Rights and obligations of internal trade unions in terms of occupational safety and hygiene in Vietnam

Rights and obligations of internal trade unions in terms of occupational safety and hygiene in Vietnam (Internet image)

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

1. Rights and obligations of internal trade unions in terms of occupational safety and hygiene in Vietnam

Rights and obligations of internal trade unions in terms of occupational safety and hygiene in Vietnam according to Article 10 of the Law on Occupational Safety and Hygiene 2015 are as follows:

- Cooperate with the employer to formulate and observe the implementation of plans, regulations, internal regulations, process and measures for assurance of occupational safety and hygiene and improvement of working condition.

- Negotiate, sign and supervise the implementation of terms and conditions of occupational safety and hygiene in the collective bargaining agreement on behalf of the employee group; and help the employee to make complains or take legal proceedings upon the infringement of the employee’s rights.

- Discuss with the employer to take actions against issues related to rights and obligations of employees and the employer in terms of occupational safety and hygiene.

- Cooperate with the employer in inspection of implementation of occupational safety and hygiene; observe and request the employer to conform to regulations on occupational safety and hygiene; cooperate with the employer in investigation of occupational accidents and observe the policies, vocational training and work assignment applicable to victims.

- Request the employer or competent agency to carry out policies on assurance of occupational safety and hygiene, eliminate safety threat, occupational accidents and impose penalties for violations against occupational safety and hygiene.

- Propagate employees and employers in observance of legislation, standards, process and measures for occupational safety and hygiene at the workplace. Cooperate with employers in provisions of training in occupational safety and hygiene for union representatives and employees.

- Request the persons in charge to adopt measures for occupational safety and hygiene, including operation suspension if necessary when there is any hazard that threatens health and lives of employees at the workplace.

- Participate in internal groups of investigation into occupational accidents (hereinafter referred to as the internal investigation group) prescribed in Clause 1 Article 35 of the Law on Occupational Safety and Hygiene 2015;

cooperate with the employer in responses to safety threat, occupational accident; in case the employer fails to report as prescribed in Article 34 of the Law on Occupational Safety and Hygiene 2015, the internal union shall immediately inform the competent agency prescribed in Article 35 of the Law on Occupational Safety and Hygiene 2015 for the investigation.

- Cooperate with the employer in organization of emulation movement and mass movement in terms of occupational safety and hygiene and foster safety culture at the workplace, and manage and give instructions in operation of the network of occupational safety and hygiene officers.

- Regarding any business entity without internal trade union, the superior trade union shall exercise rights and fulfill obligations prescribed in this Article at the request of the employees of that business entity.

2. 05 State policies on occupational safety and hygiene in Vietnam

05 State policies on occupational safety and hygiene according to Article 4 of the Law on Occupational Safety and Hygiene 2015 are as follows:

- Enable employers, employee, relevant agencies, organizations, or individuals to implement occupational safety and hygiene measures during the course of work; encourage employers and employees to apply advanced and modern technical standards and administration system and apply advanced, high and eco-friendly technology during the course of work.

- Invest in scientific research, application of safety and hygiene technologies; support construction of national-standards laboratories to serve occupational safety and hygiene.

- Support prevention of occupational accidents and occupational diseases in the fields posing high risks in occupational accidents and occupational diseases; encourage organizations to establish, announce or apply advanced and modern technical standards to improve occupational safety and hygiene during the course of work.

- Provide training in occupational safety and hygiene for employees without labor contracts who work under strict safety and hygiene requirements.

- Extend the scope of voluntary occupational accident insurance in terms of buyers; provide a flexible mechanism for buying insurance and claiming benefit to avoid, minimize or eliminate hazards to employees.

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