Online: 16  |   Today: 14  |   Total: 18
en  en
Home  >  Consult
Frequently Asked Questions for Staffing Clients

Labor Code Vietnam 2012 - Chapter XIII TRADE UNION

Chapter XIII TRADE UNION

Nhan Kiet Staffing Services

*      Staffing Services
*      Teamporary Labor Supplying Services
*      Seasonal Labor Supplying Services
*      Outsourcing Services
*      Contractor Services
*      Labor Services
*      Freelance Legalizing Services
*      Labor Legalizing Services 
*      Loading and Unloading Services
*      Packaging Services
*      Payroll Services
*      Sanitation And Cleanning Services
*      Head hunting services

 

VIET NAM LABOR CODE 2012

(THE LABOR CODE OF VIETNAM)

The Labor Code specifies the labor standards; the rights, obligations and responsibilities of the employees, the employers, the labor representative organizations, the employer representative organizations in the labor relation and other relations directly related to the labor relation, the State management of labor

 

Chapter XIII

TRADE UNION

Article 188. Role of trade union organization in labor relationship

1. The grassroots trade union performing the representatives role, protecting the legitimate and proper rights and interests of the trade union members, employee, participating, negotiating, signing and supervising the implementation of collective labor agreement, salary scale, payroll, labor norms and salary payment regulation, bonus regulation, labor rule and democracy regulation at enterprises, agencies and organizations, participating and supporting to settle labor dispute; dialogue and cooperation with employers to build harmonious, harmonious and progressive labor relations at the enterprises, agencies and organizations.

2. The direct superior grassroots trade union shall support the grassroots trade union to perform the functions and duties as prescribed in Clause 1 of this Article; propagating and educating, raising the awareness about labor law, law on trade unions for the employees

3. In areas where there is no trade union organization established at the grassroots level, the direct superior grassroots trade union shall fulfill the responsibilities as specified in clause 1 of this Article.

4. The Trade union organizations at all levels shall participate with the state management agencies at same level and the representative organization of the employer to exchange and settle the labor issues.

Article 189. Establishing and joining and operating trade union at enterprises, agencies and organizations

1. The employee working at the enterprises, agencies and organizations has the right to establish, join and operate the trade union in accordance with the Law on Trade unions.

2. The superior grassroots trade union has the right to mobilize the employee to join the trade union, establish the grassroots trade union at the enterprises, agencies and organizations and has the right to require the employer and the state management agency on labor to create conditions and support the establishment of the grassroots trade union.

3. When the grassroots trade union is established under the provisions of the Law on Trade union, the employer must recognize and create favorable conditions for the grassroots trade union to operate.

Article 190. Prohibited acts for the employer related to the establishment, joining and operation of trade union

1. Hindering or causing difficulties for the establishment, joining and operation of the trade union of the employee.

2. Coercing the employee to establish, join and operate the trade union.

3. Requiring the employees not to participate in or leave the trade union organization.

4. Discriminating on salry, working hours and the rights and obligations in the labor relationship to prevent the establishment, joining and operation of trade union of the employee.

Article 191. Rights of the grassroots trade union official in the labor relationship

1. Meet employers for dialogue, exchange, negotiate on issues of labor and employers.

2. Coming to workplace in order to meet the employee within the scope of liability they represent

3. The places where the grassroots trade union has not been established, the direct superior grassroots trade union official is enttiled to execute the rights provided in this Article.

Article 192. Responsibilities ofemployerstotrade union

1. Creating favorable conditions for the employee to establish, join and operate the trade union.

2. Coordinating and creating favorable conditions for the superior grassroots trade union to propagate, mobilize and develop trade union member, establish grassroots trade union and arrange specialized trade union official at the enterprises, agencies and organizations.

3. Guaranteeing the conditions for the grassroots trade union to operate under provisions in Article 193 of this Code.

4. Coordinating with the grassroots trade union to build and implement the democratic regulations, the operation coordination regulation in conformity with the functions and duties of each party.

5. Consulting with the grassroots trade union executive committee before issuing the provisions relating to the rights, obligations, regulations and policies for employees.

6. When the employee as a non-specialized trade union official is in the trade union term but his labor contract has expired, he shall be renewed the labor contracts already signed to the end of his trade union term.

7. When the employer unilaterally terminates the labor contract and perform another job, disciplines and dismisses employee who is the non-specialized trade union official, the employer must agree in writing with the grassroots trade union executive committee or the direct superior grassroots trade union executive committee.

In case failing to reach an agreement, both parties must report to the competent agency and organization. After 30 days from the date of giving notice to the local State management agencies, the employer has the right to make a decision and to take responsibility for his decisions.

In case of disagreement with the decision of the employer, the grassroots trade union executive committee and employee have the right to settle the labor disputes according to the procedures and order prescribed by law.

Article 193. Ensuring trade union operation condition at enterprises, agencies and organizations

1. The grassroots trade union is arranged the workplace and provided with information to ensure the necessary conditions for trade union operation.

2. The non-specialized trade union official is entitled to use the time in his working hourse for trade union operation as prescribed by the Law on Trade union and shall be paid by the employer.

 

3. The specialized trade union official at enterprises, agencies and organizations paid by the Trade union and is guaranteed by the employer the collective welfare as the employees working at the enterprises, agencies and organizations as agreed in the collective labor agreement or regulations of the employer.