

Answer: Article 177 of the 2019 Labor Code stipulates obligations of the employer to the internal representative organization of employees, as follows:

1. Do not obstruct the employees from lawfully establishing, joining and participate in activities of the internal representative organization of employees.

2. Recognize and respect the rights of the lawfully established internal representative organization of employees.

3. Enter into a written agreement with the management board of the internal representative organization of employees when unilaterally terminating the employment contract with, reassigning or dismissing for disciplinary reasons an employee who is a member of the management board. In case such an agreement cannot be reached, both parties shall send a notice to the provincial labor authority. After 30 days from the day on which such a notice is sent to the labor authority in the locality, the employer shall have the right to make the decision. In case of disagreement with the employer’s decision, the employee and management board may request labor dispute settlement in accordance with the procedures prescribed by law.

4. In case the employment contract with an employee that is a member of the management board of the internal employee representative organization expires before the end of his/her term of office, the existing contract shall be extended until the end of the term of office.

5. Other obligations prescribed by law.

What are obligations of employers to the internal representative organization of employees in Vietnam? (Image from the Internet)

What rights do members of management board of a representative organization of employees have in Vietnam?

Let me ask: What rights do members of management board of a representative organization of employees have in Vietnam under the 2019 Labor Code? Thank you!

Answer: In Article 176 of the 2019 Labor Code, there are regulations on rights of members of the management board of a representative organization of employees:

1. Members of the management board of a representative organization of employees have the rights to:

a) Approach employees at the workplace during the performance of the organization’s duties, provided it does not affect the employer’s normal operation.

b) Approach the employer to perform the duties of the employees’ representative organization;

c) Be fully paid by the employer for performance of the duties of the representative organization of employees during the working time in accordance with Clause 2 and Clause 3 of this Article;

d) Other guarantees in labor relation and performance of the representative’s duties as prescribed by law.

2. The Government shall specify the minimum period of time the employer has to allow all members of the management board of the representative organization of employees to perform its duties according to the number of its members.

3. The representative organization of employees and the employer may negotiate the extra time and how the management board uses the working time to perform their duties in a practical manner.

What are regulations on right to establish, join and participate in representative organizations of employees in Vietnam?

Hello, let me ask: What are regulations on right to establish, join and participate in representative organizations of employees in Vietnam according to the 2019 Labor Code?

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

Right to establish, join and participate in representative organizations of employees

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.

Best regards.