Obligations of the employer to the internal representative organization of employees in Vietnam

Obligations of the employer to the internal representative organization of employees in Vietnam (Internet image)

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

1. Obligations of the employer to the internal representative organization of employees in Vietnam

Obligations of the employer to the internal representative organization of employees according to Article 177 of the Labor Code 2019 are as follows:

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

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

- 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.

- 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.

- Other obligations prescribed by law.

2. Rights of members of the management board of a representative organization of employees in Vietnam

Rights of members of the management board of a representative organization of employees according to Article 176 of the Labor Code 2019 are as follows:

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

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

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

+ 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 Article 176 of the Labor Code 2019;

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

- 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.

- 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.

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