This is one of the noteworthy new provisions stipulated in the Labor Code 2019 officially ratified by the National Assembly at the 8th session of the 14th National Assembly on November 20, 2019, and set to take effect from January 1, 2021.
Article table of contents
From 2021, there will be an additional labor organization at enterprises (Illustrative Image)
To be specific, according to Clause 3, Article 3 of the 2019 Labor Code:
“The employee representative organization at the grassroots level is an organization established on the voluntary basis of employees at a labor-employing unit for the purpose of protecting the legitimate and lawful rights and interests of employees in labor relations through collective bargaining or other forms as prescribed by labor law. The employee representative organization at the grassroots level includes grassroots trade unions and the labor organization at enterprises.”
Previously, according to Clause 4, Article 3 of the 2012 Labor Code, the collective labor representative organization at the grassroots level was the Executive Committee of the grassroots trade union or the Executive Committee of the directly higher-level trade union where there was no grassroots trade union.
Thus, from January 01, 2021, in addition to grassroots trade unions, employees will have an additional labor organization at enterprises.
The regulation on establishing a labor organization at enterprises alongside the Vietnam Trade Union aims to promote and enhance the effectiveness of representing and protecting the legitimate and lawful rights and interests of employees in labor relations. This is in accordance with the Conventions of the International Labor Organization (ILO) to which Vietnam is a member, as well as other international commitments, and facilitates the process of international economic integration and development.
Toan Trung
