Chương XIII Bộ Luật lao động 2012: Công đoàn

Chapter XIII

TRADE UNIONS

Article 188. The role of trade unions in industrial relations

1. Grassroots level trade unions play the role of representing and protecting the rights and legitimate interests of trade union members and employees; participate in negotiating, signing and supervising the implementation of collective labor agreements, wage scales and wage tables, labor norms, wage payment regulations and bonus regulations, internal working regulations, democracy regulations in enterprises, agencies or organizations; participate in and assist the settlement of labor disputes; hold dialogues and cooperate with employers to build harmonious, stable and progressive industrial relations in enterprises, agencies or organizations.

2. Immediate higher-level trade unions shall assist grassroot-level trade unions in performing their functions and tasks specified in Clause 1 of this Article; and propagate, educate and improve understanding of employees on the labor law and trade union law.

3. At non-unionized workplaces, immediate higher-level trade unions shall perform the duties specified in Clause 1 of this Article.

4. Trade unions at a level shall work with state management agencies of the same level and the employers’ representative organization to discuss and deal with labor-related issues.

Article 189. Establishment, joining and operation of trade unions at enterprises, agencies and organizations

1. Employees of enterprises, agencies and organizations have the right to establish, join and operate trade unions in accordance with the Law on Trade Union.

2. Immediate higher-level trade unions have the rights and responsibilities to mobilize employees to join trade unions and establish grassroots-level trade unions at enterprises, agencies or organizations; they also have the right to request employers and local labor state management agencies to create favorable conditions for and support the establishment of grassroots-level trade unions.

3. When the grassroots-level trade union is established in accordance with the Law on Trade Union, the employer shall recognize and create favorable conditions for activities of the grassroots-level trade union.

Article 190. Prohibited acts of employers related to the establishment, joining and operation of trade unions

1. Obstructing or causing difficulties to employees in the establishment, joining and operation of trade unions.

2. Coercing employees to establish, join and operate a trade union.

3. Asking employees not to join or to withdraw from a trade union.

4. Discriminating employees regarding wages, working time and other rights and obligations in industrial relations to obstruct employees in the establishment, joining and operation of trade unions.

Article 191. Rights of grassroots-level trade union representatives in industrial relations

1. To meet the employer to discuss, exchange ideas and negotiate on labor and employment issues.

2. To visit workplaces to meet employees within the scope of responsibility which they represent.

3. At non-unionized workplaces, immediate higher-level trade union representatives shall exercise the rights provided in this Article.

Article 192. Responsibilities of employers toward trade unions

1. To create favorable conditions for employees to establish, join and operate trade unions.

2. To collaborate and create favorable conditions for immediate higher-level trade unions to propagandize, mobilize and develop trade union members, establish grassroots-level trade unions and arrange full-time trade union representatives at enterprises, agencies or organizations.

3. To ensure conditions for grassroots-level trade union activities as provided in Article 193 of this Code.

4. To coordinate with grassroots-level trade unions to formulate and implement democracy regulations and coordination mechanism regulations which are suitable to the functions and tasks of each side.

5. To consult the executive committee of the grassroots-level trade union before issuing regulations related to the rights, obligations and benefits of and policies related to employees.

6. When an employee who is a part-time trade union representative is still in his/her trade union tenure while his/her labor contract expires, that labor contract must be extended until the end of the trade union tenure.

7. When an employer unilaterally terminates the labor contract of, transfers to another job or sacks an employee who is a part-time trade union representative, he/she must obtain the written agreement of the executive committee of the grassroots-level trade union or the executive committee of the immediate higher-level trade union.

If failing to reach such agreement, the two parties shall report it to a competent agency or organization. Only after 30 days after notifying the case to the local state management agency of labor, may the employer make decision and he/she shall take responsibility for his/her decision.

If disagreeing with the employer’s decision, the executive committee of the grassroots-level trade union and the employee concerned may request labor dispute settlement in accordance with the procedures and order provided by law.

Article 193. Assurance of conditions for trade union activities at enterprises, agencies and organizations

1. A grassroots-level trade union shall be provided by the employer with an office and information and given necessary conditions for trade union activities.

2. A part-time trade union representative may use working time for trade union activities according to the Law on Trade Union and have his/her wage paid by the employer.

3. A full-time trade union representative at an enterprise, agency or organization has his/her wage paid by the trade union and shall be ensured by the employer with collective welfare benefits like other employees of the enterprise, agency or organization as stated in the collective labor agreement or the employer’s regulations.