Chapter IV
ASSURANCES FOR ACTIVITIES OF TRADE UNIONS
Article 23. Assurance of organization and cadres
1. Trade Unions at different levels shall be assurance of organization and quantity of cadres, public officials to implement theirs functions, powers and duties as prescribed by law.
2. Vietnam General Confederation of Labour shall elaborate organizational structure of machine and job title of Trade Union cadres to submit to competent authority for decision or to decide under its authority.
3. Depending on requirement of duties of each primary Trade Union and quantity of laborers in agencies, organizations and enterprises, the competent agency of Trade Union cadre management to decide on arranging fulltime Trade Union cadres.
Article 24. Assurances for conditions of trade union activities
1. Agencies, organizations and enterprises are responsible for arrange working place and facility of necessary working devices for trade union at the same level
2. The part time trade union cadre may use 24 working hours in everymonth for president; deputy president; 12 working hours in everymonth for members of the committee, chief of, sub-chief of trade union group to do trade union missions and be paid salary by unit employing laborers. Depending on scale of agencies, organizations and enterprises, the primary Trade Union Committee and unit employing laborers may reach agreement of added time.
3. The part time Trade Union cadres may out of work and be paid salary by unit employing laborers during days which he participate in meetings, trainings called to by Trade Union at the higher level; expenses for moving, accommodation and living in such days shall be paid by such Trade Union at the higher level.
4. The part time trade union cadres who are paid salary by unit employing laborers shall be enjoyed liablility allowance for trade union cadre as prescribed by Vietnam General Confederation of Labour.
5. The fulltime trade union cadres who are paid salary by Trade Unions, shall be ensure collective interests and welfares like as laborers working in agencies, organizations and enterprises by unit employing laborers.
Article 25. Assurance of trade union cadres
1. Case labor contract or working contract is expired but laborer being part-time trade union cadre and being his tenure, he shall be prolong labor contract or working contract till the end of his tenure.
2. Unit employing laborers shall not unilaterally terminate the labor contract or working contract, dismissal, enforce to quit or transfer jobs with respect to part-time trade union cadre if the primary trade union Committee or trade union Committee of directly higher level had no agreement idea in written. Case not reaching agreement, two parties must report to competent agency, organization. Within 30 working days, from of reporting to competent agency, organization, unit employing laborers shall be entitled to decide and must be responsible for its such decision.
3. If employee being part time trade union cadre is terminated labor contract or working contract, enforce to quit or unlawful dismissal, Trade Union shall require competent state agencies to interfere; if being authorized, Trade Union may represent to sue at Court to protect legal rights and interest of such trade union cadre; and support to find new job and pay allowances in period of interrupted work as prescribed by the Vietnam General Confederation of Labour.
Article 26. Finance of Trade Union
Finance of Trade Union includes the following revenues:
1. Trade Union fee is paid by trade union members as prescribed in the Charter of Vietnamese Trade Union;
2. Trade Union funds are paid by agencies, organizations and enterprises in 2% salary funds based to pay social insurance for laborers;
3. State budget allowances for assistance;
4. Other revenues from activities of culture, sport, ecomomy of Trade Union; from projects, plans assigned by the State; from aid, funding of domestic and foreign organizations, individuals.
Article 27. Management and use of trade union finance
1. The Trade Unions shall manage and use trade union finance as prescribed by laws and provisions of the Vietnam General Confederation of Labour.
2. Trade Union finance is used for activities that perform powers and duties of Trade Unions and maintain operation of Trade Union system, including the following missions:
a) Propagating, spreading, educating on lines, guidelines, policies of the Party, law of the State; improve professional level, professional skill for laborers;
b) Organizing activities that represent, protect legal and legitimate rights and interests of laborers;
c) Developing trade union members, establishing primary trade unions, making trade unions firm and strong;
d) Organizing emulation movements that are mobilized by Trade Union;
dd) Traning, fostering trade union cadres; traning, fostering elite laborers to have source of cadres for the Party, the State and trade union organizations;
e) Organizing activities of culture, sport, travel serving laborers:
g) Organizing activities of gender and gender equality;
h) Visiting, caring, allowancing for trade union members and laborers upon getting sick, maternity, or difficulties; organizing other activities to care laborers;
i) Mobilizing, awarding laborers, children of laborers having record in studying and working;
k) Paying salary for full time trade union cadres; liablility allowance for part time trade union cadres;
l) Paying for operation of trade union machine at different levels;
m) Other paying missions.
Article 28. Assets of Trade Union
Assets being obtained from contribution of trade union members, capital of trade unions; assets being transfer the ownership by the State and other sources in accordance to law shall be assets belonging to ownership of Trade Unions.
The Vietnam General Confederation of Labour implements rights and duities of ownership with respect to assets of Trade Unions as prescribed by law.
Article 29. Examination and supervision of Trade Union finance
1. The trade union at the higher level shal guide, exeminate, and supervise implementation finance work of trade unions at lower level as prescribed by laws and provisions of the Vietnam General Confederation of Labour.
2. The examination agency of Trade Union shal examinate management, use Trade Union finance as prescribed by laws and provisions of the Vietnam General Confederation of Labour.
3. The competent State agencies shal supervise, examinate, inspect, audit management, use Trade Union finance as prescribed by laws.
Tìm kiếm
Luật Công đoàn 2012 (Bản Pdf)
Luật Công đoàn 2012 (Bản Word)