Tiếng ViệtThe fact that workers are officially allowed to establish organizations to represent themselves, instead of just being able to choose to join trade unions as before, demonstrates Vietnam’s commitment in the Free Trade Agreements. signed, notably the Free Trade Agreement with the European Union (EVFTA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CP-TPP).
The 2019 Labor Code officially recognizes and allows workers to establish new representative organizations operating at the grassroots, which operate in parallel and equally with trade unions. Grassroots employee representative organizations include two types: grassroots trade unions and enterprise employee organizations.
Mục lục bài viết
How to establish and join a representative organization of workers at the grassroots level
First, the grassroots trade union
The organizational principles of the Trade Union are organized and operated according to the Charter of the Vietnam Trade Union.
Clause 2, Article 4 of the Trade Union Law stipulates: “Grassroots trade union is the grassroots organization of the trade union, gathering trade union members in one or several agencies, organizations, enterprises, and is recognized by the direct grassroot supervision of the superior trade union according to the provisions of law and the Charter of the Vietnam Trade Union”.
The direct superiors at the grassroots level include: Labor Federations of districts, towns, and provincial cities (collectively referred to as District Labor Federations); Local industry unions; Trade unions of industrial parks, export processing zones, economic zones, and high-tech zones (collectively referred to as trade unions of industrial parks); Corporation union.
Process of establishing a grassroots trade union
Step 1: Set up a Campaign Committee to establish a grassroots trade union.
– Employees who are or are not union members can mobilize other workers to join the union and form a grassroots union through organizing a campaign committee. – Members of the campaign committee appoint the head of the campaign committee and contact the nearest superior union for guidance, help and support;
– When 05 or more people (including workers who are trade union members and workers who have applied to join the union) voluntarily join to form a grassroots trade union, the head of the mobilization committee contacts the superior trade union to receive assistance in preparing and organizing congresses to establish grassroots trade unions.
Step 2: Organize a congress to establish a grassroots trade union. The content of the congress and the participants in the congress are carried out according to Clause 12.2, Section 12. Order and procedures for establishment and dissolution of grassroots trade unions.
Step 3: Prepare documents to request superior trade union consideration and recognition
– Within 15 working days from the end of the congress, the executive committee must prepare a dossier to request the superior trade union to consider and recognize the establishment of the grassroots trade union. Document composition shall comply with the instructions in Clause 12.3 of Instruction No. 03.
Step 4. Receive notification from the direct superior union on the establishment of the grassroots union
– In case of meeting all conditions and in accordance with the law, issue a decision to recognize trade union members, grassroots trade unions, executive committees and positions of executive committees according to regulations;
– In case of ineligibility, the employee will be notified in writing and instructed to follow the correct process and procedures.
Second, the organization of workers at the enterprise
– The employee organization at the enterprise will be established according to the legal order and procedures and registered with a competent state agency.
– Labor organizations at enterprises must ensure the principle of compliance with the Constitution, laws and regulations; voluntary, self-governing, democratic, transparent. (Operating charter. This charter is guided in Article 174 of the 2019 Labor Code);
– In addition, employee organizations at enterprises can join the Vietnam Trade Union. In case a labor organization at an enterprise joins the Vietnam Trade Union, it shall comply with the provisions of the Trade Union Law.
Employees are required to join the employee representative organization at the facility
– According to Clause 1, Article 170, the Labor Code stipulates that employees have the right to establish, join and operate trade unions according to the provisions of the Trade Union Law.
– According to Clause 1, Article 4, Trade Union Law 2012, trade union rights are the right to establish, join and operate trade unions of workers, trade union members and the rights of trade union organizations according to the provisions of law. and regulations of competent authorities.
Thus, establishing and joining a union is determined to be a right of workers. Employees may or may not exercise their rights without violating the law.
– At the same time, Point b, Clause 1, Article 45, Decree 145/2020/ND-CP also stipulates that workers can decide: Join or not join the employee representative organization at the facility.
Therefore, workers are not required to join the union at the labor facility. Joining a union depends on the needs and desires of employees and is done on a voluntary basis. They can choose to join unions or other representative organizations or not join representative organizations.
Above is an article by Bach Tuyet Law Firm on “The right to participate in employee representative organizations at the grassroots”. If you have any questions, please contact Bach Tuyet Law Firm with the following information to receive advice and use our services:
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