Regulations on assurances for conditions of trade union activities in Vietnam

Regulations on assurances for conditions of trade union activities in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on assurance of organization and cadres of the trade union in Vietnam

According to Article 23 of the Law on Trade Union 2012, the assurance of the organization and staff of the trade union is as follows:

- Trade Unions at different levels shall be assurance of organization and quantity of cadres, public officials to implement theirs functions, powers and duties as prescribed by law.

- Vietnam General Confederation of Labour shall elaborate organizational structure of machine and job title of Trade Union cadres to submit to competent authority for decision or to decide under its authority.

- Depending on requirement of duties of each primary Trade Union and quantity of laborers in agencies, organizations and enterprises, the competent agency of Trade Union cadre management to decide on arranging fulltime Trade Union cadres.

2. Regulations on assurances for conditions of trade union activities in Vietnam

Regulations on assurances for conditions of trade union activities under Article 24 of the Law on Trade Union 2012 are as follows:

- Agencies, organizations and enterprises are responsible for arrange working place and facility of necessary working devices for trade union at the same level

- The part time trade union cadre may use 24 working hours in everymonth for president; deputy president; 12 working hours in everymonth for members of the committee, chief of, sub-chief of trade union group to do trade union missions and be paid salary by unit employing laborers.

Depending on scale of agencies, organizations and enterprises, the primary Trade Union Committee and unit employing laborers may reach agreement of added time.

- The part time Trade Union cadres may out of work and be paid salary by unit employing laborers during days which he participate in meetings, trainings called to by Trade Union at the higher level; expenses for moving, accommodation and living in such days shall be paid by such Trade Union at the higher level.

- The part time trade union cadres who are paid salary by unit employing laborers shall be enjoyed liablility allowance for trade union cadre as prescribed by Vietnam General Confederation of Labour.

- The fulltime trade union cadres who are paid salary by Trade Unions, shall be ensure collective interests and welfares like as laborers working in agencies, organizations and enterprises by unit employing laborers.

3. Regulations on assurance of trade union cadres in Vietnam

Regulations on assurance of trade union cadres in Vietnam under Article 25 of the Law on Trade Union 2012 are as follows:

- Case labor contract or working contract is expired but laborer being part-time trade union cadre and being his tenure, he shall be prolong labor contract or working contract till the end of his tenure.

- Unit employing laborers shall not unilaterally terminate the labor contract or working contract, dismissal, enforce to quit or transfer jobs with respect to part-time trade union cadre if the primary trade union Committee or trade union Committee of directly higher level had no agreement idea in written.

Case not reaching agreement, two parties must report to competent agency, organization. Within 30 working days, from of reporting to competent agency, organization, unit employing laborers shall be entitled to decide and must be responsible for its such decision.

- If employee being part time trade union cadre is terminated labor contract or working contract, enforce to quit or unlawful dismissal, Trade Union shall require competent state agencies to interfere;

If being authorized, Trade Union may represent to sue at Court to protect legal rights and interest of such trade union cadre; and support to find new job and pay allowances in period of interrupted work as prescribed by the Vietnam General Confederation of Labour.

Quoc Dat

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