(TN&MT) - On October 24, continuing the Eighth Session, under the direction of Vice Chairwoman of the National Assembly Nguyen Thi Thanh, the National Assembly discussed the draft Law on Trade Unions (amended).
Clearly affirm the legal status of Vietnam Trade Union
The report on the reception, explanation and revision of the draft Trade Union Law (amended) presented by Chairwoman of the Social Committee Nguyen Thuy Anh stated that after revision, the draft Law consists of 6 chapters with 37 articles.
The National Assembly Standing Committee has directed research and maximum absorption of delegates' opinions and opinions of agencies. A number of provisions of the draft law have been revised.
Specifically: retain the phrase "Trade Union is a member of the political system of Vietnamese society" and the phrase "together with state agencies, political organizations, social organizations to perform tasks" as prescribed in the current Law to clearly affirm the legal status of Vietnam Trade Union; Add explanation about "trade union member".
Supplement regulations to make trade unions more independent from employers; Supplement principles of international cooperation, content of international cooperation and assign the Vietnam General Confederation of Labor to guide and manage international activities of trade unions.
Specify prohibited acts of discrimination against union officials for reasons of establishing, joining or participating in union activities; Supplement and clarify regulations on the rights and responsibilities of unions...
Regarding the social criticism of the Trade Union (Article 17), taking into account the opinions of National Assembly deputies and agencies of the National Assembly, based on the proposal of the drafting agency, the National Assembly Standing Committee directed the revision as shown in Article 17 to ensure consistency with Decision 217-QD/TW on promulgating the regulations on supervision and social criticism of the Vietnam Fatherland Front and socio-political organizations.
Regarding ensuring operating conditions, trade unions (Article 27), accepting the opinions of National Assembly deputies, working hours of non-professional trade union officials are kept as current regulations, as shown in Clause 2, Article 27 of the draft law...
Working hours of non-professional union officials - should not be specifically legalized
The majority of National Assembly deputies agreed with the reception, explanation and revision of the draft Law on Trade Unions (amended); they believed that, basically, the draft law, after reception and revision, has ensured the timely institutionalization of Resolution No. 02-NQ/TW dated June 12, 2021 on "Innovation of organization and operation of Vietnam Trade Unions in the new situation" and a number of policies and resolutions of the Party on trade union organizations and the working class; in accordance with the 2013 Constitution, ensuring the unity and synchronization of the current legal system...
Regarding ensuring operating conditions, trade unions (Article 27), Clause 2 of the draft law stipulates: “Non-professional trade union officials are allowed to use 24 working hours per month for the Chairman and Vice Chairman of the grassroots trade union; 12 working hours per month for Executive Committee members, Heads and Deputy Heads of trade union groups to do trade union work and are paid by the employer. Depending on the size of the agency, organization or enterprise, the Executive Committee of the grassroots trade union and the employer shall agree on additional time”.
According to National Assembly Deputy Tran Nhat Minh (Nghe An), through contact with voters who are grassroots trade union officials about the draft law, many opinions said that the regulations on working hours of grassroots trade union officials as in the current law are extremely inadequate, still average, not suitable for the scale of large units, organizations, and enterprises with a large number of employees.
In fact, the current practice of grassroots union officials using 12 or 24 working hours per month for union work is extremely limited. Meanwhile, it is also very difficult for employers to negotiate for more time for union activities, especially for organizations, agencies, and enterprises with many employees who need more time for union activities.
To resolve this problem, delegate Tran Nhat Minh said that it is not necessary to specify the number and time as in the draft law, but only to stipulate the general principle: non-professional union officials are guaranteed time to perform union duties and are paid by the employer. The total working time of all non-professional union officials is determined on the basis of the number of union members. At the same time, it is reasonable to assign the Vietnam General Confederation of Labor to regulate the working time of grassroots union officials according to the size of each unit, agency, and enterprise in the direction as in the draft law submitted to the National Assembly at the Seventh Session.
Collecting 2% of union fees is a reasonable regulation.
Commenting on the 2% union fee collection rate, delegate Leo Thi Lich, National Assembly Delegation of Bac Giang province, said that this is a reasonable regulation. The practice of organizing and operating the Vietnam Trade Union over many terms of operation shows that union fee revenue, along with other revenue sources, is an important basis for the Trade Union to build a strong enough resource to perform the functions and tasks assigned by the Party, contributing to enhancing the responsibility of employers, reducing the burden on the State in the context of limited State resources, taking better care of workers, creating a long-term connection between workers, trade unions and enterprises.
Regarding the content of trade union assets, the draft Law has amended the concept of "trade union-owned assets" to "trade union assets in Clause 1; supplementing regulations on the management and use of trade union assets in accordance with the provisions of the law on the management and use of public assets in Clause 2". Delegates believe that amending the provisions in Clause 1 and Clause 2, Article 32 is appropriate. In the context of international integration with the establishment of labor organizations in enterprises, determining "trade union assets" both avoids the risk of speculation that the State "nationalizes" trade union assets; and ensures compliance with the Law on Management and Use of Public Assets. However, to ensure strictness in the management and use of trade union assets, the management and use of trade union assets must be implemented in accordance with the provisions of the law on the management and use of public assets.
Concluding the discussion session, Vice Chairwoman of the National Assembly Nguyen Thi Thanh stated that most of the delegates highly appreciated the sense of responsibility of the National Assembly Standing Committee, the agency in charge of the review, the drafting agency, and relevant ministries and branches in researching, absorbing, revising, and fully and specifically explaining the opinions of National Assembly delegates, and perfecting the content of the draft Law. The majority of opinions basically agreed with many contents of the draft Law and the report on explanation, reception, and revision of the National Assembly Standing Committee, and at the same time proposed to clarify and revise a number of specific contents on payroll, trade union officials, financial mechanisms, resources, etc. in order to build a strong enough trade union organization, truly a political and social organization of the working class and laborers in the new revolutionary period, on par with the requirements of building and developing the country in the new era.
The Vice Chairman of the National Assembly requested the Standing Committee of the Social Affairs Committee to preside over and coordinate with the Vietnam General Confederation of Labor and relevant agencies to fully absorb and explain the opinions of National Assembly deputies to complete the draft Law and report to the Standing Committee of the National Assembly for submission to the National Assembly for approval.
Source: https://baotainguyenmoitruong.vn/bao-dam-thoi-gian-de-can-bo-cong-doan-khong-chuyen-trach-thuc-hien-nhiem-vu-382098.html
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