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 in Vietnam

Rights of members of the management board of a representative organization of employees at the grassroots in Vietnam are stipulated in Article 176 of the Labor Code 2019 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.

Rights of members of the management board of a representative organization of employees in Vietnam (Internet image) 

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

Pursuant to Article 177 of the Labor Code 2019, the obligations of the employer to the internal representative organization of employees at the grassroots in Vietnam 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.

Rights and obligations of the representative organization of employees in labor relations in Vietnam

Rights and obligations of the representative organization of employees in labor relations are stipulated in Article 178 of the Labor Code 2019 as follows:

- Enter into collective bargaining with the employer in accordance with the Labor Code 2019.

- Hold dialogues at work in accordance with the Labor Code 2019.

- Comment on the establishment; supervise the implementation of the pay scale, payroll, labor rates, regulations on salary payment, rewards, internal labor regulations, and other issue relevant to rights and interests of employees that are members of the organization.

- Represent the employee during labor dispute settlement when authorized by the employee.

- Organize and lead strikes in accordance with the Labor Code 2019.

- Provide technical assistance for legally registered organizations in Vietnam to improve their knowledge about labor laws, procedures for establishment of the representative organization of employees and performance of representative activities in labor relation after registration is granted.

- Be provided a working location, information and other necessary facilities for operation of the representative organization of employees by the employer.

- Other rights and obligations prescribed by law.

Mai Thanh Loi

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