Chương XIII Luật Lao động 1994: Công đoàn

Chapter XIII

TRADE UNION

Article 153.-

1- Within six months after this Labor Code becomes effective, at an operating business for which no trade union organization has been set up, and within six months after a newly formed business becomes operational, the provincial chapter of the Vietnam General Confederation of Labor shall set up a provisional trade union organization to represent and protect the rights and interests of the employees and the employee collective.

2- The operation of the provisional trade unions shall be specified by the Government in coordination with the Vietnam General Confederation of Labor.

Article 154.-

1- Once a trade union is established, according to the Trade Union Law and the Trade Union Statute, the employer must recognize it.

2- The employer must closely cooperate with and create favorable conditions for the Trade Union to operate according to the regulations of the Labor Code and the Trade Union Law.

3- The employer is not allowed to discriminate against an employee who establishes or joins a trade union or joining a trade union or participate in trade union activities. The employer shall also not use economic measures and other measures to interfere in the organization of and activities by the trade union.

Article 155.-

1- The employer has the responsibility to ensure the necessary working means for the trade union to operate.

2- The employee, who works part time for the trade union, may use a portion of his/her working time to look after trade union matters and still receive full pay from the employer. This portion of work time that may by used to look after trade union matters shall be determined by the size of the business and on the agreement between the employer and the executive committee of the local trade union, but must not be fewer than three working days in a month.

3- The full time trade union worker is paid by the trade union fund but shall enjoy the same rights, interests and welfare benefits like any other employee in the business, depending on the statute of the business or the collective accord.

4- When the employer decides to dismiss or unilaterally terminate the labor contract with an employee who is a member of the Executive Committee of the local Trade Union, he/she must have the consent of this Committee. If the concerned employee is President of this Committee, the employer must obtain the consent from the trade union of a higher level.

Article 156.- The Vietnam General Confederation of Labor and Trade Unions, as all levels, shall join the State offices and representatives of the employers in discussing and settling questions concerning labor relations. They are entitled to create service agencies for job placement, vocational training, mutual assistance, legal consultancy and community welfare for the employees, as well as other rights defined in the Trade Union Law and this Code.